Self-employment
El trabajo por cuenta ajena es una forma de empleo en la que el trabajador presta sus servicios a otra (el empleador o empresa) bajo ciertas condiciones acordadas, a cambio de una remuneración o salario. Esto se diferencia del trabajo por cuenta propia (trabajador autónomo), cuando la persona trabaja para sí misma, asumiendo los riesgos y la organización de su actividad.[1].
El trabajador está subordinado a las instrucciones del empleador. Esto incluye cumplir horarios, seguir normas internas y realizar tareas específicas. Entre ambas existe un contrato que establece los términos del empleo: salario, jornada laboral, vacaciones, etc. Al estar bajo el marco legal, el trabajador por cuenta ajena suele tener derecho a prestaciones como seguridad social, bajas médicas "Incapacidad temporal (España)"), indemnizaciones, etc.[1].
Contractual relationship
According to article 8.1 of the Workers' Statute, the employment contract can be concluded in writing or verbally, since historically verbal contracts have been valid in Spain. However, over time, documentation requirements have increased to guarantee transparency and avoid labor fraud. The law establishes that temporary contracts lasting more than 4 weeks, part-time contracts, internship and training and apprenticeship contracts, permanent-discontinuous contracts, contracts for the performance of a specific work or service, remote work contracts (teleworking), contracts concluded with foreign workers (outside the European Economic Area), fishermen's employment contracts and when requested by any of the parties (employer or worker) must be recorded in writing.[1].
If it is not done in writing when it should, the contract is presumed to have been concluded for an indefinite period and full-time, unless proven otherwise that proves its temporary status.[1].
After the 2022 labor reform, the modalities of employment contracts have been simplified and restructured. In this way, there are four main models of employment contracts, each with its specific characteristics: indefinite contract, temporary contract (in its variants due to production circumstances or substitution), fixed-discontinuous contract and training contract (in its alternating variants or to obtain professional practice).[19].
The indefinite contract in Spain is that type of employment relationship in which a specific term is not established for the termination of the relationship between the worker and the company. It is the most stable form of employment, since it does not have a predetermined end date. This type of contract offers the worker a greater level of stability and job security and is usually the most valued within the Spanish labor system.[1].
The permanent contract also has advantages for the company, since a permanent contract implies lower staff turnover, which can result in lower costs associated with hiring and training new employees. Likewise, although an indefinite contract implies greater stability for the worker, the company can dismiss the employee for justified objective reasons (economic, organizational, etc.), which gives it some flexibility.[1].
The fixed-discontinuous contract in Spain is a type of indefinite contract that allows workers to alternate periods of activity and inactivity, always maintaining their employment relationship with the company, without the need to sign a new contract in each seasonal period, which gives stability and security to the worker, and prevents the company from having to search for and train new employees in each period of activity. This figure has gained relevance in recent years, especially after the labor reform of 2022, which sought to reduce temporary employment in the Spanish labor market, although it has existed in the Workers' Statute since at least 1995, and the statistics that collect these contracts, called SISPE, began in 1996.[20].
They can only be arranged for activities that do not have activity throughout the year, such as, for example, in the hospitality sector, as is the case of hotels that only open for part of the year and close, for example, in winter.[21][22][23].
In 2022, almost 2.5 million of these contracts were signed, and at the end of 2023, they represented approximately 6.3% of the total permanent contracts in Spain. Furthermore, its use has spread among young people: at the end of 2023, almost 20% of workers with this type of contract were under 30 years old.[20][24].
After the 2022 labor reform, one of the most frequent questions raised about the fixed-discontinuous contract by opposition politicians and various journalists is how workers with this type of contract appear in unemployment statistics, which has led some to question whether the official number of unemployed is being "made up". During periods of inactivity, these workers are not considered registered unemployed, since they maintain their employment relationship with the company. However, they are listed as unemployed claimants, and this practice is not new, but dates back to 1985.[25][26].
The temporary contract due to production circumstances is a contractual modality in Spain that allows companies to hire workers on a temporary basis to attend to occasional increases in activity that do not exceed 90 days in the calendar year. This type of contract is regulated in article 15 of the Workers' Statute and was modified by Royal Decree-Law 32/2021, better known as the 2022 labor reform.[1].
