When recruiting and hiring in a new country, it’s important to research employment laws as well as cultural nuances. Spain’s laws have strict regulations concerning salary ranges, working hours, and paid time off. Taking the time to understand and comply with these regulations will not only streamline market entry, but it will also contribute to a positive hiring experience in Spain.
Recruiting in Spain
If you’re unfamiliar with this country, the first step is to research the best local recruitment channels. The best recruiting tactic in Spain is to use your company’s social media accounts to advertise positions. You can also use popular websites, such as InfoJobs, Infoempleo, Barcelona Activa, and Laboris. More people are using specialized social networks such as LinkedIn and Viadeo as well.
Other options include working with the Chamber of Commerce and hiring a consulting firm or agency. If you choose a consulting firm, you’ll need to ensure that the agency understands the country’s laws and regulations, or you could be held liable for any mistakes.
Expanding your business in Spain also requires an understanding of the country’s recruiting and hiring laws. One important regulation relates to criminal records. This information is confidential, and public disclosure is prohibited, as it could violate data protection regulations. Certain state agencies, judges, courts, and judicial police can access the Central Registry of Convicts. Employers, however, cannot obtain criminal information unless the candidate voluntarily provides it.
Laws against discrimination in Spain
Companies mustn’t discriminate against employees for any reason during the recruiting process or after. This includes asking candidates to submit personal data not directly related to the job requirements. During the interview stage, employers can ask any necessary questions as long as they are reasonable, objective, and related to the role.
How to hire employees in Spain
Hiring employees in Spain must start with an employment contract. Going over the terms of a contract with an employee is just as important as the initial salary negotiations.
Spain’s labor law requires employers to draft a strong employment contract before the employee’s start date. The agreement should specify any salary or benefits in euros rather than another currency. It should also include:
- Start date
- Type of contract (indefinite or fixed-term)
- The employee’s category or professional group
- Job description
- Compensation
- Working hours
- Any applicable CBAs
- Benefits
- Termination requirements
- Probationary periods
In Spain, the use of fixed-term contracts is limited to circumstances related to changes in production and worker substitution.
Spain employment laws
Spain’s legal workweek is 40 hours. Although Spain’s Workers Statute maintains a 40-hour legal workweek, employers are allowed to distribute the total hours irregularly throughout the year if that arrangement is part of a CBA. CBAs may provide for different maximum working hours as well.
Both national law and CBAs regulate overtime hours. Paid overtime cannot exceed 80 hours per year, and companies can either pay employees monetarily or in the form of time off within 4 months of the date on which they worked the overtime.
Onboarding in Spain
The onboarding process depends on your company and your goals for the position. It’s best practice to go over the employment contract with the employee during their first day or week.
Other helpful onboarding tips include:
- Introduce new hires to key team members and important workflows.
- Develop a buddy program or mentor system.
- Onboard multiple employees at the same time to streamline the process.
- Go over the company’s code of conduct and other relevant documents.
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