Finding the collective agreement (convenio colectivo) that sets your pay and terms

Terms used

• Convenio colectivo — The convenio colectivo is a collective agreement between employers and unions setting pay and working conditions for a sector or company.
• Convenio de empresa — The convenio de empresa is a collective agreement that covers a single company.
• BOE — The BOE is Spain's national official bulletin, where laws and collective agreements are published.
• REGCON — REGCON is the state register of collective agreements, run by the Ministry of Labour.
• Pagas extras — The pagas extras are extra salary payments, usually two a year, on top of monthly pay.
• Jornada — The jornada is your working time, such as annual hours and daily schedule.

Key rules

• Where to look first: Your contract and payslip should name your convenio; if they don't, ask your employer or the labour authority.
• Sector, not task: The agreement usually follows your employer's main activity and territory, not your own job.
• Company agreements: A company agreement cannot override the sector agreement on base salary.
• Contract vs convenio: Your contract can improve on the convenio but never go below it.
• Conflicts: If rules clash, the one more favourable to you applies, judged topic by topic.

Which agreement applies to you

Your pay and conditions are usually set by a convenio colectivo, a collective agreement negotiated between employers and unions. It normally covers the employer's main activity and the territory, not your own task. A cleaner in a hotel is generally covered by the hotel sector agreement, not a cleaning one.

Start with your employment contract and your latest payslip. Both normally name the agreement, as the law requires. If neither does, ask your employer or HR. If you still get no clear answer, ask the labour authority in your region. Where it is truly unclear, the labour authority or the courts decide.

Company agreement or sector agreement

If your company has its own agreement (convenio de empresa), it applies to you. Otherwise a provincial, regional or national sector agreement applies. Since the 2021 labour reform, a company agreement no longer overrides the sector agreement on base salary. It can still differ on other points, so check which one you are under.

Where to find and read it

Agreements are published in the BOE, the national official bulletin, or in the provincial or regional bulletin, depending on their scope. They are also listed in REGCON, the state register run by the Ministry of Labour, which you reach through the ministry's website. Search by name, sector, province or code. Regional labour departments keep their own registers too. Download the full text from the official bulletin, not a summary.

Read it in this order:

1. Scope (ámbito) and duration: does it cover your territory, and is it still in force?
2. Professional groups and categories: find where your job fits.
3. Salary tables for your category, including extra payments (pagas extras) and pluses.
4. Annual working hours (jornada) and schedule.
5. Vacation and leave.
6. Probation period.
7. Notice and overtime rules.
8. Sick-pay top-ups and other benefits.

How it ranks against the law and your contract

From the top down: the Constitution and the law, then the collective agreement, then your individual contract, then local custom. A lower level cannot go below the minimum set by a higher one, but it can improve on it. Your contract can give you more than the convenio, never less.

When two rules conflict, the one more favourable to you applies. It is judged as a whole, topic by topic, not by picking the best line from each. Your contract also cannot waive rights the law makes mandatory, even if you sign it.

The checklist, documents list and FAQ below walk you through the steps.

Documents you need

• Your employment contract, which normally names the collective agreement that applies to your job.

• A recent payslip from your employer, which also names the agreement used to set your pay.

• The full text of the agreement itself, taken from the official bulletin where it was published.

Checklist

• Look in your contract and payslip for the name of the convenio.

• Ask your employer or HR which agreement applies if neither document names one, and contact the labour authority if it stays unclear.

• Check whether your company has its own agreement, or whether a provincial, regional or national sector agreement covers your employer's main activity.

• Read the scope and duration to confirm the agreement covers your territory and is still in force.

• Read the annual working hours, schedule, vacation and leave rules.

• Read the notice and overtime rules, then the sick-pay top-ups and other benefits.

Frequently asked questions

Does my company agreement override the sector agreement on salary?

No, a company agreement (convenio de empresa) no longer takes priority over the sector agreement on base salary. This changed with the 2021 labour reform. If your company has its own agreement, it still applies, but the sector agreement sets the base pay floor.

What if my contract gives me less than the convenio says?

The convenio minimum wins, because a contract can improve on an agreement but cannot go below it.

Which parts of the convenio should I read first?

Start with the scope and duration, then the professional groups and categories to see where your job fits. After that, read the salary tables with extra payments and pluses, then working hours, vacation and probation.