Its maximum duration is 6 months. By sectoral collective agreement, it can be extended up to 12 months. If the contract is concluded for a duration less than the maximum, it can be extended only once, without the total duration exceeding the established limit. It must precisely specify the enabling cause for the temporary hiring, the specific circumstances that justify it and the connection of these circumstances with the expected duration of the contract. At the end of the contract, the worker has the right to compensation of 12 days of salary per year worked, or the corresponding proportional part. If it is used in violation of the law or the maximum permitted duration is exceeded, it is presumed that the employment relationship is of an indefinite nature.[28][29][30][31].
The fixed-term substitution contract in Spain, previously known as an interim contract, is a contractual modality that allows companies to temporarily hire a worker to replace another who has the right to reserve their job, for example, in cases of maternity leave, paternity leave, temporary disability, among others. This figure was updated by Royal Decree-Law 32/2021, better known as the labor reform of 2022.[1][32].
This contract can also be concluded when a worker reduces his/her working day for legally established reasons, hiring another person to complete the working day, or to fill a vacant position while an internal selection or promotion process is carried out for definitive coverage. The provision of services can begin up to 15 days before the absence of the replaced worker occurs, allowing an adequate transition in the performance of the position. At the end of the contract, you do not have the right to compensation, but you do have the right to the corresponding settlement.[1][32].
The contract ends when the replaced worker is reinstated, the legal or conventional term for reinstatement expires, or the cause that gave rise to the reservation of the position is extinguished. If this contractual modality is used improperly, the contract can be considered indefinite.[1][32].
The alternating training contract is a work modality designed to combine theoretical training (regulated or accredited) with a paid job in a company, so that the person works while studying and acquires professional experience, whether in the field of Vocational Training, the University or obtaining a professional certificate from the vocational training system for employment. Its purpose is to provide work experience directly related to the studies being taken, thus facilitating a more effective insertion into the labor market. It lasts a minimum of three months and can be extended up to a maximum of two years. During this time, the working day is adapted to the demands of the training process: it cannot exceed 65% of the ordinary working day during the first year or 85% in the second, thus ensuring that theoretical learning is not compromised. Remuneration must be proportional to effective work time (never less than the minimum interprofessional wage). It is especially aimed at young people, under 30 years of age, except in cases such as people with disabilities or university education, where there is no limit.[1][33].
The training contract to obtain professional practice is designed for people who have already completed their training and seek to acquire professional experience in accordance with the level of studies achieved. This contract can only be concluded with those who have obtained a university degree, Vocational Training or a professional certificate from the national employment system in the three years prior to hiring (five years in the case of people with disabilities). Its minimum duration is six months and cannot exceed one year. Unlike the alternation contract, this allows a full working day (also partial), and the remuneration must comply with what is established by the applicable collective agreement, and cannot be less than 60% of the salary corresponding to a worker who performs the same position. The main objective is to facilitate an effective transition between the educational and professional worlds, ensuring that graduates can apply their knowledge in a real work environment and continue developing their skills. It cannot be held: With people who have already worked in the same position in the company for more than 3 months.[1][34].
The trial period for qualified technicians cannot be longer than 6 months, 3 months in the case of companies with less than 25 workers. For the rest of the workers, the trial period cannot be longer than 2 months.[1] During this period, both the employer and the worker can terminate the employment relationship without prior notice.
working day
In 2024, the maximum working day is 8 hours a day, 40 a week. From there, the additional time worked would be considered overtime. Some contracts may be part-time, that is, they have fewer hours of work and salary. On the other hand, the company must communicate any schedule change at least 5 days in advance.[35].
On February 5, 2025, the third Government of Pedro Sánchez, with Yolanda Díaz as Minister of Labor and Social Economy, approved a draft bill to reduce the working day from 40 to 37.5 hours per week, without salary reduction. The reform must be approved by the Congress of Deputies and published in the Official State Gazette (BOE) for its entry into force. It has the support of the CC unions. OO. and UGT, but faces opposition from the employers' association CEOE and CEPYME, and from some political parties, such as the PP, Vox "Vox (political party)") and Junts per Catalunya "Junts per Catalunya (political party)").[36][37] Various surveys carried out in 2024 and 2025 show that the vast majority of citizens support this measure.[38][39].
