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Spain · Social Security & Labour

Social Security
& labour rights

Spain's Seguridad Social system (Seguridad Social) is one of the most comprehensive in Europe. As an employee in Spain you contribute monthly and in return access healthcare, unemployment benefit, sick pay, birth and childcare leave (nacimiento y cuidado del menor) and a future pension. This guide explains what you pay, what you get, and your key rights as an employee.

✓ Updated 2026 — 2026 contribution bases and rates

How the Spanish Seguridad Social system works

Spain operates a contributory social security system — you pay in during your working life and draw benefits when you need them. Both employees and employers contribute monthly to the Tesorería General de la Seguridad Social (TGSS).

There are several regimes within the system. As an employed professional you will almost certainly be in the Régimen General (General Scheme). Freelancers and self-employed workers belong to the RETA (Régimen Especial de Trabajadores Autónomos).

🏥
Sanidad (Asistencia Sanitaria)
Access to the full Spanish public health system (SNS) for you and your dependents. Free at point of use.
🤒
Sick pay (Incapacidad Temporal)
From day 4 of illness: 60% of base salary. From day 21: 75% of base salary. Paid by Seguridad Social.
👶
Birth and childcare leave
19 weeks for each parent (2026), 100% salary replacement. It's an individual, non-transferable right, equal for both parents since 2021 — no longer called "maternity" or "paternity" leave.
📉
Unemployment (Desempleo)
70% of base salary for first 6 months, 60% thereafter. Requires minimum 1 year contributions.
🏖️
Pension (Jubilación)
Contributory pension at 66 years and 10 months in 2026 (67 from 2027) — or at 65 if you have contributed at least 38 years and 3 months (38 years and 6 months from 2027). Based on contribution years and base salary.
⚡
Work accident (AT/EP)
Special enhanced protection for accidents at work and occupational diseases. 75% salary from day 1.

Contribution rates — employee & employer (2026)

Seguridad Social contributions are calculated on your base de cotización — broadly your gross salary, subject to minimum and maximum limits. Both you and your employer pay a percentage each month.

ContingencyEmployee paysEmployer paysTotal
Common contingencies (enfermedad, jubilación, etc.)4.70%23.60%28.30%
Unemployment (desempleo)1.55%5.50%7.05%
Professional training (formación profesional)0.10%0.60%0.70%
FOGASA (wage guarantee fund)0%0.20%0.20%
Intergenerational Equity Mechanism (MEI)0.15%0.75%0.90%
TOTAL6.50%30.65%37.15%

Unemployment rates shown are for a permanent (indefinido) contract; on temporary contracts they are 1.60% employee / 6.70% employer. On top of the total, the employer also pays a work-accident premium (AT/EP) that varies with the activity.

ℹ Contribution bases — min & max (2026)

Minimum base: €1.424,40/month (tied to SMI 2026). Maximum base: €5.101,20/month — your pension-generating contribution is capped at this salary level. This cap also limits your future pension entitlement.

⚠ Earning above the maximum base? There's now an extra "cuota de solidaridad"

Since January 2025, for employees (not self-employed) earning above the maximum base (€5.101,20/month), an additional solidarity contribution is due on the excess — introduced by the 2023 pension reform (RDL 2/2023) and increasing gradually every year until 2045. As with regular contributions, it is shared: roughly 5/6 is paid by the employer and 1/6 by the employee. Unlike your regular contribution, this one does not increase your future pension — it's a pure solidarity payment. For 2026, the rates on the portion of salary above the maximum base are:

Excess over maximum baseTotal rate (2026)EmployerEmployee
Up to 10% above the max. base1,15%0,96%0,19%
10% to 50% above the max. base1,25%1,04%0,21%
More than 50% above the max. base1,46%1,22%0,24%

What it really costs — example with €60.000 gross salary

ConceptMonthlyAnnualWho pays
Employee SS contribution (6.50%)€325€3.900Employee (deducted from payslip)
Employer SS contribution (30.65%)€1.533€18.390Employer (on top of gross salary)
Total SS cost on €60K salary€1.858€22.290Employee + Employer
True cost of an employee earning €60K gross€6.533€78.390Employer (salary + SS)
✦ Key insight for negotiations

When negotiating salary in Spain, always think in terms of gross annual salary (salario bruto anual). Employers think in terms of total cost (gross + SS). The SS employer contribution adds approximately 31% on top of your gross (plus the AT/EP premium) — a €60.000 gross salary costs the company ~€78.400 total.

