Civil servant or contracted public employee (personal laboral), and what each needs

Terms used

• Funcionario — A funcionario is a civil servant whose relationship with the administration is set by civil service law, not by an employment contract.
• Personal laboral — Personal laboral are public employees hired under an ordinary employment contract governed by labour law and collective agreements.
• Oposición — The oposición is a selection process based only on exams.
• Concurso-oposición — The concurso-oposición is a selection process that combines exams with a scoring of your merits.

Key rules

• Funcionario nationality: Funcionario posts require Spanish nationality in general, with exceptions for EU nationals and certain family members, but never for posts involving public authority.
• Personal laboral: Personal laboral is the more open route for non-nationals, but it cannot include public authority functions.
• Non-EU applicants: You need legal residence and a work authorisation that allows employment.
• The call: The bases of each call set the exact requirements, including any Spanish language test.

The short answer

If you are not a Spanish national, personal laboral is usually the more realistic way into public employment. Funcionario posts are mostly tied to Spanish nationality. Personal laboral posts are open to more people, but not to everyone and not for every job.

How the two categories differ

Funcionario. You have a statutory relationship with the administration. It is governed by civil service law, not by a normal employment contract. Funcionarios can exercise public authority.

Personal laboral. You have an ordinary employment contract. It is governed by labour law, the public employee code and the collective agreement for that body. Personal laboral staff cannot exercise public authority.

Both categories are chosen through open, merit-based selection. There are three types:

• Oposición: exams only.
• Concurso-oposición: exams plus a scoring of your merits.
• Concurso: merits only. This is used only exceptionally.

Nationality: who can apply

For funcionario posts, the general rule is Spanish nationality. There are exceptions for EU nationals and certain family members. The exceptions never cover posts involving public authority. The full nationality rule is set out elsewhere in this guide.

Some posts are reserved to Spanish nationals whatever the category. These are posts that involve direct or indirect use of public powers, or safeguarding the general interests of the State and public bodies. Examples are the police and security forces, armed forces, tax inspection, judges, prosecutors, court clerks, the diplomatic service, prison staff and posts with authority powers. Each administration's laws define its own list, so check the call for the post you want.

What a non-EU foreigner needs for a personal laboral post

You must:

• be legally resident in Spain;
• hold a work authorisation that allows employment;
• be 16 or over and below retirement age;
• have the capacity for the job, with no disqualification and no dismissal for disciplinary reasons;
• hold the required qualification, officially recognised in Spain (homologated) if it is foreign.

The exams may test your Spanish. The call for each post (the "bases") sets the exact requirements, so read them before you apply.

Which to aim for

Aim for personal laboral if you are not a Spanish national and the job is not an authority post. Aim for funcionario only if you hold Spanish nationality or fall within the EU exceptions, and the post is not one involving public authority. The decision box and the FAQ below help you compare the two.

Choosing between options

Should you aim for a funcionario post or a personal laboral post?

• Funcionario (civil servant): Your relationship with the administration is statutory, under civil service law. Funcionario posts require Spanish nationality in general, with exceptions for EU nationals and certain family members, but never for posts involving public authority. This fits you if you are Spanish, or an EU national or family member who qualifies.

• Personal laboral (contracted employee): You work under an employment contract governed by labour law and collective agreements. It is the more open route for non-nationals: you need legal residence, a work authorisation, the required title (homologated if foreign) and to meet the general requirements. It cannot include public authority functions.

If the post involves public authority, only Spanish nationals can hold it. If it does not and you are a non-EU foreigner with legal residence and work authorisation, look for personal laboral posts. Both are filled by open, merit-based selection.

Frequently asked questions

Can a non-EU foreigner work as personal laboral in a public body?

Yes, a non-EU foreigner can take a personal laboral post if you are legally resident and hold a work authorisation that allows employment. You must also meet the general requirements: age 16 or over and below retirement age, capacity, no disqualification and no disciplinary dismissal.

Do I need to speak Spanish for the selection exams?

Spanish language knowledge may be tested in the exams, so prepare for it. The call for applications sets the exact requirements, including the title you need, which must be homologated (officially recognised) if it is foreign.

How are laboral posts filled compared with funcionario posts?

Both are filled through open, merit-based procedures. These are oposición (exams), concurso-oposición (exams plus merits) or, exceptionally, concurso (merits only).