How do you hire a Spanish employee in 2026?
Spain's probation period lets either side walk away with no notice at all. For a general-role hire that window is 2 months. For a qualified technician it extends to 6 months. Outside probation, the flat statutory notice is 15 days, with no tenure-based accrual scale.
· Spain guide
Illustration · Barcelona, Spain
The Spain hire process has five steps. Offer letter, work-authorisation check, written employment contract, Seguridad Social registration, first payday.
The written contract must be signed before or on the employee's first day. Probation runs up to 2 months for general roles and up to 6 months for qualified technicians. Either side can end employment during probation with no notice.
After probation, the flat employer notice is 15 days. Spain has no tenure-based notice scale. Employees give the same 15 days when they resign.
What does the end-to-end Spain hire process look like?
Five steps take you from accepted offer to first payslip. Offer letter, work-authorisation check, written contract, Seguridad Social registration, first payday.
The written contract must be in place before the employee starts. Probation starts on day one.
| Step | What happens | Owner | Timing |
|---|---|---|---|
| 1. Offer letter | Written offer with role, salary, start date, and key terms | Client / Teamed drafts | Same day after verbal accept |
| 2. Work-authorisation check | Confirm EU right to work or verify valid work and residence permit for non-EU nationals | Teamed | Before the employee starts |
| 3. Written employment contract | Signed contract setting out role, pay, working hours, probation, notice, and leave entitlement | Teamed (legal employer) | On or before day one |
| 4. Seguridad Social registration | Register the employee with the social security system (afiliacion) and notify via the Sistema RED | Teamed | Days 1 to 3 |
| 5. First payday | First nomina payslip issued, IRPF withholding filed via Modelo 111 | Teamed | End of first pay period |
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Issue the offer letter
Send a written offer the same day as verbal acceptance. Include role, salary, start date, probation of up to 2 months for general roles, and any conditions such as work-authorisation or references.
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Complete the work-authorisation check
Check identity documents for EU and EEA nationals, or verify the combined work and residence permit for non-EU nationals, before the employee starts. Record the document details and retain a copy.
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Issue the written contract
The signed employment contract must be in place on or before day one. Teamed checks the applicable convenio colectivo and drafts the contract accordingly. Clients choose commercial terms; Teamed signs as the legal employer.
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Complete Seguridad Social registration
Register the employee with the Spanish social security system via the Sistema RED portal before or on the first day. Collect the NIE and IBAN. Configure IRPF withholding. This runs across days 1 to 3.
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Issue the first nomina and file IRPF
Run the first payroll at the end of the first pay period. File the Modelo 111 IRPF withholding return within the quarterly window. The employee receives their nomina payslip and is on the Seguridad Social record.
What must a Spanish offer letter include?
The offer letter is not the binding contract. It is the document the candidate decides against.
Include role title, reporting line, start date, gross salary, working pattern, location, probation period, notice period after probation of 15 days, and any conditions.
Three traps to avoid in Spanish offer letters:
- Quoting net pay. Spain's IRPF withholding rate varies by personal circumstances. Committing to a net salary creates problems when the employee's tax situation changes. Always quote gross.
- Ignoring the collective agreement (convenio colectivo). Most Spanish sectors operate under a binding sector or company agreement. The convenio sets minimum pay, leave, and working-time standards. An offer letter that undercuts the convenio is not valid. Teamed checks the applicable convenio before drafting.
- Overstating the probation window. Probation is capped at 2 months for general roles and 6 months for qualified technicians under the Estatuto de los Trabajadores. A longer period stated in the letter is not valid.
Teamed's standard Spanish offer letter template covers all required ground without overcommitting. Clients choose commercial elements; Teamed holds the legal-employer position and issues documents in both Spanish and English where requested.
Spain work-authorisation checks
Every employer must verify work authorisation before the employee starts.
EU and EEA citizens have the right to work in Spain without a separate permit. Non-EU nationals need a valid work and residence permit before starting.
EU and EEA nationals
Citizens of EU and EEA member states can work in Spain without a separate work permit. The employer checks the passport or national identity card and retains a copy. Non-EU family members of EU citizens holding an EU family member residence card are also permitted to work without a separate permit.
Non-EU nationals
Third-country nationals must hold a valid combined work and residence permit (autorizacion de residencia y trabajo) before starting employment. The employer must verify the permit is current and that it authorises the specific type of work being performed. The permit is issued by the Secretaria de Estado de Migraciones and typically requires a prior labour market test showing no suitable resident candidate was available.
The EU Blue Card (Tarjeta Azul UE) is available for highly qualified non-EU workers and carries a faster processing track. Intra-company transfers use a separate permit category.
Employers must confirm that a worker holds valid authorisation to work in Spain before employment begins. For non-EU nationals, a combined residence and work permit issued by the Spanish authorities is required. Working without authorisation is an administrative offence.
Source: Gobierno de Espana: End of contract, resignations and dismissals
Ongoing permit checks
For employees on time-limited permits, Teamed tracks the expiry date and triggers a renewal reminder ahead of the deadline. A permit that expires without renewal is a compliance breach. Teamed manages the calendar so no renewal is missed.
The Spanish written contract: what must it contain?
Spanish employment law requires a written contract before or on the employee's first day.
The contract must cover all key employment terms. It is the legally binding document. The offer letter is not.