SS contribution calculator

Calculate your exact Seguridad Social contributions and take-home salary based on your gross annual salary.

Seguridad Social & net salary calculator

2026 rates

Estimate for a single employee in Madrid (personal allowance €5,550, €2,000 work expenses, no family allowances). Self-employed workers (RETA) pay by income bracket and are not included.

Gross salary
—
Annual
Total deductions
—
SS + IRPF
Net salary
—
per month
Full breakdown
Gross annual salary—
SS employee contribution (6.50%)—
IRPF income tax—
Net annual salary—
Employer SS cost (30.65% on top)—
True total cost for the company—

Main benefits — what you get

BenefitEligibilityAmountDuration
Sanidad (SNS)Registered with SS from day 1Free public healthcareIndefinite while contributing
Sick pay — common illness180 days contributed in last 5 years60% base (days 4-20) → 75% (day 21+)Up to 12 months (extendable to 18)
Sick pay — work accidentNo minimum — from day 175% of base salary from day 1Up to 12 months (extendable to 18)
Birth and childcare leaveAge 26+: 180 days contributed in the last 7 years (or 360 over your working life); 90 days (or 180) for ages 21-25; none under 21100% of base salary19 weeks each parent (32 for single-parent families)
Unemployment benefitMinimum 360 days contributed in last 6 years70% base (first 6mo) → 60% thereafter4 months to 2 years depending on contributions
Retirement pension15 years minimum contributionsBased on contribution historyFor life
Death & survivors500 days contributed in last 5 yearsWidow/widower: 52-70% pension baseFor life (widower) or until circumstances change
✓ Your sick pay, day by day

"Who pays" and "how much" are easy to mix up when read separately — here they are together:

Days of leaveHow much you getWho pays it
1 to 3NothingNo one (unless your convenio says otherwise)
4 to 1560% of your base reguladoraYour employer
16 to 2060% of your base reguladoraSeguridad Social (though it usually still shows up on your payslip — this is called "pago delegado")
From day 2175% of your base reguladoraSeguridad Social

Many collective agreements (convenios colectivos) require employers to top sick pay up to 100% of your real salary from the first days — always check your sector's convenio, since it makes a real difference to the final amount.

Birth and childcare leave (permiso de nacimiento) — what you need to know

ℹ No longer called "maternity" or "paternity" leave

Since 2021, both leaves were merged into a single right — permiso por nacimiento y cuidado del menor — individual and non-transferable for each parent, with identical duration for both. Real Decreto-ley 9/2025 extended it from 16 to 19 weeks per parent, effective July 2025.

AspectDetail
Duration — each parent19 weeks: 17 within the first year + 2 additional flexible weeks usable until the child turns 8 (available from 1 January 2026)
Single-parent families32 weeks total
Mandatory periodFirst 6 weeks must be taken immediately after birth/adoption, uninterrupted
Flexible periodThe rest of the first-year weeks can be taken in blocks until the child is 12 months old; the 2 additional weeks can be used any time until the child turns 8
Payment100% of base de cotización — paid directly by Seguridad Social, not the employer
Who can take itBoth biological parents, adopters, foster carers — regardless of gender or sexual orientation
Part-time optionFlexible period can be taken part-time (50% of days) with employer agreement
ApplicationApply at sede.gob.es or your INSS office — do it before the birth if possible

Certificate A1 / CoC — for international assignments

If you are posted to Spain by a foreign employer — rather than directly hired by a Spanish company — you may be able to remain in your home country's Seguridad Social system during your assignment, instead of joining the Spanish system.

The Certificate A1 (within the EU/EEA) or Certificate of Coverage (CoC) (in countries with bilateral agreements) is the document that proves you are already covered by another country's SS system and therefore exempt from Spanish contributions.

⚠ Get this BEFORE you leave

The A1/CoC must be obtained before your assignment starts. It cannot be backdated. If you arrive in Spain without it and start working, you may be required to contribute to Spanish SS for the entire period — even retroactively.

ScenarioDocument neededMax. durationWho applies
Posted from EU/EEA/Switzerland to SpainCertificate A1 (under Regulation 883/2004)24 months (extendable)Employer in home country
Posted from country with bilateral agreementCertificate of Coverage (CoC)Varies by agreement (typically 2-5 years)Home country SS authority
Posted from country without agreementNo exemption available—Must join Spanish SS from day 1
✦ Why this matters financially

If your employer pays SS contributions in your home country AND you have to join Spanish SS, your employer pays double Seguridad Social — once in each country. For a salary of €80.000, this could mean €24.000/year in duplicate SS costs. The A1/CoC eliminates this completely. Always check with your company's mobility team.

