Can your foreign employer let you work from Spain?

Key rules

• Written approval: Your employer must approve in writing before your first working day in Spain; a verbal yes does not count.
• Who signs: Approval comes from HR, legal or payroll, not only your line manager.
• Employer exposure: Your employer must check its tax, social security and permanent establishment position before agreeing.
• Contract: Your contract and company policy decide where you may work, so check them first.

Do you need your employer's permission?

Yes, in practice. No Spanish law says an employee needs consent just to live in Spain. But your contract and company policy decide where you may work, and most contracts name a location. Working from Spain without agreement can breach your contract and lead to discipline.

An informal OK is not enough. Your employer must approve explicitly, look at its own exposure, and document the arrangement before your first working day in Spain.

What your employer has to check

Your employer carries risks you do not see. If it has no Spanish company, it generally has to:

• withhold IRPF on your salary and register with the AEAT as a non-resident withholder;
• pay social security contributions in Spain, unless an A1 certificate keeps you in another EU system;
• consider whether your presence creates a permanent establishment, which can bring corporate tax obligations.

Spanish labour rules, such as minimum wage, holidays, dismissal protection and working time, can also apply if you habitually work in Spain, whatever your contract says. Employers often say no, or ask for changes, because of these points.

If your contract is under Spanish law, remote work also needs a written agreement. If it is under foreign law, the governing law decides. Ask HR which applies.

What the approval must cover

Ask for written confirmation of:

• your dates and place of work;
• how payroll and tax withholding will work;
• your social security arrangement (A1 certificate or Spanish registration);
• the employer's position on permanent establishment risk;
• equipment and data security;
• whether your contract changes.

Who can give it

Authorisation normally sits with HR together with payroll, tax or legal. Your line manager's consent alone is not enough. A manager's casual yes is not enough: get an email, letter or signed contract addendum from an authorised HR, legal or payroll person that names the terms. A verbal yes is not reliable proof.

Next steps

The steps for asking, what to do while you wait, and what to do after a refusal are in the process below. The documents to collect and the start checklist are below as well. Do not commit to anything hard to undo until the written approval is in your hands.

Getting written approval from your employer

• Decide your planned dates and place of work in Spain, and read your contract and remote-work policy: before you start

• Ask in writing for: dates and place of work, payroll and tax withholding, social security (A1 certificate or Spanish affiliation), the company's position on permanent establishment (a taxable business presence in Spain), equipment and data security, and any contract change. Usable approval is an email or letter from an authorised HR, legal or payroll person, or a signed contract addendum, that names these terms: as soon as your dates are set

• Send the request to HR, together with payroll, tax or legal. A manager's casual yes is not enough: get an email, letter or signed contract addendum from an authorised HR, legal or payroll person that names the terms. A verbal yes is not reliable proof: at the start of the request

• Hold back these steps until written approval arrives: signing a long Spanish lease, giving up your home country residence, shipping belongings, quitting other income, starting work from Spain, and applying for a visa or residence status that depends on your employer. Research and short, refundable rentals are safe: until written approval arrives

• While the answer is unknown, take only reversible steps and ask HR for a decision date. If it is late, set your own deadline and use a short-term rental or a holiday-only stay. If approval is partial, such as a limited duration or no payroll solution, get the exact terms in writing and treat the gaps, especially social security and tax, as unresolved before you move: while you wait, or if approval is delayed or partial

• If your employer refuses, do not work from Spain under your current contract. Choose between staying put, negotiating an alternative such as unpaid leave, a Spanish entity, an employer of record or contractor status, or changing jobs: if the employer refuses

• If no decision arrives by your deadline, treat it as a no: keep your commitments reversible, and either go as a holiday-only visitor without working or move your dates until you have written terms: if your deadline passes without an answer

Documents you need

Documents to get before your first working day in Spain

• Written approval from your employer: an email or letter from an authorised HR, legal or payroll person, or a signed contract addendum. It must name your dates and place of work, the payroll and withholding arrangement, the social security arrangement, the employer's position on permanent establishment risk (a taxable business presence in Spain), equipment and data security, and whether your contract changes. A verbal yes is not enough.

• Your current employment contract and any remote-work policy. They set where you may work, so check them before you ask, and they show whether a written addendum is needed.

• A signed contract addendum, if your contract changes. If your contract is under Spanish law, a written remote-work agreement is required.

• An A1 certificate from your home social security system, if your employer keeps you in another EU system. Otherwise you need Spanish Social Security affiliation, which the employer must pay into.

• Written confirmation that your employer will withhold IRPF (Spanish income tax) and register with the AEAT, Spain's tax agency, as a non-resident withholder, if it has no Spanish entity.

Checklist for starting remote work in Spain

• Get written approval from your employer for working from Spain, with start and end dates.

• Agree with your employer how payroll, tax withholding and social security will work, and whether your contract needs an addendum.

• Secure your right to stay before you arrive: EU registration and NIE (Spanish foreigner number), or a visa or permit if you are not an EU national.

• Register your address at the town hall (empadronamiento) and get your NIE and, if you hold a non-EU permit, your TIE residence card within 30 days.

• Register with Social Security and get your number, with an A1 certificate or Spanish contributions as your case requires.

• Register as a tax resident with the AEAT (Spain's tax agency) and get a digital certificate to file online.

• File your annual income tax return (IRPF) in the April to June window.

• Arrange health cover and open a Spanish bank account.

• File Modelo 720, the declaration of foreign assets, if your assets abroad are above 50,000 euros.

• Agree equipment, data security, working hours and time zone overlap with your employer.

Quick answers about a foreign employer and Spain

Does Spanish law require my employer's permission for a month of work in Spain?

No, Spanish law does not require your employer's permission for a month of work in Spain. In practice you still need it, because your contract or remote-work policy usually fixes your place of work and working elsewhere without approval can be a breach.

Can my employer's IT policy stop me working from Spain?

Yes, your employer can lawfully ban work abroad or block access from certain countries, as long as the rules are reasonable and you were told about them in advance. Companies usually enforce this with VPN requirements and location checks on your connection. Breaking the rule can lead to blocked access or disciplinary action, and in serious cases dismissal.

Can I take a second job or freelance work while employed abroad and living in Spain?

It depends on your contract, but you may be able to take work that does not compete with your employer. A full-dedication clause only binds you if it is in writing and you receive express financial compensation for it. Working for a competitor can justify dismissal whatever your contract says.

Does an exclusivity clause still apply after I leave my job?

Only to a limited extent: a ban on competing after the contract ends lasts at most two years for technicians and six months for other workers. It is valid only if your employer has a real industrial or commercial interest and pays you fair compensation.