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Optimizing Workforce Operations: Streamlined Employee Management in Spain

Transform your approach to employee onboarding, payment, and management in Spain effortlessly. Traditionally, establishing a local presence required a physical office, registered address, and a local bank account—an intricate process entangled with navigating the nuances of regional benefits, payroll intricacies, tax regulations, and HR laws, often extending over months.

Embrace a new era of efficiency. Expedite and simplify your hiring process in Spain with a solution crafted for speed, simplicity, and compliance. Witness a paradigm shift as we automate tax document collection, streamline payroll procedures, manage benefits administration, and more. For your existing workforce, entrust us with the comprehensive management of your payroll operations. Redefine your employee management journey without compromising on speed or precision.


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Navigating the Hiring Journey at Jackson and Frank: A Comprehensive Guide for Spain

Delve into the sections below to uncover detailed insights into the employee hiring process at Jackson and Frank in Spain.

Leave Policy
Statutory time off
Additional Info
Maternity Leave

Spain’s standard maternity leave is known as Permiso de Maternidad, and it entitles mothers to 16 weeks off work. This increases to 18 weeks for twins and 20 weeks for triplets. If a child is born with a disability, the employee is granted an additional two weeks of leave to make additional arrangements for childcare.

Maternity leave can also be extended in certain circumstances, such as complications during pregnancy or childbirth. For example, if a child is born prematurely or needs to remain hospitalized for more than seven days after birth, maternity leave can be extended for up to a maximum of 13 weeks.

Paternity Leave

The partner of an employee who has recently become a parent is entitled to paternity leave in Spain. Paternity leave is typically equivalent to their weekly working hours, with a standard of 5 working days in the case of full-time employment. This paid leave should be utilized within the initial weeks following childbirth.

In addition to paternity leave, the employee has the right to take "short absence leave" for the actual birth itself.

Spain also provides an extended paternity leave period called "additional paternity leave." During the first six months post-birth, there is an extra leave period of a certain duration (exact duration may vary) for full-time employees. This particular leave is often unpaid by the employer, but the employee opting for this additional leave may qualify for state benefits. These benefits typically comprise a percentage of their last earned salary, provided by the Spanish Social Security system.

Parental Leave

In Spain, parental leave encompasses both maternity and paternity leave, offering a comprehensive framework to support new parents. Mothers typically enjoy maternity leave for around 16 weeks, with potential extensions for multiple births or childbirth complications. During this period, mothers receive a percentage of their salary, facilitated by social security. Fathers, on the other hand, are entitled to approximately 12 weeks of paternity leave, during which they receive compensation.

Importantly, Spain promotes shared parental leave, allowing both parents to actively participate in caregiving responsibilities. Shared parental leave can be taken consecutively or concurrently, providing flexibility to accommodate the unique needs and preferences of each family. These measures reflect Spain's commitment to fostering a supportive environment for new parents, encouraging active involvement and shared responsibilities within the family unit.

Sick Leave

In Spain, sick leave allows employees to take time off work due to illness or injury. During the initial three days of sick leave, employers typically provide full pay. If the illness persists, social security may offer compensation, covering a percentage of the employee's salary. To qualify, employees must present a medical certificate from a healthcare professional.

Employers are responsible for managing sick leave cases and may need to submit relevant documentation to social security authorities. The duration and benefits of sick leave can vary, and employees' contributions to the social security system may impact the availability of benefits. It's advisable to consult official sources or legal professionals for the latest and most accurate information on sick leave policies in Spain.

Termination Requirements

Termination requirements in Spain involve adherence to specific regulations and procedures. The off-boarding process is typically managed by the employer with involvement from key stakeholders, encompassing potential ad-hoc fees and necessary steps tailored to each termination scenario.

Termination requirements in Spain involve adherence to specific regulations and procedures. The off-boarding process is typically managed by the employer with involvement from key stakeholders, encompassing potential ad-hoc fees and necessary steps tailored to each termination scenario. In Spain, an employer can terminate an employment agreement based on valid reasons and the absence of suitable redeployment options within the company for the employee. The Spanish legislation outlines several acceptable reasons for termination:

  • Economic circumstances leading to redundancy.
  • Long-term disability, typically exceeding two years.
  • Frequent absence due to illness or disability causing unacceptable consequences for business operations.
  • Underperformance
  • Misconduct
  • Refusal to fulfill contractual duties due to conscientious or religious objection.
  • Disturbed relationship

Terminating employees in Spain may involve complexities. Generally, unilateral termination without the permission of relevant authorities, such as the Spanish labor courts or government agencies, is not allowed. Seeking mutual consent for termination is often preferred to avoid legal complexities and obtain a smoother transition.