Bilateral Seguridad Social agreements

Spain has bilateral Seguridad Social agreements with 26 countries (per the official Seguridad Social registry). These agreements determine which country's SS system applies and allow totalisation of contribution periods in most cases — meaning years contributed in each country count towards pension eligibility in both. Exception: the agreement with China (in force since 20 March 2018) only determines which country's legislation applies, mainly to posted workers (initially 72 months), and contains no totalisation of periods.

🇦🇩 Andorra
🇦🇷 Argentina
🇦🇺 Australia
🇧🇷 Brazil
🇨🇻 Cape Verde
🇨🇦 Canada
🇨🇱 Chile
🇨🇳 China
🇨🇴 Colombia
🇰🇷 South Korea
🇪🇨 Ecuador
🇺🇸 United States
🇵🇭 Philippines
🇯🇵 Japan
🇲🇦 Morocco
🇲🇽 Mexico
🇲🇩 Moldova
🇵🇾 Paraguay
🇵🇪 Peru
🇩🇴 Dom. Republic
🇷🇺 Russia
🇸🇳 Senegal
🇹🇳 Tunisia
🇺🇦 Ukraine
🇺🇾 Uruguay
🇻🇪 Venezuela
✓ What about the UK, Switzerland, Norway?

UK: a bilateral convention has existed since 1975 (signed in 1974; it also names Jersey, Guernsey and the Isle of Man). For the UK itself it was superseded by EU coordination, and its practical relevance today is mainly for Jersey and the Isle of Man, which were never covered by EU rules — check with the Seguridad Social whether it applies to your case. For the rest of the UK, coverage since Brexit runs through the Social Security Coordination Protocol of the Trade and Cooperation Agreement — a separate mechanism with its own posted-worker rules. Switzerland, Norway, Iceland and Liechtenstein: covered through EU/EEA-EFTA coordination rules, not a bilateral treaty either. The practical effect for totalisation is similar to a bilateral agreement in all these cases, but the legal instrument is different from the 26 classic "convenios bilaterales" above.

ℹ Totalisation — your pension across two countries

If you worked 8 years in Spain and 12 years in the US, the bilateral agreement allows both countries to consider your total 20 years of contributions when assessing pension eligibility. Each country then pays a proportional pension. Without the agreement, you might not reach the minimum in either country to qualify for anything.

Your labour rights as an employee in Spain

Spain has one of the most comprehensive employee protection frameworks in the EU. The Estatuto de los Trabajadores (Workers' Statute) sets out your minimum rights. Many of these can be improved by collective agreements (convenios colectivos) for your sector — but never reduced below the legal minimum.

Annual leave
22 working days
Legal minimum. Many convenios provide 25-30 days. Calculated from your start date — you accrue proportionally in your first year. Cannot be replaced by cash payment (except on termination).
Public holidays
Up to 14/year
Legal maximum of 14 a year (art. 37.2 ET), of which 2 are local holidays set by each town; the rest are national and regional days fixed in each region's calendar. Madrid 2026: 12 regional-calendar days (including 2 May, Fiesta de la Comunidad de Madrid) + 2 local ones (in Madrid city, e.g. San Isidro). If a holiday falls on a weekend, it is not automatically moved to the following Monday — each region decides.
Maximum working hours
40 hrs/week
Legal maximum. Overtime is limited to 80 hours/year and must be compensated (either paid at standard rate or time off). Many knowledge workers in practice work more — but legally this is the cap.
Minimum wage (SMI)
€1.221/month
2026 figure. Paid in 14 instalments (12 monthly + 2 bonus payments). Gross, before SS and IRPF deductions. The SMI is reviewed annually.
Probation period (período de prueba)
Up to 6 months
Qualified professionals: up to 6 months. Other workers: up to 2 months (SMEs up to 3 months). During probation either party can terminate without notice or compensation.
Notice period
Set by convenio
For resignation, the Estatuto sets no fixed figure: you must give the notice set by your convenio colectivo or local custom (art. 49.1.d ET) — 15 days is common. Many contracts specify longer periods (1-3 months for senior roles). Employer notice on dismissal varies by cause and seniority.
Bonus payments (pagas extra)
2 per year minimum
By law, 2 extra monthly payments per year — typically June and December. Total annual salary = 14 monthly payments. Many contracts allow these to be "prorrateadas" (spread monthly).
Remote work (teletrabajo)
Right to request
Since 2021, employees working remotely more than 30% of their time have the right to a written telework agreement. Employers must provide and maintain all necessary equipment. Costs cannot be charged to the employee.

