What to check before signing a Spanish employment contract

Terms used

• SEPE — SEPE is Spain's public employment service, where your employer registers your contract.
• Convenio colectivo — The convenio colectivo is the collective agreement for your sector, setting minimum pay, hours and holidays.
• Grupo profesional — The grupo profesional is the group of related skills and duties your job falls under, which affects your pay level.
• Finiquito — The finiquito is the settlement receipt you sign when a job ends, listing what you are paid.

Key rules

• Written terms: Your employer must give you the essential terms of the job in writing, even if the contract itself is not written.
• Pay floor: Your salary cannot be below the pay table of the collective agreement for your group.
• Waived rights: A clause that waives rights the law or agreement guarantees is void, even if you sign.
• Resignation letter: Never sign a blank or undated resignation letter.
• Registration: Your employer must register you with Social Security before you start work.

What the contract must tell you

Your employer must give you the essential terms of the job in writing. These are: who the parties are, your start date and place of work, your professional group and duties, your salary and how often it is paid, your hours, overtime and rest rules, holidays, notice periods, the end date if the job is temporary, any training offered, and the collective agreement that applies.

If your contract is not in writing, or leaves these out, your employer must still give you the information. The deadline is usually 10 days from the start of work. In some cases it is 1 month. It is never later than 2 months from the start.

Registration with Social Security and SEPE

Your employer registers you with Social Security (the "alta") before you start work, and can do it up to 60 days in advance. Your contract is also registered with SEPE, the public employment service. This is done by your employer, not by you. Ask for proof of your registration in your first weeks.

If your employer never registers you, you are still protected for accidents and health care. But you may have to go through the labour inspectorate or the courts to have the period count towards your contributions.

Professional group and pay

Your professional group (grupo profesional) sets what work you can be asked to do. It can cover several tasks within the group. The collective agreement (convenio colectivo) for your sector sets pay tables for each group or category. Your contract cannot pay less than those tables.

Check three things:

• The group or category in the contract matches the work you will really do.
• The salary is at least what the agreement's table gives for that group.
• You know whether the salary is split into 12 or 14 payments.

Your employer can give you other tasks within your group without any formal process. Moving you to a different group is only allowed for technical or organisational reasons, and only for as long as needed. If you do the work of a higher group, you are paid at that higher level. If you work in a higher group for more than 6 months in a year, or 8 months in two years, you can claim promotion.

Trial period

If the contract has a trial period, it must be written in the contract. Ask how long it lasts and check it against the collective agreement. The limit depends on the agreement and your type of job. If the contract says nothing about it, do not assume one applies.

Clauses to question

You cannot give up rights that the law or the collective agreement guarantees. If a clause tries to take one away, that clause is void even if you signed it. Terms better than the law or the agreement are allowed.

Ask about, or push back on, any clause that:

• waives your rights, such as holidays, notice or pay;
• binds you to a minimum stay;
• stops you working elsewhere after the job ends.

Never sign a blank or undated resignation letter. An employer cannot validly use one to end your job. If it is used, the end of your job counts as an unfair or null dismissal, not a resignation. Keep any evidence, and file your claim within 20 working days from the end of the job, after a conciliation request.

A settlement receipt (finiquito) does not waive money you were not actually paid.

Language

A contract in English is valid if both sides understand it. Many employers use a bilingual one that says which version prevails, usually the Spanish one. Labour authorities and courts need Spanish, and foreign documents need a sworn translation. The checklist, documents list and questions below cover the practical steps.

Timeline and deadlines

• If you work in a higher professional group than your own, you can claim promotion: after 6 months in a year, or 8 months in two years

Documents you need

• Written employment contract from your employer. It must name the parties, start date, place of work, professional group and duties, pay, hours, holidays and notice periods.

• If the contract is missing any of those essential conditions or is not in writing, a written statement from your employer with them.

• The collective agreement (convenio colectivo) that applies to your job, with its pay tables for your professional group, to check your salary against.

• A Spanish version of the contract if you sign one in English or another language, or a bilingual contract that says which version prevails.

• A sworn translation (traductor jurado) of any foreign-language document you need to present to the labour authorities or a court.

Checklist before you sign a Spanish employment contract

Before you sign

• Confirm the employer's name and tax details on the contract match the company that made you the offer.

• Check the contract type: an indefinido (permanent) contract is the default, so ask for the reason in writing if it is temporary.

• Find the collective agreement (convenio colectivo) that applies to the job and check that your professional category (grupo profesional) matches the work you will do.

• Compare the salary with the agreement's pay tables and the national minimum wage, and check whether it is paid in 12 or 14 instalments.

• Check the hours, holidays and notice period against the agreement.

• Check whether the contract includes a trial period, and ask how long it lasts.

• Look for clauses that waive your rights, bind you to a minimum stay or stop you working elsewhere after the job, and ask for them to be removed or explained.

• Ask for the contract in writing, in a language you understand, and never sign blank pages.

• Keep a signed copy of the contract after you sign.

Check the contract type, pay tables and clauses against your collective agreement, or ask the Labour Inspectorate if anything is unclear.

What to watch out for

• Clauses that waive your rights: You cannot give up rights set by law or by your collective agreement by signing. A clause that tries to is void, but it can still confuse you or be used to pressure you. Better terms than the law or agreement are allowed. Compare each clause with the agreement and the law before signing, and ask your employer to remove any clause that takes a right away.

• Blank or undated resignation letter: Your employer cannot validly make you sign a blank, undated resignation letter. If it is used to end your job, it counts as an unfair or void dismissal, not a resignation. Do not sign it. If you already did, keep messages, witnesses and a copy, then request conciliation and file your claim within 20 working days of the end of the job. You can also report it to the Labour Inspectorate.

• No registration with Social Security: If your employer does not register you before you start work, you risk gaps in your contribution record. The employer faces fines and owes contributions, and you are still covered for accidents and health care. Ask for proof of your registration in your first days. If it is missing, go to the Labour Inspectorate or the labour court so the period counts as contributed.

Frequently asked questions

Can I sign my employment contract in English?

Yes, a contract in English is valid for private-sector work if you and the employer both understand it. Ask for a bilingual version with a clause saying which one prevails, usually the Spanish one. Registration with the public employment service (SEPE) and any labour court case are in Spanish.

Will I need a sworn translation of my documents?

Yes, labour authorities and courts require a sworn translation (traductor jurado) of foreign-language documents. A contract written only in English would need one if you take a dispute there. A bilingual contract avoids that step.

Does signing a settlement receipt (finiquito) mean I give up my rights?

No, a finiquito does not waive amounts you were never actually paid. A settlement on disputed amounts can bind you if you signed freely and knew what you were agreeing to. Read the amounts line by line before you sign.

Can my employer give me different tasks than the ones in my contract?

Yes, your employer can assign other tasks within your professional group without any formal procedure. Moving you to a different group is allowed only for technical or organisational reasons and for the time needed, and you get the pay of the higher role. Your professional group is what sets your duties and your minimum pay.