Employee benefits in Spain include a variety of mandatory entitlements which are prescribed by law. These basic rights may be modified in favor of the employee through employment contracts or collective bargaining agreements. Some of the minimum employee benefits are discussed below.
Who is entitled to benefits in Spain?
Generally, Spanish employment regulations stipulate that permanent and temporary employees are entitled to the same benefits, according to the Estatuto de Los Trabajadores. Self-employed workers and contractors are not entitled to benefits in Spain.
Holidays in Spain
Employees in Spain are entitled to a minimum of 30 days per year paid holiday which amounts to 22 working days per year. Employees may divide these up throughout the year or take them all at once as long as one period is at least two weeks long.
Paid holiday entitlements may be carried forward and recent case law also states that employees who are unable to take their paid holiday entitlement either in full or in part during the relevant year due to sick leave can still use their holiday entitlement after their sick leave has ended. They will have a maximum of 18 months to do so from the end of the year when their entitlement accrued.
During paid time off, employees are entitled to their normal salary and any benefits that would accrue to them if they were working, including health and life insurance, company vehicles, etc.
In addition to paid holiday entitlement, under Spanish employment regulations employees are granted paid time off for local, regional, and national public holidays. Spain has 14 bank holidays each year, which are made up of 10 national holidays, two regional holidays, and two local municipal holidays.
Maternity Leave in Spain
Pregnant employees are guaranteed 16 weeks of maternity leave that begins immediately upon delivery. Maternity leave increases by two weeks for each additional child delivered, in case of multiple births or medical complications associated with pregnancy and birth. Assuming there are no incident complications, an employee who gives birth to triplets would be entitled to 20 weeks off work. This paid leave also extends to adoptive and foster parents.
In addition to the mandatory 16 weeks of maternity leave, employees can request additional time off if medically necessary.
Paternity and partner leave in Spain
The partner parent of a newly born child is entitled to two working days’ paid absence, effective immediately after the child is born. Additionally, partners are entitled to 13 days of paternity leave, which increases by two days for each additional child. The parent in question qualifies for social security benefits, provided they have had 180 days of paid employment within the previous seven years.
Social security benefits for both parents are equal to 100% of their respective income. Spanish law permits parents in LGBT partnerships to take leave, as well as adoptive parents.
Sick Leave in Spain
Spanish employees are entitled to sickness benefits for a maximum of 365 days, although this can be extended by a further 180 days in certain situations. Employees are not entitled to any payment for the first three days of diagnosis with a common illness, however, from the fourth to the 15th day, the employer must provide sickness benefits to the employee. After this period, any payments made by the employer are covered by the social security scheme, provided the employee is registered.
Overtime
Spanish employment laws stipulate that employees are only expected to work 40 hours a week on average. Overtime is permitted if it does not exceed an 80-hour limit over the course of a year. In return, employees are entitled to payment that is at least 50% more than their normal rate, or compensatory paid time off, earned at the same increased rate.
Both the employer and employee are required to keep a record of overtime worked to ensure fair compensation.
Minimum wage in Spain
In 2022, the minimum wage in Spain for a full-time job is €7.82 per hour. This equates to €1,166.7 gross per month. The minimum wage should also include benefits such as meal vouchers, medical insurance, and company vehicles (for qualifying employees), all paid by the hiring company, in addition to base pay.
13th and 14th month salary
In addition to base wages, Spanish employees are entitled to a 14th-month salary, known as the pagas extraordinarias (extra or special pay). These extra payments are typically made in the summer and around the Christmas holidays, and each payment amounts to 1/14th of the employee’s total annual salary.
Health Insurance in Spain
Spanish law requires employers to provide medical insurance for their employees and enrolment with the Tesoreria General de la Seguridad Social – TGSS) is mandatory.
For more information about employee benefits – visit: https://administracion.gob.es/pag_Home/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/trabajo-jubilacion/condiciones-trabajo/jornada-permisos.html
