Which country's labour law protects you on a foreign contract?

Key rules

• Floor, not ceiling: A foreign law can give you more than Spain does, but never less than Spanish mandatory rules if you habitually work in Spain.
• Void terms: Contract terms worse for you than the Spanish minimum are void.
• Suing: If your employer is based in the EU, you can sue in Spain when you habitually work here.
• Court clauses: A clause choosing a foreign court binds you only if agreed after the dispute began or if it favours you.

The short answer

A foreign-law clause in your contract does not remove Spanish mandatory protections. If you habitually work in Spain, the contract's chosen law can add to those protections, but it cannot give you less. Any term that is worse for you than the Spanish minimum is void.

Which law governs the contract

You and your employer can choose the law that governs the contract. That choice has a limit: it cannot take away the protections you would have had anyway under the law that applies by default.

The default law is, in order:

1. The law of the country where, or from which, you habitually do the work. This stays true even if you are sent temporarily to another country.
2. If that cannot be worked out, the law of the place of the office that hired you.
3. The law of another country, if the contract is clearly more closely connected with it.

If you work in Spain day to day, Spanish law is normally your default. A court decides case by case whether your work is "habitually" in Spain.

What Spain protects whatever the contract says

These Spanish rules override a less favourable contract:

• The minimum wage (SMI), which the government sets each year.
• Working time: 40 hours a week on average, daily and weekly rest, and 12 hours of rest between shifts.
• At least 30 calendar days of paid annual leave, plus paid public holidays.
• Dismissal rules: a valid cause, written notice, and severance for unfair dismissal.
• Protection against discrimination, and maternity, paternity and family leave.
• Health and safety at work.
• The minimums in the collective agreement (convenio colectivo) for your sector. Which agreement applies depends on your employer's sector and location.
• Rules on remote work.
• Compulsory social security registration and contributions.

The warnings below the page text show the main traps in short form.

Where you can sue

Employer based in the EU. You can sue in the courts of the employer's home country, or in the courts of the place where you habitually work, for example Spain. Your employer can sue you only in the courts of the country where you live. A clause choosing a court is valid only if it was agreed after the dispute began, or if it favours you.

Employer outside the EU. If it has a branch, agency or establishment in an EU country, it is treated as based there for disputes arising from that operation. Otherwise Spanish national rules apply. Spanish labour courts (juzgados de lo social) can hear the case if the work was done in Spain or the contract was signed in Spain.

Courts outside the EU may apply different rules. If your employer is outside the EU and you want to sue, ask a Spanish labour lawyer or a union before you file.

What to do

• Read the governing-law and court clauses before you sign, and note them.
• Check that your pay, hours, leave and notice terms meet the Spanish minimums.
• Make sure you are registered with Spanish social security.
• If a term gives you less than Spain requires, you do not need to accept it. Ask for it to be corrected, or get advice.

Choosing between options

Which country's rules and courts apply to your foreign contract?

• Spanish mandatory rules plus the contract's chosen law: You habitually work in Spain. The chosen law can apply, but it cannot take away the Spanish minimums.

• Law of the country you are posted from: You work in Spain only temporarily while your usual workplace is elsewhere.

• Law of the office that hired you: It is impossible to say where you habitually work, so the hiring office's country decides.

• Law of a more closely connected country: The contract as a whole is clearly more closely tied to another country.

• Sue in Spain or in the employer's home courts: You are the employee and habitually work in Spain: an EU employer can be sued in either place, and a non-EU employer with an EU branch counts as based there.

Start with where you habitually do the work. If that is Spain, Spanish mandatory protections stay with you whatever law the contract names, and you can bring a claim in Spain.

What to watch out for

• A foreign-law clause does not cancel Spanish minimums: If you habitually work in Spain, terms that give you less than the Spanish mandatory rules are void, even if the contract names another country's law. Employers sometimes rely on the clause to offer less. Do not accept a lower deal because of the clause. Compare your contract with the Spanish minimums and ask for the term to be corrected in writing.

• Dismissal protection still applies: A dismissal needs a valid cause and written notice, and unfair dismissal brings severance. A foreign contract that allows firing at will does not remove this. Keep the dismissal letter and talk to a labour lawyer or union promptly if you are let go.

• Pay, hours and leave have a floor: The minimum wage, an average 40-hour week, 12 hours rest between shifts, at least 30 calendar days of paid annual leave and paid public holidays all apply to you. Check your pay and schedule against these limits and raise any gap with your employer's HR in writing.

• Social security registration is compulsory: Registration and contributions in Spain are required for work done here, and a contract cannot waive them. Ask your employer to confirm in writing that you are registered with Spanish social security.

Frequently asked questions

Can I sue a foreign employer in Spain?

Yes, if you habitually work in Spain you can sue an EU-based employer in Spain, or in the employer's home courts if you prefer. If the employer is outside the EU but has a branch or office in an EU country, it counts as based there for disputes from that branch's work.

Is a contract term that gives me less than Spanish rules still valid?

No, a term that gives you less than the Spanish minimums is void, so you can ignore it and rely on the Spanish rule. The foreign law can still apply where it gives you more than Spain does.