Notice Period

In Spain, notice periods play a crucial role, especially when termination occurs by mutual consent to obtain the employee's agreement. The notice period duration varies based on the employee's tenure with the company and always commences at the end of the month. The notice periods in Spain are typically structured as follows:

Notice periods should be applied as follows:
  • Less than 6 months of service: 15 days' notice
  • 6 months to 2 years of service: 1 month's notice
  • 2 to 3 years of service: 2 months' notice
  • 3 to 4 years of service: 3 months' notice
  • 4 to 5 years of service: 4 months' notice
  • 5 to 6 years of service: 5 months' notice
  • 6 to 7 years of service: 6 months' notice
  • 7 to 8 years of service: 7 months' notice
  • 8 to 9 years of service: 8 months' notice
  • 9 to 10 years of service: 9 months' notice
  • 10 years or more of service: 1 year's notice

This structure outlines the notice periods applicable in Spain based on the employee's length of service with the company.

Severance for Employees

In Spain, when termination occurs by mutual consent, severance payments are often negotiated to obtain the employee's agreement. The amounts for severance in mutual agreements can vary but are generally equivalent to 2-6 months of salary or more, depending on the circumstances. In the case of termination by the court or relevant labor authorities, statutory severance must be paid. This typically amounts to 20 days of salary per year of service up to a maximum of 12 months' salary.

To mitigate unforeseen financial risks associated with terminations, Jackson and Frank applies a Severance Accrual to all employment agreements in Spain. This accrual is designed to align with prevailing legal and statutory entitlements, as well as local best practices. In the event that an employee resigns or is not entitled to severance, any unused amounts from the Severance Accrual will be returned to the employer. This approach ensures financial protection and adherence to local regulations in Spain.

Paid Time Off

In Spain, the legal minimum number of vacation days for an employee is typically calculated based on the number of days worked per week. As a general guideline, employees are entitled to a minimum of 30 calendar days of paid leave per year. This can be prorated for part-time employees based on the number of days worked per week.

For a full-time employee working five days a week, this would usually translate to 30 days of paid vacation leave. It's common for employers in Spain to provide employees with additional days beyond the legal minimum, and 30 days is often considered a standard practice.

Public Holidays

The common national public holidays in Spain

National public holidays include:
  • New Year's Day (Año Nuevo)
  • Epiphany (Día de Reyes)
  • Good Friday (Viernes Santo)
  • Labour Day (Fiesta del Trabajo)
  • Assumption of Mary (Asunción de la Virgen)
  • National Day (Fiesta Nacional de España)
  • All Saints' Day (Todos los Santos)
  • Constitution Day (Día de la Constitución)
  • Immaculate Conception (Inmaculada Concepción)
  • Christmas Day (Navidad)

The onboarding process typically takes 2 business days after the client signs the Statement of Work (SOW) in Spain.

Salary Requirements

In Spain, the 8% holiday allowance is traditionally calculated separately from the annual salary. It is not typically included in the stated annual salary. Instead, the holiday allowance is commonly paid out during specific periods, and it is not invoiced monthly as an employer cost.

When calculating the employee’s annual salary, it's important to factor in both the base salary and the 8% holiday allowance.

The 8% holiday allowance is invoiced monthly as an employer cost, separately from the salary. This ensures clarity in accounting and compliance with local employment practices in Spain.

Employment Contract Details

In Spain, an English-only version of the employment agreement is generally permitted and common practice. However, it's important to note that the language used in employment contracts is subject to negotiation between the parties involved.

A standard employment contract in Spain should include the following details:
  • Name
  • Start date
  • Length of the employment
  • Job description
  • Termination conditions

In Spain, fixed-term contracts are commonly used to assess the suitability of the employment relationship before transitioning to a permanent contract. It's important to note that Spanish labor law has specific regulations regarding the use of fixed-term contracts, including limitations on the total duration and the number of renewals.

Probation Period

In Spain, probationary periods are a common practice, and the duration is typically agreed upon between the employer and the employee. However, it's important to note that Spanish labor law doesn't have specific regulations regarding standard or maximum durations for probationary periods.

The length of the probationary period in Spain is generally determined through negotiation between the parties involved. It's common for probationary periods to range from 1 to 6 months, although the duration can vary depending on the nature of the position and the agreement reached between the employer and the employee.

Facilitate Your Team's Spanish Work Visa with Jackson and Frank.

Enable remote work from Spain effortlessly with Jackson and Frank, overseeing the entire visa process internally. Our dedicated team is here to assist you in obtaining a working visa for Spain, ensuring a seamless experience for your remote work arrangements.

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