Spain has one of the largest and fastest growing computer and software engineering markets in Europe. The country is a major hub for tech startups and has seen record investments over the past five years. The Spanish IT market is expected to be worth $26.3 billion by the end of 2021, including COMPUTER equipment, software and IT services. Although the number of IT professionals in Spain has increased by 67% over the past decade, the country suffers from a significant shortage of technical talent to meet demand, and IT skills are on the official list of professions in shortage, which means that expatriate IT entrepreneurs face a plethora of job opportunities. This contract must last at least six months, but must not last more than two years. Hello, I saw that you said that you do not need a visa to work in Spain for 3 weeks. I am just wondering how long you, as a non-EU citizen, can stay in Spain while working remotely without the need for a visa. Thanks in advance! Spain has also adopted new rules to ensure the well-being of employees working remotely (Teletrabajo). For example, labour laws now provide that employees have the right to privacy and can disconnect from their work activities outside of working hours. Employees are also entitled to digital separation outside of working hours and on vacation. In short, if you`re off the clock, you usually have the right not to answer your phone, even if it`s your work phone and your emails or social media posts.
To help contract professionals to be in the best possible position with regard to international treaties, we describe some of the legal requirements of different countries. In this first part of this mini-series exclusively for ContractorUK, we look at Spain – a destination that is currently experiencing an increase in demand for British entrepreneurs. Hey, I work for a German company and I have the EU Blue Card. I plan to work from Spain for 2 weeks and then take a week`s vacation. Do I have to take care of a visa for the first two weeks of my work? These contracts are generally intended for employees over 16 and under 21 who do not have the qualifications required to draw up an internship contract. This change is important because, although Spain ranks in the top 10 of the World Economic Forum`s Global Gender Gap Index, it still has a significant gender pay gap. While men who worked full-time earned an average of €29,400 per year, women had an average annual salary of €26,300. What is needed to remain compliant, however, will now vary from country to country, and it is crucial that UK entrepreneurs are not drawn into the false belief that they can use an “internationally viable” holding company solution, as there is simply not one that is compliant. Extended leave occurs when an employee requests the suspension of their employment contract.
As a result, the employer and the employee have a professional relationship, but the employee is not obliged to work and the employer does not have to pay them wages. It can be mandatory or voluntary. If it is the latter, at least one year of service in the company is required. Extended leave can last between two and five years. With Brexit and IR35 already leaving their mark, British entrepreneurs are increasingly considering contracts abroad. Temporary workers looking for Spain will find a sunnier climate, a better work-life balance and economic opportunities, especially in certain sectors – and much more. Your employer in Spain may ask you to perform tasks that are higher or lower than those specified in the contract. However, if the assignments are in a higher category, you may be eligible for an increase and promotion.
Employers must comply with the requirements and procedures laid down in labour legislation when amending contracts. Otherwise, the employee has the right to terminate the contract with compensation. Non-EU citizens moving to Spain can apply for different types of work visas depending on the duration and type of employment. Those who work in occupations in shortage such as medicine, computer science, engineering, sales, management and shipping can be classified as “highly skilled” and can benefit from faster visa processing and approval. Shield GEO has experienced employers in Spain who can offer fully compliant employment without the risk of hiring contractors. EOR manages Spanish employment on your behalf and ensures compliance and employee satisfaction. Spanish legal employment contracts can be written or oral. However, Spanish labour law requires that certain employment contracts be drawn up in writing, such as.B. fixed-term employment contracts, contracts with special employment relationships (e.g. B, lawyers, senior managers and commercial agents) and part-time contracts. The State Public Employment Service (SEPE) should receive the contract within 10 days of the entry into force of the contract.
Employees who are at least 18 years of age can sign an employment contract. People between the ages of 16 and 18 need permission from a parent. It is not legal for people under the age of 16 to work in Spain. Spanish labor legislation has specific protocols for specific cases where an employee can be fired, so-called objective cases. This type of layoff usually occurs during an economic downturn. If an employer wishes to terminate an employee`s contract due to an objective dismissal, the employee may receive 20 daily wages (maximum 12 months` salary) for each year in which he or she worked for the company. This compensation amounts to 45 days in the event of unjustified dismissal (without justified reason). I am freelance/freelance and all my work is done remotely via Zoom. All my work is for a UK-based company. I earn about 2k per month. My wife is a nurse, but I don`t think her qualification is recognized in Spain. We want to move to Spain in a year or two and I want to continue working remotely, as a freelancer, etc., but I don`t know what is the best way? Should I apply for a self-employment visa or a non-profit visa? What should my wife ask? I don`t know if it`s maters but we also have 2 children.
The Spanish government is considering new regulations in 2021 that would limit fixed-term contracts to a maximum of six months or one year. This is to prevent companies from letting employees work indefinitely on a fixed-term contract. For all non-European professionals who wish to work in Spain, there are a number of visa options, but for most professional entrepreneurs looking for opportunities in the country, the options include a long-term work visa and the EU Blue Card. Non-residents – people who work in Spain for less than three months or retain non-resident status for other purposes – are only subject to non-resident income tax (NRIT) on their Spanish income. Workers can also be hired as entrepreneurs in Spain, which is easier for the BRITISH company in many ways. But there is a risk in this method of hiring with former employees, because there would be a history of employment. The former employee could claim an incorrect classification under Spanish law and that he is still treated as an employee but has lost all his benefits. assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/507409/spain-dtc_-_in_force.pdf Spanish labour law requires an employer or employee who wishes to terminate an employment contract to comply with a notice period of at least 15 days in writing.
This rule does not apply to interim contracts or trial periods. The contract may provide for a longer period of notice. It seems that all Spanish embassies suddenly say that remote work is not allowed, so they reject NLV applications to the end. How can you prove to the message that it is indeed allowed? Some people come here or want to come here while working remotely while looking for future investments. In South Africa, when they spy on you, when they think about working in your current job, and/or online, they reject you. People need help or a clause stating that it is not forbidden – working and earning on Spanish soil is understandable. If you spend 2 weeks in Spain and have residency rights in another EU country, no special visa is required from you, no matter what you do while you are here, unless the two weeks of remote work here include a contract from a company in Spain. I do not understand why they refuse this type of visa for remote workers, is it not good for the Spanish economy to have people who are able to feed themselves and spend the money they earn by working for another country on their soil? I haven`t started this visa process yet and I`m from Mexico, but I guess it could be the same.
Reading the comments discourages self-employed 🙁 workers from applying for a work visa at a Spanish consulate or embassy. Work visas are valid for one year, but can be renewed if all conditions are still met at the end of the year. Contractors must provide the following documentation: If the business you work for becomes a new property, your employee contract will automatically be passed on to the new owner. This means that the new employer must respect all existing labour and social security rights and obligations. Old and new employers must inform the representatives of the workers concerned by the transfer of the planned date, the reasons for the transfer and the consequences for the employees. This information must be shared before the transfer affects the employment and working conditions of employees. The pandemic has radically changed a lot of things in our lives and especially in the way we work. Many of us are now working from home since the arrival of Covid-19, and this trend will continue.