Labour & Social Security Law Services in Spain

For an organization, discovering new talents is a continuous process; the same goes with issues that may arise with employment. Although a business can get the maximum out of its employment relationship, labor law matters could become flaws to a company’s or the employee’s reputation if not properly handled.

Labour Law & Social Security in Spain

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    At SpainDesk, we understand that the Human workforce is an essential resource that can boost an organization’s productivity. As a result, we commit genuinely to our client’s employment needs by striving to exceed expectations while meeting the legislative requirement.

    Our firm’s main objective is to offer a comprehensive legal labor service that protects the rights and interests of our clients. Whether they are companies or workers, anyone can take advantage of our labor service and HR solutions.

    Our labor and social security service comprise of the following:

    • Labor advice to companies and their workers through the study, preparation, and legalization of all types of labor contracts.
    • Professional assistance before labor inspectors.
    • Representation and advice in conciliation hearings or comply with the procedural requirement.
    • Judicial and extrajudicial representation of the employer before the labor courts and offices in which ordinary labor, labor executive, and union jurisdiction’s practices are processed.
    • Advisory regarding hiring, outsourcing, groups, and liquidation of employees.
    • Review of employment and service contracts, protecting industrial property and business secrets, confidentiality, and exclusivity clauses.
    • Advice on collective bargaining, arbitration tribunals.
    • Legal advice and judicial and extrajudicial representation in health, pensions, professional risks, severance pay, compensation for dismissal without just cause, and workers’ vacations.

    What do we offer?

    At SpainDesk, our expert lawyers collaborate with our clients to address their employment concerns. Further, we give legal advice on company responsibilities regarding social benefits, liquidations, compensations, and unlawful demobilization.

    Here are some of the services that we offer:

    • Contractual advice for companies.
    • Advice on work disabilities.
    • Advice on occupational diseases.
    • Legal advice on candidate searching and selection processes.
    • Collective suspension of employment contracts.
    • Advice on salary benefits.
    • Advice on calls of attention or employee sanctions.
    • Advice on occupational diseases.
    • Advice on security studies for employees.

    Security when you need it

    Legal solutions for employers and employees

    Frequently asked questions about Spanish Labour Law & Social Security

    First, you need to get a N.I.E. at the Consular Office and register in the Correspondent Social Security System.

    You need to be older than 16 (If you’re working on your own, you need to be 18 or older), a state given employer authorization providing the contract, and a work visa.

    The minimum wage for non-professionals is €950 a month (as in May. 2020), calculated in a maximum of 9 hours a day, concluding in 40 total hours a week. Overtime or extraordinary hours go from 5 to 8 depending on the weekly workload.

    Yes. You need to be 18 or older, have no criminal record in Spain or any other country you’ve lived in the last 5 years, have a health insurance that it’s authorize to provide services in the country and have enough monetary income to provide for you and your family during you stay in Spain.

    Yes, you can. There are 3 ways in which a foreigner company can be brought to Spain:

    • Open a Representation Office: It doesn’t have legal personality and can’t perform economic activities. It’s mostly a first step made to investigate the market before deciding to move the company completely.
    • Open Branch Offices: They have autonomy and can perform economic activities but still don’t have legal personality. It’s a secondary establishment that develops the activities of the main company.
    • Open a Subsidiary: They do have legal personality. They are companies incorporated with foreign capital and are consider being Spanish companies. The process to create them is very similar as to create a new company.

    First, you need to obtain a certificate that proves that the main company works by the law in its country of origin. Then, deposit the social capital in the bank, establish the branch before a notary, obtain a NIF, pay the Tax fee for Asset Transactions and Documented Legal Acts and register the branch in the Commercial Register.

    It means “Código de Identificación Fiscal”. Although a lot of people still use it, this term stopped being valid in Spain in 2008 after the Real Decreto 1065/2007 defined NIF to be used for legal persons as well as physical persons

    It means “Número de Identificación Fiscal” it’s the official tributary form of identification in Spain provided by the Home Office. Up to 2008 it was only for physical persons but since the Real Decreto 1065/2007 it was defined for legal persons as well.

    The application is submitted at the Consular Offices.

    The Social Security in Spain is a body of regimes that the State uses to warranty all workers, (self-employed or not), cooperative worker members, students, public, civil and military workers, within the nation territory, and regardless of their sex, race, profession or civil status, the adequate protection in case of contingencies such as:

    • Primary and Hospital care, in case of maternity, sickness and accidents.
    • Professional recovery.
    • Economic retribution in case of death, temporary or permanent inability, unemployment and retirement
    • Rehabilitation and senior assistance.

    It’s the identification number of all citizens regarding his involvement with the Social Security System. Without it, a person can’t start working or access the health system.

    The first step to obtain you S.S.N is to have a legal status in the country. Then you need to fill out the TA Form and go present it at the nearest “Tesorería General de la Seguridad Social” (TGSS) or Social Security General Treasury Office with your passport and/or NIE. The process only takes about an hour.

    It’s mandatory that everyone who is going to start a work relationship or activity joins the S.S.S.

    The affiliation can be presented by:

    • The employer: Every time a new worker enters their company.
    • The employee: Self-employed workers that are starting their activity, and workers whose employer doesn’t comply with the obligation.
    • Ex officio by the Provincial Directorates of the Social Security General Treasury Office or Administration as a result of an action took by the Work and Social Security Inspection Office.

    Ready to get started? We are here to help you with legal, financial, and business services in Spain!