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Knowing The Law In Spain

Work Permit

Harry King retired from corporate life in Britain to live in Spain. He would do so all over again if faced with the same decision, and now lives in Alicante. He is the author of a number of books including Going to Live in Spain, Buying a Property in Spain and Buy to Let in Spain.

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WORK PERMIT

For European Union nationals

An EU national does not require a permit to enter Spain for work. You can enter Spain as a tourist, register with the Spanish national employment office INEM and then have 90 days to find employment. It is possible to obtain an extension after that date, or leave Spain and re-enter for a further 90 days. Once a job is secured an employment contract is necessary to apply for a residencia. In actual fact it is a trajeta comunitaria which is a combined work permit and residencia. It also comes with an N1E. Surprisingly this is done by an employer. For people setting up a business simply start by obtaining a residencia and follow guidelines later in this chapter.

For non-EU nationals

A non-EU foreigner who wishes to work in Spain must obtain a visa before moving to Spain. Work permits can be obtained from the Foreigners’ Office (Oficinas de Extranjeros) or the provincial office of the Ministry of Labour (Delegation Provincial del Ministerio de Trabajo), if the foreign applicant is on Spanish territory. The provincial labour offices (Direciones Provinciales de Trabajo, Seguridad Social y Asuntos Sociales) will decide whether a work permit will be issued. If the foreign applicant is not in Spain the work permit is obtained from the Consular office of the applicant’s home country at the same time as obtaining a visa. Documents required for an application for a work permit are:

For an employee:

  • copy of valid passport;
  • certificate of criminal records issued by the authorities of the foreigner’s home country;
  • official medical certificate;
  • three passport-size photographs;
  • fiscal registration number (NIE) and the social security registration number of the employer;
  • a formal offer of employment;
  • full description of the job and the company activity.

For the self-employed:

  • copy of valid passport;
  • certificate of criminal records issued by the authorities of the foreigner’s home country;
  • official medical certificate;
  • three passport-size photographs;
  • full description of the job and the company activity;
  • proof of professional qualifications to perform the activity in Spain;
  • appropriate business licences, fiscal registration number (NIE) and social security registration number.

Types of work permit

Where the foreigner is an employee

  • Type A work permit: for seasonal or time limited work. This may entail a specific contract or a specific geographic area. Its maximum duration is nine months.
  • Type B initial work permit: enables the foreigner to work in a specific profession, activity and geographic area for a maximum period of one year.
  • Type B renewed work permit: issued to Type B holders once that has expired. It is an entitlement to carry on various professions or activities for a maximum period of two years.
  • Type C work permit: issued to Type B renewed work permit holders once that has expired. This entitles the foreign worker to perform any professional activity throughout Spain.

Where the foreigner is self-employed

  • Type D initial work permit: to carry on a specific activity for a maximum of one year. Spanish authorities can limit this to a specific geographic area.
  • Type D renewed work permit: issued to those Type D initial holders once it has expired. It entitles the holder to perform various professional activities for a maximum period of two years. Spanish labour authorities could limit this to a specific geographic area and/or a specific activity.
  • Type E work permit: issued to those holding the Type D renewed work permit once it has expired. This entitles the foreign worker to perform any professional activity throughout the Spanish Territory for a maximum period of three years.

Where the foreigner is an employee or self-employed

  • Type F work permit: to perform professional activities within Spanish borders provided they return daily to the foreign country of residence e.g. Gibraltar. This is issued for a maximum period of five years, after that it may be renewed.
  • Permanent work permit: enables foreign workers to perform any professional activity where they have the qualification required. The Type C or E work permit holders may obtain this work permit once theirs has expired. It is mandatory to renew this work permit every five years.
  • Extraordinary work permit: issued to non-EU foreign citizens who have helped the Spanish economic and cultural progress. It enables a foreign worker to perform any professional activity throughout Spain if they have the qualification required. This must be renewed every five years.