The last significant modification of the working day in Spain dates back to 1983. That year, the Government of Felipe González established the maximum working day at 40 hours per week, instead of the 44 in force. Before, in 1976, it was reduced from 48 to 44 hours per week. These reforms represented a notable change with respect to previous conditions, going from 48 to 40 hours a week, and also met with fierce opposition from the business organizations of the time.[40][41].
In 1919, after the La Canadiane Strike that took place in Barcelona for 44 days, with more than 100,000 participants that effectively paralyzed the economy, the Spanish Government accepted workers' demands that included an eight-hour day, the recognition of unions, and the reinstatement of laid-off workers. The Count of Romanones was relieved of the government in April 1919 after signing the so-called Decree of the eight-hour day on April 3, 1919.[42] As of October 1, 1919, the maximum total working day was 8 hours a day and 48 a week, making Spain the second European country with days of this type, after the Union Soviet.[43][44][45][45].
In France, the legal working day was established at 35 hours per week starting in 2000, with the aim of reducing unemployment by distributing work and improving the quality of life and remuneration of workers.[46][47] In some countries, there is debate about the implementation of the four-day work week.
Article 37.6 of the Workers' Statute recognizes the right to reduce working hours in certain circumstances to facilitate certain workers' reconciliation of personal, family and work life. In accordance with article 37.7, the worker must communicate his intention to reduce the working day with a minimum notice of 15 days or as established in the applicable collective agreement. The start date and, if known, the end date of the reduction must be specified. The company is obliged to respond to the request and, in case of refusal, it must objectively justify it. If you do not respond within the established period, it is understood that the request has been accepted.[48][49].
Temporary Employment Companies (ETT)
Temporary employment agencies (ETT) play a key role in the Spanish labor market, facilitating the hiring of personnel in sectors with high seasonality or specific needs. The main ETTs in Spain are the Dutch Randstad: sector leader in Spain, with 740 million euros of turnover in 2015, Adecco: based in Switzerland and 571 million euros of turnover in the Spanish market, and Manpower: American multinational with 374 million euros of turnover in Spain. In 2017, there were a total of 177 companies in this segment with a turnover of almost 3.7 billion euros.[27].
Employees hired through ETT are mainly men (59%), with a high percentage of foreigners (30%) and young people under 30 years of age (44%). Temporary employment agencies are especially active in the manufacturing industry (28.4% of contracts), agriculture (16.7%), transport and logistics (16.6%) and hospitality (15.8%). In 2023, 32% of workers hired through ETT were subsequently incorporated into the workforce of user companies.[55].
The ETTs, after the labor reform of 2022, must justify very well the temporary hiring, normally by replacing a worker or due to production circumstances. They often pay the worker per hour worked instead of transferring a monthly salary, which means that the worker is only remunerated for the hours he works, including in the remuneration holidays, vacations and any other payment to which workers are entitled by agreement, so if the worker decides to agree with the company to take vacations, he will not receive remuneration during the period of time in which they elapse, since this time is already considered remunerated in what the worker receives for hour.[27].
In the contract, the working day must be indicated. If not specified, it will be considered full time, that is, 40 hours per week. The vacations to which one is entitled are calculated with respect to the days worked, regardless of the number of hours worked per day.[56][57][58].
Overtime
According to article 35 of the Workers' Statute, overtime hours are those that exceed the ordinary working day and must be financially compensated at least to the value of one ordinary hour of work or with rest time, within four months following its completion. The choice between these options depends on the agreements reached between the worker and the employer, and any financial compensation must be reflected on the worker's payroll, ensuring an adequate record of the hours worked.[1] However, many times, a significant portion of these hours is unpaid, which constitutes a persistent labor problem.
According to data from the National Statistics Institute (INE), in the third quarter of 2023, 48% of overtime hours performed were not paid or compensated with rest. In the case of women, this percentage rises to 52%. According to data from the Active Population Survey (EPA) for the second quarter of 2023, 6,032,000 overtime hours were performed weekly in Spain, of which only 57.2% were paid.[59] This implies that approximately 2.6 million weekly overtime hours were unpaid, which could have allowed the creation of more than 64,000 full-time jobs. This has a significant economic impact, since it is estimated that companies save around 3,254 million euros per year in salaries and social contributions due to these unpaid overtime hours.[60][61][62].
