Spain labor laws rest on the Workers' Statute, the Estatuto de los Trabajadores, consolidated as Real Decreto Legislativo 2/2015 and amended repeatedly since. It sets the statutory floor, working time, trial periods, leave, termination, on top of which sector collective bargaining agreements add binding detail; most Spanish employment questions are answered by the convenio before the statute. For a foreign company the practical point is that whoever is the legal employer in Spain, your own entity or an employer of record, must apply both layers. The figures below come from the consolidated statute and the European Commission's EURES summary of Spanish working conditions, both linked in the sources.
Working time and leave
The statutory ceiling on ordinary working time is 40 hours per week on average, calculated annually, which is why Spanish contracts and convenios talk in annual hours rather than fixed weekly grids. Paid annual leave is set by collective agreement or contract but may never be less than 30 calendar days, a floor that catches employers used to counting working days: 30 calendar days is roughly 22 working days, and offering a bare 20 working days without checking the convenio is a common compliance miss. Public holidays, rest periods and night work rules sit on top, and the applicable collective agreement frequently improves on all of them.
Trial periods are capped by statute
Article 14 of the Workers' Statute caps the probationary period at six months for qualified technicians and two months for other workers, extended to three months for non-technicians in companies with fewer than 25 employees, and the applicable convenio can set different limits within the statutory frame. During a valid trial period either side can end the relationship without notice or compensation, which makes the trial clause one of the few flexible instruments in an otherwise protective system, and also makes drafting it correctly matter: a trial period longer than the cap is void for the excess.
Ending employment: the severance scales
Spanish termination law works in statutory scales rather than negotiation. EURES summarises the two most load-bearing figures: fixed-term contracts concluded from January 2015 carry end-of-contract compensation of 12 days' pay per year of service, and dismissals on the employer's initiative that are not upheld as disciplinary carry compensation of 20 days' pay per year of service under the objective dismissal rules, with higher scales where a dismissal is ruled unfair. A dismissed worker can start conciliation proceedings within twenty working days, and Spanish practice is that dismissals are challenged often enough that the paperwork must be built to survive review from day one.
What this means for hiring through an EOR
An employer of record in Spain contracts under the statute and the sector convenio, registers the employee for social security, withholds income tax and applies the working time, leave and severance rules above as the legal employer. Using one moves the compliance burden but not the law: the entitlements are the employee's regardless of who signs. When comparing vendors for Spain, ask which collective agreement they will apply to your roles, how they cost employer social security contributions on top of gross salary, and how the statutory severance scales are handled at offboarding. This page describes the statute and official summaries; it is not legal advice, and the statute, convenio and contract control.
Questions people ask about spain labor laws
What is the maximum working week in Spain?
Ordinary working time may not exceed 40 hours per week on average calculated annually, under the Workers' Statute, and the applicable collective agreement often sets a lower annual hours figure.
How much paid holiday do employees in Spain get?
Never less than 30 calendar days per year; the exact entitlement is set in the collective agreement or contract and can be higher.
How long can a trial period be in Spain?
Article 14 caps it at six months for qualified technicians and two months for other workers, three months for non-technicians in companies under 25 employees, with collective agreements able to vary within the statutory frame.
What severance applies to fixed-term contracts in Spain?
Contracts concluded from January 2015 carry compensation of 12 days' pay per year of service at expiry, per the EURES summary, with substitution and training contracts excluded.