Employment Law
Employment contracts and documents, compliance for employers, hiring foreign workers, dismissals, negotiation and conciliation, employee claims. In English, Spanish and Russian.
Clear employment relationships, no surprises
Most employment disputes start with a badly drafted contract, a forgotten obligation or a poorly negotiated exit. Since the 2022 labour reform the rules on hiring are stricter, and mistakes are paid for in severance, Labour Inspectorate fines or temporary contracts turned into permanent ones.
At Rosmedian Law we advise employers — including foreign companies hiring in Spain — and employees. We draft and review contracts and documents, negotiate agreements and defend your interests at conciliation and, if needed, before the Employment Court.
- You are hiring your first employee in Spain or a foreign worker
- You want to review your company’s contracts and employment obligations
- You need to dismiss an employee or negotiate an exit
- You have been dismissed or your working conditions have been changed
- You are owed wages, overtime or severance
Employment law services
Contracts and documents
- Permanent, temporary and seasonal (fijo discontinuo) contracts
- Confidentiality, non-compete and retention clauses
- Senior management contracts
- Remote work agreements and internal policies
Compliance for employers
- Working-time records and right to disconnect
- Equality plan and harassment protocol
- Whistleblowing channel
- Labour inspections and penalties
International hiring
- Hiring foreign workers
- Posting workers to and from Spain
- Employees working remotely from another country
- Social Security and international agreements
Dismissals and terminations
- Disciplinary and objective dismissals
- Dismissal letters and severance calculation
- Collective dismissals and furlough (ERTE)
- Final settlements
Negotiation and conciliation
- Negotiated exit agreements
- Mandatory prior conciliation
- Mediation in employment disputes
- Agreements with full legal force
Employee claims
- Challenging dismissals
- Claims for unpaid wages and overtime
- Changes to conditions and relocations
- Workplace harassment and breach of rights
Prevent before you litigate
A good contract and a well-negotiated exit cost far less than a trial. If it does come to trial, we are ready.
Analysis
We review contracts, payslips, the collective agreement and correspondence, and explain your position and the deadlines, which in employment matters are very short.
Documentation
We draft or correct contracts, letters and agreements so they comply with the law and protect your interests.
Negotiation and conciliation
We negotiate with the other side and represent you at the prior conciliation, where many disputes are settled.
Trial
If there is no agreement, we defend you before the Employment Court and, where appropriate, on appeal.
What clients ask us most about employment law
What type of contract can I use?
Since the 2022 labour reform, the permanent contract is the general rule. Temporary contracts are only allowed for production needs (up to six months, extendable to twelve by collective agreement) or to replace another worker. For seasonal or intermittent work there is the fijo discontinuo contract. A temporary contract without a genuine reason is treated as permanent and can lead to fines.
How long can the probation period be?
Whatever the collective agreement says and, failing that, up to six months for qualified technical staff and two months for other workers (three in companies with fewer than 25 employees). In temporary contracts of up to six months it cannot exceed one month. It must be agreed in writing; otherwise there is no probation period.
How much does it cost to dismiss an employee?
It depends on the type of dismissal. A disciplinary dismissal found to be fair carries no severance. An objective dismissal (for economic, technical, organisational or production reasons) means 20 days’ pay per year of service, up to twelve months’ pay, with 15 days’ notice. If the dismissal is found to be unfair, severance is 33 days per year, up to 24 months’ pay. The final settlement must always be paid: outstanding wages, untaken holidays and the proportional part of extra payments.
I have been dismissed. How long do I have to challenge it?
Only 20 working days from the day after the dismissal; after that the dismissal can no longer be challenged. Filing the conciliation request suspends the deadline. If you disagree with the final settlement, you can sign it as “received, not in agreement” (recibí, no conforme). Claims for wages and other amounts expire after one year.
Do we have to try to settle before an employment trial?
Yes. In most employment matters a prior conciliation attempt before the regional mediation and conciliation service is mandatory. An agreement reached there has the same force as a judgment. The pre-trial negotiation system (MASC) for civil matters does not apply; employment has its own rules.
What employment obligations does a company have, even a small one?
Every company must keep a daily record of working hours, apply the collective agreement, comply with occupational health and safety rules and have measures against sexual and gender-based harassment. From 50 employees, an equality plan and a whistleblowing channel are also mandatory. Breaches can be fined by the Labour Inspectorate.
Are non-compete and retention clauses valid?
A post-employment non-compete clause is only valid if the company has a genuine interest, pays adequate compensation and it does not exceed two years for technical staff or six months for other workers. A retention clause of up to two years is only allowed if the company has paid for specialised training. Badly drafted clauses do not protect the company.
Can I hire a foreigner, or work remotely for a foreign company?
EU citizens can work in Spain without a permit. Others need a residence and work authorisation, often processed together with the employer. To work remotely from Spain for a foreign company there is the international teleworking (digital nomad) visa. In both cases Social Security registration and taxation must be sorted out. More on our Immigration Law page.
This page provides general information and is not a substitute for advice on your specific case.
Let’s talk about your case
Tell us about your situation and we will reply with a clear, tailored proposal.
- Phone+34 655 982 121
- Emailinfo@rosmedian.com
- OfficeAvenida Maissonnave 3, 3 · 03003 Alicante (España)
- Opening hours9:00 — 17:00
Request a consultation
Message us on WhatsApp, call us or send an email with a short description of your case. We will reply during office hours and suggest a first consultation.
We work in Spanish, English and Russian. Please do not send documents or sensitive data until we have spoken.