According to data from the Active Population Survey (EPA), 87% of overtime hours performed by employees in the finance and insurance sector are not paid or compensated with rest. In the educational field, which ranges from early childhood education to university education, 84% of overtime hours worked are not paid. Workers in real estate activities, including sales, rentals and property management, face a similar situation, with 83% of overtime unpaid. Contrary to popular belief, hospitality does not lead in unpaid overtime, but it is a problem in this sector. In the second quarter of 2023, the education sector recorded 500,900 unpaid overtime hours, which could have generated more than 12,500 full-time jobs.[63][64][59].
Since March 2019, the first Government of Pedro Sánchez obliges all companies to have a time record of the workers' working hours, with the aim of minimizing the number of unpaid overtime hours, which is a problem both for workers, because their working hours are not respected nor are they compensated for it, as well as for the public coffers, which stop paying the taxes linked to those overtime hours.[65].
In France, the first eight hours additional to the legal working day of 35 hours per week, that is, from the 36th to the 43rd hour, must be paid with an increase of 25%, while from the 44th hour onwards, the surcharge rises to 50%. However, collective agreements or company agreements may establish more favorable conditions, and in some cases, these hours may be compensated with rest time instead of financial payment.[66].
Salary
According to the Salary Structure Survey (EES) of the National Statistics Institute "National Institute of Statistics (Spain)") (INE), the average annual salary in Spain was 26,948.87 euros gross in 2022, 4.1% more than in 2021, that of women was 24,359.82 euros and that of men was 29,381.84 euros. The median salary "Median (statistics)") stood at 22,383.11 euros and the most common salary barely reached 14,586.44 euros.[67].
In 2022, by salary brackets, 17.10% of workers in Spain received the Minimum Interprofessional Wage (SMI), that is, they earned €14,000 gross annually, or less, if they are not full-time, while the largest percentage of workers, 48.16%, is between €14,000 and €28,000 gross salary per year, That is, 65.26% of workers earn the same as two or less gross SMI per year. With these data, more than half of the workers in Spain earn less than 2,333 euros gross per month, which reveals a labor reality where the majority of people earn below the average, which is 2,448.48 euros gross per month in 2022. The second group of workers by salary is the 20% who earn between €28,000 and €42,000. With this, 85.26% of workers earn the same as three or less gross SMI, which is equivalent to less than 3,500 euros gross per month. Only 14.74% of workers earn more and the percentages of people in higher salary brackets decrease significantly: only 8.29% receive between €42,000 and €56,000, and 3.40% between €56,000 and €70,000. The highest salaries, over €70,000, are earned by a very small minority of people: 1.68% earn between €70,000 and €84,000, 0.84% between €84,000 and €98,000, 0.40% between €98,000 and €112,000, and barely 0.14% exceed the €112,000 annually. This distribution reveals strong inequality, with 85.26% of workers earning less than €42,000 gross per year (€3,500 per month), which indicates a concentration of employment in low and medium-low salary ranges.[67].
The gender gap regarding salary in Spain is clearly notable. The average gross annual salary for men is €29,381.84, while that for women is significantly lower, at €24,359.82. This reflects a difference of €5,022.02 in favor of men, which implies a wage gap of 17.1%. This data highlights the persistent inequality in income between men and women at the national level, despite advances in gender equality in many areas. The gender pay gap can be influenced by several factors, such as the greater presence of women in lower-paid sectors and occupations, the glass ceiling in leadership positions or the unequal distribution of family care responsibilities, which often fall more on them. Despite the persistent gender pay gap, some timid progress is observed, since, in 2022, the average salary of women increased by 5.12% compared to 2021, while the salary of men grew by 3.50% compared to 2021. However, in absolute terms, the increase in women's income is still not enough to substantially reduce the salary gap compared to men.[67].
Telecommuting
According to article 34.8 of the Workers' Statute, workers have the right to request adaptations to their working hours, including remote work, to reconcile family and work life, especially in the case of caring for children up to 12 years old or dependent relatives up to the second degree of consanguinity who live in the same address. The company must negotiate in good faith. If you reject the request, you must justify the reasons. The discrepancy between the parties would be resolved in the Social Court.[1].