CASUAL AND SEASONAL, PART-TIME OR FULL-TIME AND PROFESSIONAL WORK

Casual and seasonal work

This type of work is ideal for anyone who has not firmed up a long-term life plan, or who seeks a few euros while enjoying life in the sun. It is not too easy to come by, usually involves lots of asking around, and may need a personal recommendation. Casual work is more likely to be found in tourist regions where there is a seasonal demand for labour. It is likely to be paid in cash by an employer not wishing to incur any social security costs. When business demand is low – no work, but the employer will be happy to welcome the employee back when tourists return.

It can be easy to get carried away by the seemingly casual lifestyle, a laid-back approach and amicable sales methods in tourist areas, but remember it is profit and customer service that counts. Don’t assume that working for an English speaking Northern European gives added security. Spain is full of ex-pats who for one reason or another have decided to make a living through running a bar or a shop where the business is often very fragile or seasonal.

Examples of casual or seasonal work are:

  • villa servicing and cleaning;
  • promotional work;
  • nursing and auxiliary nursing in hospitals, clinics and nursing homes;
  • bar, restaurant and hotel work;
  • holiday rep with a major tourist company. This is one of the best sources of seasonal work for foreigners. Competition for jobs is fierce and some Spanish fluency is usually necessary. Most companies have an age requirement.

Part-time and full-time work

For someone staying long-term, some help may be found from the few, relatively new, employment agencies, but asking around is also essential. Without a command of the language employment is again restricted to holiday regions. Procedures for finding a job are exactly the same as back home. Newspaper adverts, employment agencies, direct contact with companies, word of mouth and personal contact are all necessary. A good CV in English and Spanish, to sell your skills, is helpful. Working full- or part-time involves a different working day, correct business etiquette, payment of social security and income tax. Examples are:

  • office work;
  • English type supermarkets;
  • journalism and advertising with local English newspapers and magazines;
  • teaching English;
  • working in an estate agent’s office.

People who are fluent in Spanish and English can find work in the major cities as translators where the task involves business correspondence, or assisting Northern Europeans with some Spanish paperwork, or even at police stations on busy market days where petty theft is common and an interpreter necessary.

British entertainers often report a lack of motivation and an authoritarian style while working for Spanish employers. Other people too question the less than democratic skills and employment practices of Spanish companies. ‘Unquestionably sharp’ is a phrase often used to describe abuse of employment contracts in a situation where an unsuspecting foreigner does not fully understand employment law.

Professional qualifications

Professionals whose training consisted of at least three years’ degree level education plus job-based training require their qualifications to be recognised subject to any professional codes and limitations in force. For example doctors must have their qualifications accepted by the medical college of the province where they intend to practice. They must also show that they are in good standing with the professional authorities in their country of origin.

All EU member states issue occupation information sheets containing a common job description with a table of qualifications. These cover a large number of trades and are intended to help someone with the relevant qualifications look for employment in another EU country. In order to have their qualifications recognised in Spain homologiacion is necessary (see Chapter 3). The starting point for information regarding the official validation of qualifications and the addresses of Spanish professional bodies is obtainable from the education department of Spanish consulates.

Teaching

Staying long-term in Spain? Then the chances of finding teaching work are considerably better than for any other profession although this obviously depends on qualifications and experience. Teaching English is big business. Spanish nationals wish to have a second language. For commercial reasons it has to be English. There is a constant demand for teachers. People with a Teaching English as a Foreign Language qualification or English as a Second Language certificate can find a job quite easily. Where demand outstrips supply in the big cities a graduate native English speaker can get a job without other qualifications. Some of the opportunities are:

  • Private language schools in Spain offer English classes for both adults and children.
  • English teachers and teachers employed in language schools supplement their income by giving private lessons.
  • The British Council in Madrid recruits English language teachers and supervisory staff for two-year placements in its language centres in Barcelona, Bilbao, Granada, Las Palmas, Madrid, Oviedo, Palma de Mallorca, Segovia, Seville and Valencia.
  • Being a language assistant enables students from Britain and more than 30 other countries to spend a year working in a school or college in Spain assisting language teachers.
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