spain

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2022 Score

90

Score Increase

2020 Score

87.5

Rating

Approaching
Decent Work

Fair
Wages

40

Decent
Working Hours

100

Employment
Security

80

Family
Responsibilities

100

Maternity
at Work

100

Safe
Work

100

Social
Security

80

Fair
Treatment

100

Child &
Forced Labour

100

Trade
Union

75

1. Fair Wages
2. Decent Working Hours
3. Employment Security
4. Family Responsibilities
5. Maternity at Work
6. Safe Work
7. Social Security
8. Fair Treatment
9. Child & Forced Labour
10. Trade Union

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?Yes1§1, 11(1-2), 26(3), 27 & 31 of the Workers' Statute, 2/2015; §5 & 40 of the Royal Legislative Decree No. 5/2000
Does the law require regular payment of wages?Yes1§26 & 29 of the Royal Decree No. 2/2015 enacting the Worker's Statute
Does the law require overtime compensation be at least 125% of the regular hourly rate?No0§35(1) of the Royal Decree No. 2/2015 enacting the Workers' Statute
Does the law require additional compensation for working on a weekly rest day?No0§35(1) of the Workers' Statute, 2/2015; §47 of Royal Decree 2001/1983
Does the law require additional compensation for night work?No0§36(1-4) & 34(7) of the Workers' Statute, 2/2015; §26 of the Law No.31/1995; Royal Decree 1561/1995

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§34 & 35 of the Workers' Statute, 2/2015
Does the law restrict maximum working hours including overtime to 56 hours per week?Yes1§35(2) of the Royal Decree No. 2/2015 enacting the Workers' Statute
Does the law require a weekly rest of at least 24 hours?Yes1§34(3, 4 & 7) and 37(1) of the Workers' Statute, 2/2015
Does the law require paid public holidays?Yes1§37(2) of the Workers' Statute, 2/2015; Resolución de 16 de octubre de 2018
Does the law require at least three working weeks of paid annual leave?Yes1§38(1-2) of the Workers' Statute, 2/2015; §9(7) of the Royal-Decree 1620-2011

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§8-16 of the Workers' Statute, 2/2015
Does the law restrict the hiring of fixed-term contract workers?Yes1§15(1b) Workers' Statute, 2/2015; Law 35/2010 of 17 September 2010
Does the law limit the length of probation period including renewals to a maximum of 3 months?Yes1§14 of the Workers' Statute, 2/2015
Does the law require a 30-day notice before contract termination?No0§51(1), 53(1c), 54 & 55 of the Workers' Statute, 2/2015
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?Yes1§33(8), 49(1c), 51-56, 49(1c) and Thirteenth Transitory provision of the Workers' Statute, 2/2015

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?Yes1§46(3) & 13th Transitory provision, Workers' Statute, 2/2015; Act 26/2015 on Parental leave; Royal Decree-law 6/2019
Does the law require at least one week of paid paternity leave for fathers?Yes1§2(18) & 3(4) of the Real Decreto-Ley Núm. 6/2019
Does the law require flexible work arrangements for workers with family responsibilities?Yes1§37(4) of the Royal Legislative Decree 2/2015 enacting the Workers' Statute
Does the law require paid nursing breaks?Yes1§37(4) of the Workers' Statute, 2/2015

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?Yes1§8 of the Organic Law 3/2007 of 22 March for Effective Equality between Women and Men
Does the law require paid maternity leave of at least 14 weeks?Yes1§48(4) & 37(4bis) of the Workers' Statute, 2/2015
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§7, 86 & 133 of the Royal Decree No. 1/1994 on Social Security General Act; §3- 4 & 8 of the Royal Decree No. 295/2009
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?Yes1§7, 86 & 133 of the Royal Decree No. 1/1994 on Social Security General Act; Royal Decree No. 295/2009
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§45(1d), 48(4), 53(4a, 4b & 4c.) & 55(5a & 5b) of the Workers' Statute, 2/2015

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§17, Law 31/1995 of 8 November on Prevention of Occupational Risks; §3, Royal Decree 773/1997 of 30 May on PPE
Does the law require the employer to train workers on health and safety issues?Yes1§19(4) of the Workers' Statute, 2/2015; §18 & 19 of the Law 31/1995; §8-10 of the Royal Decree 773/1997
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§26, Act No. 31/1995; General Law on Social Security 2015; §48(5), Workers' Statute 2/2015
Does the law provide for employment injury benefit?Yes1§201-203 of the General Law on Social Security, 2015

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1§204-215 of the General Law on Social Security, 2015
Does the law provide for a dependants'/survivors' pension?Yes1§216-234 of the General Law on Social Security, 2015
Does the law provide for unemployment benefit?Yes1Royal Decree No. 625/85 of 2 April 1985; General Law on Social security, 2015; Royal Decree-Law 8/2019
Does the law require paid sick leave for the first 6 months of sickness?No0§169-176 of General Law on Social security, 2015
Does the law provide for invalidity benefit?Yes1§193-201 of General Law on Social security, 2015

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§2, 28 (1, 2 & 3) of the Workers' Statute, 2/2015
Does the law prohibit sexual harassment in employment?Yes1§4(2e) & 54(2g) of the Workers' Statute, 2/2015; §7 of the Organic Law 3/2007 for effective equality; §184 of the Penal Code, 1995
Does the law prohibit discrimination in employment matters?Yes1§35(1) of the Spanish Constitution, 1978; §4(2)(c), 17, 28, 53(4), 55(5) & 68(c) of the Workers' Statute, 2/2015
Does the law allow women to do the same jobs as men?Yes1§45 and 46 in the drafting by Royal Decree-Law 6/2019; §4(1)(a) of the Workers' Statute, 2/2015; §35 of the Spanish Constitution, 1978
Does the law guarantee basic labour protections for gig economy workers?Yes1Title IV of the General Law on Social Security 2015; Self-employed Workers Statute, 2007

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§6(1 & 4) of the Workers' Statute, 2/2015
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§17 of the Organic Law on the General Organization of the Educational System, 1/1990
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§6(2-3), 7, 34(3-4) & 37(1) Workers' Statute, 2/2015
Does the law prohibit forced labour?Yes1§173, 177-bis & 312 of the Penal Code, 1995

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?Yes1§7 & 28 of the Spanish Constitution 1978; Freedom of Association Organic Law (11/1985); Workers Statute, 2/2015
Does the law allow workers to bargain collectively with employers through their representative unions?Yes1§4(1c) of the Workers' Statute, 2/2015; Ley De Creación Del Consejo Económico Y Social 1991
Does the law provide for the right to strike?Yes1§28 of the Spanish Constitution 1978; §4(1e) of the Workers' Statute, 2/2015; Royal Decree 17/1977 of 4 March, 1997 on labour relations
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§4(1e) of the Workers' Statute, 2/2015; Royal Decree 17/1977 of 4 March, 1997 on labour relations