Law 10/2021, of July 9, on remote work regulates teleworking in Spain. This standard arose to respond to the rise of remote work after the COVID-19 pandemic and came into force on July 11, 2021. It applies to employees who carry out their work activity remotely on a regular basis, that is, when at least 30% of the working day is carried out outside the usual workplace in a reference period of three months. Remote work must be voluntary for both the worker and the company, and must be formalized through a written agreement that can be incorporated into the initial contract or made subsequently, but always before starting remote work.[80].
The company must provide and maintain the means, equipment and tools necessary for the development of remote work activity. The worker has the right to compensation for expenses incurred, which should not be assumed by the worker. The worker's right to disconnect outside of working hours is guaranteed, including rest and vacation periods. The company must guarantee an adequate record of the working day, including the start and end. Likewise, the company maintains its powers of organization, direction and control over remote work, and may adopt the necessary measures to verify compliance with labor obligations, always respecting the dignity and privacy of the worker. The company must guarantee the safety and health of the remote worker, evaluating the risks of the workplace chosen by the worker.[80].
With the COVID-19 pandemic in Spain, the percentage of workers who telework doubled, going from 8.3% in 2019 to 15% in 2020. Since then, the percentage of workers who telework for more than half of their working days has decreased, but those who do it occasionally have increased proportionally, adding a total of 3.3 million people (15.4%) in 2024, 7.8% of which for more than half of the days and 7.6% occasionally, compared to 10.8% and 4.2%, 15% in total, in 2020. Many companies have chosen to offer teleworking for less than 30% of the weekly working day, to avoid having to pay the compensation for expenses required by law. In 2024, the autonomous communities where teleworking is most common are the Community of Madrid (26.6%), Catalonia (16.5%) and the Valencian Community (16%), where the least are the Canary Islands (8%), Castilla y León (8.7%) and Extremadura (9.9%). Despite progress in recent years, Spain remains below the European average in teleworking. In 2023, the European Union average was 22%, compared to 15.4% in Spain. Countries such as France (34%), Germany (24%) and Portugal (20.8%) far surpass Spain, while Italy (10%) and Greece (8%) are below.[81][59].
Dismissal
Companies can dismiss workers in accordance with the provisions of articles 49-56 of the Workers' Statute, on termination of the contract, which regulate the different types of dismissal, the procedures to follow and the legal consequences.[1] The worker has 20 business days (Saturdays, Sundays and holidays are not included) from the effective date of the dismissal to initiate an appeal before a court of law. This deadline cannot be extended, so it is very important to act quickly, after the deadline the opportunity is lost. The judicial procedure to challenge a dismissal is regulated in Law 36/2011, of October 10, regulating social jurisdiction.[82].
Before going to court, the law requires attempting a prior conciliation with the company, presenting a labor conciliation form before the Mediation, Arbitration and Conciliation Service (SMAC).[83] This suspends the 20-day period, which resumes after conciliation. If there is no agreement between the company and the worker in the conciliation act or the company does not appear, a claim can then be made in the Labor Court, for which it is advisable to have a labor lawyer, although it is not mandatory. In the trial, the judge will analyze the case and issue a ruling, being able to declare the dismissal as appropriate (considering the dismissal legal), inadmissible (urging the company to reinstate the worker or pay compensation) or void (if the dismissal violates fundamental rights, forcing the company to reinstate with payment of wages not received. After this, the company or the worker can appeal the ruling before the Superior Court of Justice "Tribunal Superior de Justicia (Spain)") of the autonomous community and even request an appeal for cassation from the Supreme Court "Supreme Court (Spain)") if there is a contradiction between sentences from different different courts or if there is cassation interest, that is, if the case has relevance beyond the personal interest of the parties.[82][84][85].
Citizens whose family unit's income does not exceed double the value of the IPREM (Multiple Effects Public Income Indicator) have the right to free legal assistance, that is, to a public defender, according to article 3 of Law 1/1996, of January 10, on free legal assistance.[86].
Proper dismissal occurs when the employer has correctly proven and justified the cause of the dismissal and can demonstrate it, meeting all the formal requirements, and if a judge establishes that the dismissal is in accordance with the law, if it is appealed.[1].
