Spain HR Compliance Guide (2026)
A comprehensive guide for international companies hiring in Spain, covering the Workers' Statute, mandatory time tracking, and social security obligations.
Workers' Statute (Estatuto de los Trabajadores)
The Workers' Statute is the primary legal framework governing employment in Spain. It defines employee rights, contract types, and employer obligations.
Indefinite Contracts
Since the 2022 reform, indefinite contracts (Contrato Indefinido) are the default. Fixed-term contracts are strictly regulated.
Trial Periods
Usually 2 months for non-qualified workers and 6 months for qualified technicians, unless Collective Agreements state otherwise.
Fundae & Professional Training
Every company in Spain contributes a percentage of their payroll to the Social Security for professional training. This credit (Crédito de Formación) can be reclaimed to fund employee training through Fundae.
- Calculated based on the previous year's Social Security contributions.
- Covers up to 100% of training costs for SMEs.
Time Tracking (Control de Horario)
Since 2019, Spanish law mandates that all companies record the start and end times of every employee's workday.
Mandatory Records
Records must be kept for 4 years and be available to employees, unions, and labor inspectors.
Teleworking Law
Specific regulations apply to remote work (Teletrabajo) if it exceeds 30% of the working hours.