Employment contracts in Spain: what to check before signing

What contract you are being offered

The first question: for how long and for how many hours the contract is concluded. Everything else depends on this: protection against dismissal, the probation period, payments when the contract ends.

If the contract is fixed-term, look for the reason and the circumstances in the text: without a precise description of the reason and its link to the term, the fixed term is not considered justified [1]. Workers hired in breach of the rules become permanent [1]. In addition, workers who have worked more than 18 months within 24 months under two or more contracts for production reasons become permanent [1].

What must be in the contract and in the written information

A contract can also be made orally. An employment relationship is presumed where a person works for someone else, within their organisation and under their direction, for pay [1]. But if the work lasts more than four weeks, the employer must inform you in writing of the essential elements of the contract and the main conditions, if they are not in the contract itself [1]. The exact list is set by a secondary regulation that we have not analysed here.

In practice, look for the following in the text or an annex:

• the parties, the start date, the place of work;
• the job title and professional group under the convenio: base salary and supplements depend on it;
• the type of contract and its term, plus the reason for a fixed-term one;
• pay: base salary, supplements, number of payments a year, gross or net;
• working time: weekly hours, how they are distributed, overtime;
• holidays, the probation period, the notice period for dismissal;
• the name of the applicable convenio colectivo.

Convenio colectivo: why you cannot read the contract without it

A convenio colectivo is a collective agreement between employers and workers in a sector or a company. It binds everyone within its scope for its entire term [1]. That is why a contract often leaves out the base salary, night supplements and holiday days above the minimum: they are set in the convenio.

A company-level convenio takes priority over the sector one on certain matters: pay for overtime and shift work, working hours and holiday planning, adapting worker classification, and measures for balancing family and work [1]. On other matters, the general rule of article 84 applies: while an agreement is in force, an agreement at another level does not override it, unless the parties have agreed otherwise [1]. Which agreement applies to your job is determined by the type of activity: the Ministry of Labour runs the Mapa de la Negociación Colectiva, which shows the likely convenio by the company’s CNAE code, and the REGCON register lets you search for it by text [4].

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

Pay: what to look for in the contract

Under the law, salary is all payment in money and in kind for work. Its structure is set by the convenio or, if there is none, by the contract: it includes the base salary and supplements for personal circumstances, for the work performed and for the company’s results [1]. Payment in kind may not exceed 30% of the salary and may not reduce the cash part below the minimum wage [1].

The minimum wage (SMI) for 2026: €1,221 a month over 14 payments, €17,094 a year [5]. This is the floor, not a recommended amount. Workers are entitled to two extra payments a year (pagas extraordinarias): one at Christmas and the other in the month set by the convenio; the convenio may allow them to be spread over twelve months [1]. For example, a notional €30,000 a year can be described as “2,500 a month” or “2,143 a month, 14 payments”. Ask whether the figure is gross or net and how many payments there are a year.

The employer must provide a payslip (recibo de salarios) in the official format or the one set by the convenio, with separate lines for payments and deductions [1]. How to calculate gross and net: salary in Spain: gross, net and 14 payments.

Probation period

The probation period (periodo de prueba) must be agreed in writing. Without a convenio, it may not exceed six months for qualified technical staff with a degree and two months for everyone else. In companies with fewer than 25 workers, the cap for non-technical staff is three months. For fixed-term contracts of up to six months: one month, unless the convenio says otherwise [1].

A probation period is void if the person has already performed the same duties at the company under any contract [1]. During this period either party may end the relationship, but all other rights and obligations are the same as for permanent staff [1]. For pregnant workers, dismissal by the employer during probation is void, except for reasons unrelated to the pregnancy [1].

Working hours, overtime and holidays

The standard limit: no more than 40 hours a week on average over the year [1]. There must be at least 12 hours between shifts, and usually no more than 9 hours a day, unless the convenio provides otherwise. A working day of more than six hours entitles you to a break of at least 15 minutes [1].

Overtime is work beyond the set hours: it is paid at no less than the ordinary hourly rate or compensated with time off. If the parties have not agreed, it is compensated with time off within four months. There may be no more than 80 hours a year [1].

Holidays are paid, at least 30 calendar days, and cannot be replaced with money. The worker must learn the dates at least two months before they start [1].

What a foreigner should know

A contract does not by itself give you the right to work. For foreigners, the Estatuto refers to the special legislation on foreigners [1]. If you need a work permit, the regulation requires the employer to submit a signed contract whose start date is linked to the permit taking effect and whose conditions comply with the law and the convenio for the same job, category and location [2]. For part-time work, total pay must be no less than the full annual SMI [2]. More on the employer’s role: residence permit with an employment contract in Spain. Where to look for vacancies and how to avoid middlemen is covered in the article work in Barcelona for Russian speakers.

The employer files the alta with the Seguridad Social before work starts, but no earlier than 60 days before the first working day [3]. For the social security number and registration, see the articles NUSS and alta and RETA.

For seasonal work and collective hiring abroad, the regulation requires the worker to receive a copy of the contract translated into a language they understand before signing [2]. We have not found such a rule for an ordinary work authorisation. If you do not read Spanish, ask for a translation and check it before signing.

Special cases: a student with a higher education permit may work no more than 30 hours a week: can you work on a student permit; on a DNV (digital nomad), you may only work for a foreign company, not for a Spanish employer: can you work for a Spanish company on a DNV.

How the contract ends

A worker may resign provided they give the notice set by the convenio or local custom [1]. An employer may end the contract for objective reasons: this requires written notice stating the reason, compensation of 20 days per year worked (up to 12 months) and 15 days’ notice [1]. If a court finds the dismissal unfair, the employer chooses between reinstatement and compensation of 33 days per year, up to 24 months [1]. A dismissal that violates fundamental rights or involves discrimination is void [1]. Dismissal and resignation should follow the rules: deadlines and forms are set by articles 49-56 and your convenio.

Common mistakes before signing

• Signing without finding out the name of the convenio and your category in it.
• Accepting an oral promise of a bonus or premium instead of a written condition.
• Not asking whether the figure is gross or net and how many payments there are a year.
• Accepting a “service contract” instead of an employment contract where you work to a schedule and under the employer’s direction: in such cases the law presumes an employment relationship [1].
• Agreeing to a fixed-term contract with no stated reason: the fixed term must be justified [1].
• Agreeing to a probation period longer than allowed, or to a second probation period for the same duties [1].
• Starting work before the alta in the Seguridad Social and before the permit takes effect [2][3].

When you need an individual review

A review is needed if you are offered a service contract instead of an employment contract, if a foreigner with a permit is offered a fixed-term contract, if it contains clauses on penalties, non-compete or special conditions, if you do not understand the convenio, or if there have already been disputes over pay. It depends on your case, and it is best checked before signing.

How we can help

The ReloVictory team in Barcelona will go through the contract and the related work permit requirements. Employment law and the legal side are handled by the team’s lawyer, the administrative side by a graduada social. Book: consultation; service: work in Spain; the steps for work-based permits are in the work route card, and an overview of residence options is on the residence permit in Barcelona page.

Frequently asked questions

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.