The dismissal can be disciplinary, according to article 54 of the Workers' Statute, that is, if the company terminates the employment contract due to serious and culpable conduct by the worker. This may include actions such as disobedience, insults, repeated and unjustified failure to attend work, low productivity or poor behavior at work. The employer must justify that the offense committed is serious enough to break the employment relationship. The dismissal must be communicated in writing and clearly specify the facts that motivate it. Furthermore, the employee has the right to challenge the dismissal if he or she considers that the accusations are not true or are not serious enough. If the dismissal is declared appropriate by a judge, the worker does not have the right to compensation, but he does have the right to receive the settlement (pending salaries, vacations not taken, etc.).[1].
Rest
In accordance with article 37 of the Workers Statute, workers in Spain have the right to a minimum weekly rest of a day and a half uninterrupted, the usual being the enjoyment of Saturday afternoon, or Monday morning, along with the entire Sunday. In the case of those under 18 years of age, the rest must be at least two uninterrupted days. With prior agreement, either by collective agreement or by organizational needs justified by the company, the worker could work for a continuous period of up to 14 consecutive days and then rest the accumulated days in a row. As a general rule, the working day cannot exceed 9 hours per day on average. Likewise, every worker must be able to enjoy 14 holidays days a year, 2 of which are regional and another 2 of a local nature, paid and non-recoverable, always respecting Christmas Day, New Year's Day, Worker's Day and the National Holiday of Spain.[1].
Exceptions occur in activities that, due to their nature, organizational or public service needs, do not allow this break to be respected in the usual format, such as in healthcare, security forces and bodies, firefighters, transport, commerce and hospitality, agriculture or even in industries with continuous processes. In these cases, the law requires that the worker have an equivalent compensatory rest, that is, that, for example, even if he works on Sunday, he must enjoy that day off on another date. Furthermore, this type of organization must be justified and regulated by collective agreement, and cannot imply the loss of the right to rest, only its reorganization. Many of these exceptions are regulated in *Royal Decree 1561/1995, on special working days.
The State Security Forces and Corps (FCSE) have a completely specific legal and labor regime, regulated in Organic Law 9/2015, of July 28, on the Personnel Regime of the National Police[91] and Organic Law 11/2007, of October 22, regulating the rights and duties of members of the Civil Guard.[92].
According to article 34, at least 12 hours must pass between the end of one day and the beginning of the next. When the daily shift is longer than 6 hours, the worker must have at least a break of 15 minutes (30 minutes for underage workers when the shift is longer than 4 and a half hours) and is counted as effective working time and, therefore, paid.[1].
Right to vacation
As stated in article 38 of the Workers' Statute, the minimum mandatory vacation period for all contracts is 30 calendar days, which is equivalent to 4 full weeks, but it may be longer if established by the applicable agreement or contract.[1].
Calendar days include all calendar days, regardless of whether they are workdays or not. That is, if a worker has 30 days of vacation, those days include weekends and holidays.[1].
The specific days on which this right will be enjoyed will be agreed between the worker and the employer, at least two months before enjoying the rest. If there was no agreement, a judge would decide and his decision would be unappealable.[1].
Vacations must be enjoyed in the current year, since in the event of dismissal, if it occurs in the following year without having enjoyed the vacations of the previous one, they can no longer be claimed.
The last legal modification that affected the annual vacation period in Spain was carried out by the Government of Felipe González in 1983, with the approval of Law 4/1983, of June 29, which increased the minimum vacation to 30 calendar days. Before this reform, vacations were limited to 23 calendar days. [40] Subsequently, in 2012, the first Government of Mariano Rajoy carried out the 2012 labor reform, which introduced a modification in the Workers' Statute to specify that if the vacation coincided with a temporary disability for reasons other than pregnancy, childbirth or breastfeeding, and the worker could not enjoy them during the corresponding calendar year, they could do so once the disability ended, as long as there were no more than 18 months have elapsed since the end of the year in which they originated.[87].
In France, workers have the right to 30 working days, that is, 5 weeks of annual vacation.[93] In the United States there is no federal law that requires vacations, and vacations depend on each employer.[94] Americans enjoy an average of 15 days of vacation after 5 years of work in the company, although, according to surveys, around 50% of workers do not spend all their vacation days for fear of falling behind in their tasks, overload their colleagues or for fear that it could affect their professional career.[95].
