Understanding Labor Law and Employment Contracts in Spain

Posted on Mar 10, 2025 in Law & Jurisprudence

Evolution of Labor Law in Spain

In 1980, Spain enacted the Workers’ Statute, which contains the basic regulations for labor relations. In 1995, the revised text of the Workers’ Statute Law (TRLET) was adopted, incorporating amendments to the law.

Divisions of Law

Labor law is divided into public and private law aspects.

Labor and Employment Law

This area covers voluntary work, whether for employees, dependence, or remuneration.

Sources of Labor Law

Internal Sources:

  • Laws and Regulations of the Statute:
    • Organic Laws (governing matters relating to the development of fundamental rights and public liberties)
    • Ordinary Laws (approved by the General Courts, developed by the normal legislative procedure, Statute Law Employees)
    • Decree-Laws (for special and urgent needs)
    • Legislative Decrees (government has the power to make rules of law with force of law, including texts articulated or merged)
    • Regulations (rules of law subordinate to the law)
  • Collective Agreement: A written agreement, freely negotiated between representatives of workers and employers, to regulate working conditions and rules of coexistence in companies.
  • The Employment Contract: Manifests the will of the parties.
  • Local Customs and Professionals.

External Sources:

  • International Treaties, ILO, the European Union.

Principles for the Application of Labor Standards

  • Minimum standards
  • The most favorable rule
  • Inalienable rights
  • More advantageous conditions
  • In dubio pro operario (when in doubt, for the worker)

The Spanish Legislation

TRLET (Workers’ Statute Law).

Labor Courts

Courts of the Social, the Social Rooms of the Superior Courts of the Autonomous Communities, the Social Hall of the National Audience, and the Social Hall of the Supreme Court.

Labor Administration

Ministry of Labor and Social Affairs, powers of the Autonomous Communities, Inspection of Work.

The Employment Contract

It expresses the will of the parties and can be defined as an agreement between two people, where one undertakes to provide certain services under the direction of the employer, receiving remuneration in return.

Capacity to Contract

  • The Worker: Over 18, legally emancipated under the age of 18, over 16 and under 18 if they are independent or have authorization from parents or guardians, foreign workers.
  • The Employer: Natural or legal person.

Essential Elements of the Contract

Consent, object, cause.

Content of the Contract

Minimum content, contractual clauses.

Testing Period

  • Duration: For qualified technicians, six months; for other workers, two months.
  • Rights: Employees have the same rights and obligations as the rest of the employees, must be registered in the Social Security system, and wages must be paid.

Duration of Employment Contract

Indefinite or of determined duration.

Labor Rights and Duties

  • Basic rights
  • Rights in relation to the work
  • Obligations of the employment relationship

Liability of an Employer

To recruit the worker into Social Security, communicate to the INEM (National Employment Institute), inform the legal representatives of workers on contracts made, and pay into Social Security.

ETT (Temporary Employment Agencies)

Consist of an agency whose activity is providing or making available facilities and workers for their recruitment.

Agencies

Do not hire the worker but act as intermediaries.