Employment contract in Spain for foreigners

An employment contract in Spain for foreigners is the legal basis that allows citizens from outside the country to work and reside on a regular basis. It formalizes the employment relationship with the company and is essential to obtain residence and work permits.

At Seegman, as lawyers specialized in immigration and employment contracts, we know that understanding the requirements of an employment contract for foreigners in Spain is key to avoiding administrative refusals and protecting the rights of those who come to work in the country.

Who needs an employment contract in Spain

Any foreign national who wishes to work in Spain and who does not belong to the European Union, the European Economic Area or Switzerland must have a valid employment contract. However, not all foreigners have the same obligations when it comes to signing an employment contract in Spain.

• Non‑EU foreigners: they are required to have an employment contract for non‑EU foreigners in order to apply for their residence and work permit.
• Citizens of the European Union, the EEA or Switzerland: they can work without authorization, but they must still formalize a valid employment contract.
• Foreigners with a student visa or non‑lucrative residence: in our experience, many are unaware that they must change their administrative status before they can legally work in Spain.

 

In short, what a foreigner needs in order to work legally in Spain depends on his or her personal situation and on whether or not he or she belongs to the EU.

 

Types of contracts available for foreigners

The types of contract available to foreigners in Spain are the same as for Spanish workers, but the choice may affect the processing of permits. At Seegman, thanks to our extensive experience in immigration and employment matters, we always recommend analyzing each case in detail to choose the most appropriate option:

• Permanent contract: offers stability and is the most highly valued when applying for long‑term residence.
• Temporary contract: fits specific business needs, although it may involve more administrative procedures.
• Internship or training contract: widely used for young profiles and for those seeking to validate their initial experience.
• Part‑time contract: useful for those who combine work and studies or who are looking for additional income.

 

Legal requirements to sign an employment contract

Before signing a contract, it is essential to know the legal requirements for signing an employment contract in Spain as a foreigner. The regulations lay down specific conditions that must be met for the contract to be valid and for the employment relationship to be recognized by the authorities. At Seegman, as experts in immigration and employment law, we are often asked: what are the requirements of an employment contract in Spain for foreigners? And, from our experience, we have seen that many visa or permit refusals are due to these initial steps not being carried out correctly.

• Hold a NIE (Foreigners’ Identification Number).
• Have a valid residence and work authorization.
• Be registered with Social Security.
• Have a valid and authorized job offer if you are a non‑EU citizen.

 

Basic procedures before and after signing the contract

The procedures for signing an employment contract in Spain are an essential part of the hiring process for foreigners. From applying for the residence and work authorization, to registering the contract with the SEPE (Public Employment Service) or obtaining the Foreigner Identity Card (TIE), every step must be carried out correctly and in the proper order. In our professional practice, properly guiding workers and employers through these procedures prevents delays and possible administrative penalties.

Before signing:

• Application for the work authorization by the company.
• Visa processing at the consulate in the country of origin, where required.

 

After signing:

• Registration with Social Security.
• Registration of the contract with the SEPE.
• Application for the Foreigner Identity Card (TIE), a step that, in our daily practice, often raises questions from workers and which we support on a personalized basis.

 

Rights and obligations of foreign workers

Signing an employment contract in Spain not only enables foreigners to work legally, it also guarantees access to a series of benefits recognized by law. The rights and obligations of foreign workers in Spain are exactly the same as those of any Spanish national. However, at Seegman we have found that many clients are not familiar with these aspects, which can lead them to accept unfavorable terms or to fail to comply with obligations without being fully aware of it.

Below we set out the rights and obligations of every foreign worker:

• Right to receive at least the Minimum Inter‑Professional Wage (SMI).
• Right to equal treatment and not to suffer discrimination.
• Social Security coverage: sick leave, unemployment, retirement.
• Right to rest periods and to a working day regulated by law.
• In return, the worker must comply with:
• Tax and social‑security contribution obligations.
• Compliance with the company’s internal rules.
• Performance of the tasks set out in the contract.

 

At Seegman, our experience as an employment law firm has shown us that many foreign workers are unaware of some of these rights, which may lead them to accept conditions less favorable than those permitted by law.

 

Common mistakes when managing a contract and how to avoid them

Signing an employment contract as a foreigner may seem straightforward, but in practice it often leads to frequent mistakes that complicate both the employment and administrative situation. Among the most common mistakes when managing an employment contract in Spain are signing without residence authorization, failing to register with the relevant institutions or even accepting unclear job offers.

At Seegman we are familiar, first‑hand, with the difficulties foreigners face when managing their employment contracts; we know these situations thoroughly and offer solutions to prevent them before they cause bigger problems. Some common mistakes we detect in our practice are:

• Signing a contract without residence authorization: this invalidates both the visa and any future permit.
• Failing to register the contract with the SEPE: which may affect contributions and future benefits.
• Not reviewing specific clauses: accepting abusive terms due to lack of knowledge of the regulations.
• Relying on unclear job offers: something that, in our experience, leads to employment fraud.

 

How to avoid them:

• Always verify that the company is registered and authorized to hire.
• Obtain specialized legal advice. At Seegman, as lawyers specialized in immigration and employment matters, we review each contract to ensure that it meets all legal requirements.
• Carry out the administrative procedures in an orderly manner with complete documentary support.

 

The employment contract in Spain for foreigners is not just an administrative requirement: it is the foundation for ensuring job stability and a future of legal residence in the country.

With Seegman’s legal support, specialists in immigration and employment contracting, we ensure valid and secure contracts, helping our clients so that their process is safe, swift and error‑free.