Hiring in Spain
Confirm the legal arrangement, the applicable collective agreement and the complete employment budget.
Article 43 of Spain’s Workers’ Statute restricts hiring workers for temporary supply to another business to duly authorised temporary employment agencies. It also describes circumstances constituting unlawful worker supply. Ask how the proposed arrangement meets Spanish law and who exercises the employer’s responsibilities.
Read Article 43 in the BOE1. Define the role and location
Give every provider the same duties, work location, salary, benefits and expected start date. Confirm the employee’s right to work and any restrictions relevant to their circumstances.
2. Establish the contract framework
Ask which collective agreement, or convenio colectivo, applies and why. Get the legal employer’s identity and the responsibilities of every party in writing. Have the proposed arrangement reviewed for the actual facts of your hire.
3. Agree pay and leave
Confirm annual gross compensation, the treatment of additional salary payments, working hours, leave and holidays. Article 31 provides for two additional payments, with their amount set by collective agreement; that agreement may permit proration into twelve monthly payments. Article 38 provides a minimum of 30 calendar days of paid annual leave.
Salary payments · Annual leave
4. Prepare payroll
Ask for the payroll cutoff, funding schedule, required employee documents and registration steps. Compare an itemised estimate of employer social security, benefits and service fees. Confirm how payroll corrections and employee questions are handled.
5. Plan changes and the exit
Before signing, ask the provider to explain notice, termination procedures, potential compensation and transfer to your own entity. Price any support or administrative charges separately. Employment protections do not disappear when the commercial EOR agreement ends.
Sources checked 30 September 2026. General buying guidance, not a legal opinion about a particular employment arrangement.