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:

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:

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

Onboarding

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

Salary Requirements

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.

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.