What the Spanish written employment contract must include:
- Names and addresses of both employer and employee
- Date employment begins and, for fixed-term contracts, the expected end date or task description
- Place of work and any mobility clause
- Job title or occupational category (grupo profesional) as defined in the applicable convenio colectivo
- Gross base salary, any supplements or bonuses, and the two extraordinary pay periods (pagas extraordinarias)
- Ordinary working hours per week, up to 40 hours under the Estatuto de los Trabajadores
- Annual paid leave entitlement of at least 22 days working days plus 14 public holidays per year
- Probation period, if agreed (up to 2 months for general roles or 6 months for qualified technicians)
- Notice period after probation: 15 days employer notice and 15 days employee resignation notice
- Reference to the applicable sector or company collective agreement (convenio colectivo)
- Sick pay terms and the social security contribution base
- Duration of contract (indefinido/permanent or temporal/fixed-term)
Spain strongly favours the indefinido (open-ended) contract. The 2021 labour reform tightened restrictions on fixed-term contracts: temporary contracts are now limited to specific circumstances (a genuine temporary business need or a specific project). Using a fixed-term contract to fill a permanent vacancy is a legal risk. Teamed drafts indefinido contracts by default unless the client's commercial case for a fixed-term arrangement is clear.
Key source: Estatuto de los Trabajadores (Real Decreto Legislativo 2/2015) via BOE.
Onboarding admin in the first week
Days 1 to 7 cover contract signing, Seguridad Social registration, NIE and bank account details, IRPF withholding setup, and the first nomina configuration.
Teamed handles the compliance and payroll side. The client handles the cultural and operational side.
| Onboarding task | Who does it | Day |
|---|---|---|
| Written contract signed | Employee and Teamed | Day 0 or 1 |
| Work-authorisation check completed | Teamed | Day 0 (before start) |
| Seguridad Social afiliacion (enrolment) submitted via Sistema RED | Teamed | Days 1 to 3 |
| NIE (Numero de Identificacion de Extranjero) confirmed for non-EU workers | Employee submits to Teamed | Day 1 |
| IRPF withholding rate calculated and configured in payroll | Teamed | Days 1 to 5 |
| Bank account (IBAN) collected for SEPA payment | Teamed | Days 1 to 7 |
| Benefits and extras (health insurance, meal vouchers, etc.) set up | Teamed (admin) and Client (decision) | Days 1 to 7 |
| Equipment and system access | Client | Days 0 to 1 |
| Manager introduction and first-week plan | Client | Days 0 to 7 |
| 30-60-90 day plan documented | Client (manager) | Days 1 to 14 |
How does Teamed handle Spanish employment for you?
Teamed becomes your legal employer of record in Spain for from $599 per employee per month, with zero FX mark-up in any currency.
Payroll, Seguridad Social registration, the written contract, and the full Spanish employment law stack run on one platform.
Real HR and legal experts handle your Spanish hires, from the first offer letter through every quarterly Modelo 111 filing. An actual person, not a chatbot or a pooled queue. There is no setup fee and no exit fee. Employer cost passes through at cost, itemised on every invoice.
EOR payroll, contractor onboarding, and entity setup all live on one platform. A Spanish contractor who converts to full employment keeps their record. Run the Crossover Calculator to see the month your Spanish hire is ready to graduate to your own entity. Start from the Spain hiring overview; each guide here takes one layer of Spanish employment law.
Key sources: Estatuto de los Trabajadores, Gobierno de Espana employment rights, and Seguridad Social.
Frequently asked questions
How long does it take to hire someone in Spain through Teamed?
Teamed can onboard a Spanish employee with EU or EEA work authorisation within a few business days. The written contract must be signed before or on day one, and Seguridad Social registration must be submitted within the first three days. Non-EU nationals who need a work and residence permit will take longer, as the permit must be in place before the start date.
What is the probation period in Spain and can you end it without notice?
The probation period in Spain runs up to 2 months for general roles and up to 6 months for qualified technicians, under the Estatuto de los Trabajadores. During probation, either the employer or the employee can end the employment with no notice at all. After probation, the employer must give 15 days notice for an objective dismissal. Spain has no tenure-based notice scale.
What is a convenio colectivo and does it affect my hire?
A convenio colectivo is a collective agreement that sets minimum pay, leave, working hours, and other conditions for a sector or company. Most Spanish employees are covered by one. The convenio applies from day one, regardless of what the individual contract says. If the contract offers less than the convenio minimum on any term, the convenio term governs. Teamed checks the applicable convenio before drafting any offer or contract.
What is the minimum annual leave entitlement for a Spanish employee?
The minimum paid annual leave is 22 days working days per year under the Estatuto de los Trabajadores. Spain also has 14 paid public holidays per year. The working week is capped at 40 hours. Many convenios grant more generous leave entitlements on top of the legal minimum.
What notice period applies after the probation period in Spain?
After probation, the employer must give 15 days notice for an objective dismissal. The employee must give 15 days notice when resigning. Spain has a flat notice period with no tenure-based accrual. This is different from the UK and Germany, where notice rises with years of service. Collective agreements may set longer notice periods that override the legal minimum.
The probation window in Spain is the most misunderstood part of the hire process. Zero notice to exit sounds powerful, but the contract still has to be signed before day one, the Seguridad Social registration still has to land in the first three days, and the convenio colectivo still governs pay from the start. The window is real; the admin is not optional.
Spain's probation period is a genuine zero-notice window. The contract still has to be right from day one.
The convenio colectivo sets the floor on pay, leave, and working time. It applies before you agree anything else.
Get the registration and the contract done before the employee starts and the rest follows.
