Work contract in Spain: What to look for before signing

What kind of contract you're offered?

The first question is, how long and how much the contract is made, and that's what matters, the rest of it: protection against dismissal, probation, payment at completion.

If the contract is urgent, find in the text the reason and circumstances: without a precise explanation of the reason, its relationship to the time of the time of the time of the time of the time of the time of the time of the time period is not considered justified. [1]B. Contrary employees acquire permanent status [1]In addition, employees who have worked more than 18 months under two or more contracts in 24 months under the circumstances of the production become permanent workers. [1].

What must be in the contract and in the written information

The contract can also be concluded orally, and the employment relationship is assumed where the person works for another person, in his organization and under his administration for payment. [1]But if the work lasts more than four weeks, the employer must provide in writing the essential elements of the contract and the basic conditions if they are not in the contract itself. [1]The exact list is a sub-decree we haven't been able to handle here.

It is almost worth finding in the text or annex the following:

• parties, date of commencement, place of work;
• The post and occupational group on convenio: salary and allowances depend on it;
• The nature of the treaty and the time frame, for an urgent reason;
• Salary: base salary, allowances, annual, gross or net benefits;
• Working hours: weekly rate, distribution, processing;
• Leave, probation, notice period;
• The name of the applicable convenio colictivo.

Convenio colictivo: Why a contract cannot be read without it

Convenio colictivo is a collective agreement between employers and employees of an industry or enterprise, which imposes a duty on all those within its scope for the duration of the operation of the enterprise. [1]Therefore, the contract often does not contain salary, night allowances or the number of days of leave beyond the minimum: they are recorded in convenio.

Convenio has priority over sectoral in certain matters: overtime and shifts, leave schedule and planning, adaptation of worker classification and family and work balance measures [1]The remaining issues are governed by the general rule of article 84: the agreement shall not be modified by another level of agreement until it is in force unless the parties agree otherwise [1]Which agreement applies to your work, defines by activity: the Ministry of Labour runs the Mapa de la Negociación Colectiva, where companies show a likely conveio by CNAE code and the REGCON register shows it in the text [4].

Ask the employer for the name convenio and find your category in the salary table.

Pay: What to Look at in the Contract

The legal salary is all the cash and in-kind payment for work, which is defined by convenio and, in the absence of a contract, includes base salary and personal circumstances, work and company results. [1]In-kind payment may not exceed 30% of the wage and may not reduce the monetary portion below the minimum wage [1].

Minimum wage (SMI) 2026: 1,221 per month for 14 payments, 17,094 per year [5]This is the lower limit, not the recommended amount: an employee is entitled to two additional payments per year (pagas extraordinarias): one by Christmas, one by convenio per month; convenio may authorize the distribution of these payments for twelve months [1]For example, the imputed 30,000 I can be called "2,500 per month" or "2,143 per month, 14 payments." Ask whether this is gross or net and how many payments per year.

The employer is required to issue a bill of account (recibo de salarios) on the approved model or fixed convenio, with separate payment lines and retentions [1]I. How to count gross and net: Spain: gross, net and 14 payments.

Trial period

The trial period (periodo de prueba) must be agreed in writing; without convenio, it cannot be longer than six months for technical specialists with a diploma and two months for the rest. In companies, less than 25 workers for non-technical experts, the ceiling is three months. For fixed-term contracts, up to six months: one month unless conviio says otherwise. [1].

The trial period is worthless if the person has already performed the same functions in the company under any contract [1]. During this period, either party can terminate the relationship, but all other rights and obligations as a full-time employee [1]. Pregnant workers dismissal on the initiative of the employer in the trial period is invalid, except in cases not related to pregnancy [1].

Working hours, processing and leave

Standard: no more than 40 hours per week, average per year [1]The shift shall be not less than 12 hours, normally not more than 9 hours per day, unless the convenio decides otherwise. 15 minutes shall be allowed for the day beyond 6 hours. [1].

Overtime is work beyond the established standard: payment is not less than the cost of the normal hour or compensation for rest. If the parties do not agree, they are compensated for four months ’ rest. [1].

A vacation with pay, at least 30 calendar days, cannot be replaced by money. [1].

What a foreigner Needs to Know

The treaty does not itself give foreigners the right to work. [1]If you need a work permit, the regulation requires the employer to submit a signed contract, where the date of commencement is linked to the entry into force of the permit, and the conditions are in accordance with the law and conviio for the same work, category and location. [2]In part-time employment, the total wage must not be less than the full annual SMI [2]More detailed on the role of the employer: Residence permit on a working contract in SpainIII. Where to look for vacancies and how to avoid intermediaries is described in the article Work in Barcelona for Russian-speaking.

Employers are required to file an alta at Segurid Social before starting work: the application is filed at least 60 days before the first day of work [3]Social security number and registration explain the articles NUSS and Alta and RETA.

For seasonal work and collective employment abroad, the regulations require that the employee obtain a copy of the contract in a language that is understandable before signing. [2]If you do not read Spanish, ask for a translation and check it before signing.

Individual cases: A student with a permit for higher education may work no more than 30 hours a week: Can you work with student permits?; for DNV (a digital nomad), work is only available for a foreign company, but not for a Spanish employer: Can you work for a Spanish company for DNV?.

How the Treaty Ends

An employee may resign if he/she has complied with the notice period which establishes convenio or custom of the place [1]The employer may terminate the contract for objective reasons: written notice of cause, compensation for 20 days per year of work (not more than 12 months) and warning for 15 days [1]If the court found the dismissal to be unreasonable, the employer shall choose between restoration and compensation at 33 days per year, but not more than 24 months. [1]II. Dismissal that violates fundamental rights or is related to discrimination is invalid [1]The time limits and forms are determined by articles 49 to 56 and your convenio.

Typical errors before signature

• Sign without knowing the name convenio and its category in it.
• Accept an oral promise of a bonus or bonus in lieu of a written condition.
• No question whether it's gross or net and how many payments per year.
• Adopt a "service contract" instead of a work contract where you work on schedule and under the employer's supervision: the law assumes employment relations in such cases [1].
• Agree to a fixed-term contract without the reason given: urgency must be justified [1].
• Agree to a trial period longer than the allowed period or a repeat trial period for the same functions [1].
• Start working until the alta at Seguridad Social and before the permit comes into force [2][3].

When Individual Review Is Needed

A review is needed if you are offered services other than a contract of employment, if the contract is fixed-term for an alien with a permit, if it contains provisions on non-reliability, non-competing or special conditions, if you do not understand convio or if there are already disputes about payment. This depends on your case, and it is better to check before signing.

What can we help you with?

The NEXO team in Barcelona will help to review the contract and the related requirements for work permits. Consultation; service: Work in Spainthe order of steps on the operating bases is described in WorksheetA general overview of accommodation options is on the page Residence permit in Barcelona.

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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.