KNOW YOUR RIGHTS

• You have the right to receive the salary established in the collective agreement that is applicable and, in case no agreement is applied to you, the interprofessional minimum wage (SMI).

The SMI in 2026 is 1,221 € per month.

• In addition, you have the right to perceive Two extraordinary payments per year of at least €1,221 each:

• Extraordinary payments are received at Christmas and in another month that is agreed (usually June or July).

• It can be agreed in a collective agreement that the two extraordinary payments are received on another date, for example, each month along with your salary:

If you are going to receive both payments each month along with your monthly salary, you would be entitled to receive at least 1.424.50 € per month for 12 months (which is the sum of 1.221 € + 203.50 € of proportional part of the two extraordinary payments).

• Casual and seasonal workers (hiring for less than 120 days) who charge per working day and who receive their salary in a global way (including the proportional part of Sundays, holidays and extraordinary payments) are entitled to receive 57.82 euros per working day.

• If you perform overtime, the entrepreneur must pay them in money or compensate them with paid breaks.

• Deductions. In general, the company must retain only the amounts established in the Law. In particular:

• The part of the Social Security contribution corresponding to the worker:

• 6.58% if the contract is indefinite

• 6.53% if the contract is temporary

• Withholding Personal Income Tax (if applicable).

You have the right to have the day agreed in collective agreements or employment contracts fulfilled. The maximum duration of the ordinary working day is forty hours a week of effective work of average in annual computation. If you do more hours, they will be overtime.

You have the right to 30 natural days of vacation per year remunerated (equivalent to 22 working days). If you work less than one year, you are entitled to the proportional share.

You have the right to a minimum weekly rest Uninterrupted day and a half that, as a general rule, will be the afternoon of Saturday or, where appropriate, the morning of Monday and the full day of Sunday.

The company can accumulate this rest in periods of fourteen days (or longer, depending on the type of activity).

• Your company is prohibited from treating you badly or differently for any reason (sex, race, ethnicity, religion…)

• Your company cannot treat women differently or take any action against them because they are pregnant or breastfeeding.

• You have the right to respect for your privacy and due consideration for your dignity, including protection from harassment.

• Training: You have the right to receive information and training on hazards, methods of avoiding harm, and safety and health standards relevant to your workplace. The training should be conducted in a way that you can understand.

• Protective equipment: Your company must purchase and provide the protective equipment needed to carry out the work (such as a protective mask or gloves).

• In case of work accident or occupational disease, You are entitled to medical assistance and financial assistance while you are unable to work. If you believe that the accident or illness has been caused because the company has breached its obligations, you can file a complaint with the Labour Inspectorate.

• If you believe that your work poses a serious and imminent risk to your life or health, you have the right to interrupt your activity and leave the workplace.

They are basic obligations of the company:

• Request the worker’s discharge from social security before he or she begins work.

• Contribute to social security for all the hours worked and for all the remuneration paid to it.

If the company fails to comply with these obligations, it will not be able to access Social Security benefits, or it will receive them to a lesser extent than it would be entitled to.

Foreign persons who do not have nationality from a country of the European Union or the European Economic Area can only work, be registered and contribute to Social Security if they have authorization to work in Spain.

If you believe that your rights have been violated, you can file a complaint with the Labour and Social Security Inspectorate.

In this link you can find information on how to report, as well as a reporting model in various languages:

The Labour and Social Security Inspectorate will consider the origin of the complaint to be confidential.

In addition, if the entrepreneur dismisses him without cause after the filing of the complaint, the decision of the company will be deemed null and void.

In the case of having been working in Spain for a minimum period of six months in the last two years, you can collaborate with the Labour and Social Security Inspectorate by filing a complaint about these facts. Once checked, you can apply for temporary residence authorisation for exceptional circumstances of cooperation with authorities, reasons of national security or public interest. This authorization will enable you to work legally in Spain.