Frequently asked questions about Spanish Labour Law & Social Security
What should I do if I want work in Spain?
First, you need to get a N.I.E. at the Consular Office and register in the Correspondent Social Security System.
What do I need to work in Spain?
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.
What is the minimum wage in Spain?
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.
Can I, as a foreigner, start my own company in Spain?
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.
Can I bring my company to 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.
What do I need to open a Branch Office of my foreign company in Spain?
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.
What is the CIF?
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
What is the NIF and how do I get one?
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.
What is the Social Security System in Spain?
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.
What is the Social Security number and how do I get one?
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.
Who should join the Social Security System?
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.