Paid leave
In accordance with article 37.3 a) of the Workers' Statute, the company must provide 15 paid days off in the event of marriage or registration of a de facto partner.[1].
In accordance with article 37.3 b) of the Workers' Statute, the worker can miss work with the right to pay for five days if a serious situation occurs to his or her spouse, common-law partner, family members up to the second degree of consanguinity, such as an accident, a serious illness, hospitalization or an operation that requires rest at home, also if it happens to any other person with whom he or she lives and who needs his or her direct care. To do this, you must notify in advance and justify the absence with the necessary documents.[1].
According to article 37.5, if a child is born prematurely or must stay in the hospital after birth for any reason, the worker has the right to be absent from work for one hour a day. Additionally, you can request a reduction in your working day of up to two hours a day to address this situation, although in that case your salary is reduced proportionally to the time you work less.[1].
In accordance with article 37.3 b) bis) of the Workers' Statute, the worker has the right to miss work with pay for two days if his or her spouse, common-law partner or a family member up to the second degree (parents, children, siblings, grandparents, grandchildren, in-laws or brothers-in-law) dies. If for this reason you have to travel, two more days are added, that is, you can be absent for up to four days in total.[1].
In accordance with article 37.3 c) of the Workers' Statute, the company must provide 1 paid day for moving tasks.[1].
In accordance with article 37.3 d) of the Workers Statute, the worker has the right to be absent from work for the time necessary to fulfill a public and personal duty, such as, for example, voting in elections or participating as a jury. If any law or agreement indicates how long that absence can last and whether it is paid or not, what that rule says will apply. If during the fulfillment of this duty the person receives compensation or payment such as, for example, an allowance for serving as a jury or being a member of a polling station, that amount will be deducted from the salary that would correspond to them in the company for that time.[1] The renewal of the DNI "National Identity Document (Spain)") could be considered an inexcusable duty if it coincides with the worker's working hours and cannot be done at another time.[96][97].
In accordance with article 37.3 f) of the Workers' Statute, the worker can be absent from work for as long as necessary to attend prenatal exams and childbirth preparation classes. In cases of adoption, custody for the purposes of adoption or fostering, you may also be absent to attend mandatory information and preparation sessions, and to carry out the necessary psychological and social reports. Of course, these absences are only justified and allowed if these activities are carried out during working hours.[1].
Leave of absence
The worker has the right to take a break from work with suspension of employment and salary. When requesting it, you need to wait for the company's response, because if it does not respond, it could be understood that you have abandoned your duties and carry out an appropriate disciplinary dismissal. In cases where a response is not obtained, it must be requested through judicial means.
Defaults
The reform of the Workers' Statute, implemented by the third Government of Pedro Sánchez, with Yolanda Díaz as Minister of Labor, through Organic Law 1/2025 on measures regarding the efficiency of the Public Justice Service, establishes that if three non-payments or six delays in salary accumulate in a period of one year, the worker can request the termination of the contract with the right to compensation and unemployment benefits. This modification establishes "without prejudice to other cases that the judge or court may consider a just cause for these purposes, it will be understood that there is a delay when the date set for the payment of the salary is exceeded by 15 days, the cause occurring when the worker is owed, in the period of one year, three full monthly payments of salary, not yet consecutive, or when there is a delay in the payment of the salary for six months, not yet consecutive».[103].
Settlement
Article 49.2 of the Workers' Statute indicates that every worker, when their employment relationship with a company ends, whether due to dismissal, voluntary resignation, end of contract or retirement, must receive the liquidation document, better known as a settlement. Its function is to record that the company has paid all outstanding amounts until the end date of the contract.[1].
The settlement must include all the concepts that the worker has not yet received, such as: the salary for the days worked in the current month, the proportional part of the extra payments (if they are prorated, they are already included, if not, the proportional part must be paid), the vacation days not taken, and other pending concepts such as overtime or bonuses if any. There is no fixed amount: what is paid depends on the specific case.[104].
The worker has the right to review the settlement and is not obliged to sign it, if he does not agree, or sign it as "non-compliant", in order to be able to claim it judicially later. It is not the same as severance pay, which is given only in certain types of dismissal. Every worker must always receive the corresponding settlement, regardless of the reason for the end of the contract.[104].