Spain vs. other countries — leave comparison

🇪🇸
Spain
22
working days leave
🇺🇸
United States
0
legal minimum
🇬🇧
United Kingdom
28
working days leave
🇩🇪
Germany
20
working days leave
🇫🇷
France
25
working days leave
🇲🇽
Mexico
12
working days leave
🇦🇷
Argentina
14
calendar days leave
🇧🇷
Brazil
30
calendar days leave

Types of employment contract

The 2021 labour reform significantly simplified Spain's contract system. There are now essentially two main types of contract, with some specific modalities.

Contract typeDurationWhen usedSeverance on termination
Indefinido (permanent)No end dateStandard contract for ongoing work. Default option after 2021 reform.33 days/year worked (unfair dismissal)
Temporal — by production circumstancesMax. 6 months (extendable to 12 by sector convenio)Specific peak work or unforeseen increase in activity12 days/year worked
Temporal — substitutionDuration of absenceReplacing an employee on leave (birth/childcare leave, sick, etc.)None at end of contract (art. 49.1.c ET)
Training contract (formativo)3 months to 2 yearsFor workers under 30 or with new professional certificatesNone at end of contract (art. 49.1.c ET)
Part-time (parcial)Permanent or temporaryLess than full working hours. Must specify exact hours in writing.As per contract type
⚠ Post-2021 reform: temporal contracts strictly limited

Since the 2021 labour reform, misuse of temporary contracts is heavily penalised. If an employer gives you a temporary contract for what is actually ongoing structural work, it will be presumed permanent by law. If you have been on a series of temporary contracts for more than 18 months in a 24-month period with the same company, you automatically become indefinido.

Understanding your Spanish payslip (nómina)

Your monthly payslip (nómina) can look confusing at first. Here is what the main sections mean.

Section / LineWhat it means
Salario baseYour base monthly salary as per contract
Complementos salarialesAdditional payments: bonuses, allowances, overtime, transport supplement
Prorrata pagas extraMonthly spread of your 2 annual bonus payments (if prorrateadas)
Total devengadoTotal gross earned this month (base + all complements)
Contingencias comunes (4.70%)Your SS contribution for health, pension, etc.
Desempleo (1.55%)Your SS contribution for unemployment cover (1.60% on temporary contracts)
Formación profesional (0.10%)Your SS contribution for professional training
MEI (0.15%)Intergenerational Equity Mechanism — an extra contribution to the pension reserve fund
IRPF retention (%)Monthly income tax withholding. Rate set by AEAT based on your annual salary and personal circumstances.
Total deduccionesSum of all deductions (SS + IRPF)
Líquido a percibirYour net take-home pay — what arrives in your bank account
ℹ IRPF withholding rate

Your employer withholds income tax (IRPF) monthly at a rate calculated by the AEAT based on your expected annual salary and personal situation. If you qualify for the Beckham Law, your IRPF withholding rate is a flat 24%. Without Beckham, it ranges from ~15% to 45% depending on salary. You file your annual tax return (renta) in April-June to reconcile.

Dismissal & severance — what you need to know

Spanish employment law is significantly more protective of employees than in many countries, particularly the US and UK. Dismissal is heavily regulated and wrongful dismissal carries significant financial consequences for employers.

Type of dismissalSeverance payNoticeEmployee options
Objective dismissal (despido objetivo) — justified cause20 days per year worked (max. 12 months salary)15 days written noticeCan appeal — if court finds it unfair, employer pays 33 days/year
Disciplinary dismissal (despido disciplinario) — upheld as fair (procedente)No severance—Can appeal — if court finds it unfair, employer pays 33 days/year
Unfair dismissal (improcedente)33 days per year worked (max. 24 months salary). For contracts signed before 12 Feb 2012, service up to that date counts at 45 days/year (overall cap up to 42 months)—Employer chooses: pay severance OR reinstate. Employee can negotiate.
Null dismissal (nulo) — discriminatoryReinstatement + all back pay—Employee must be reinstated. Cannot be waived by employer.
Collective redundancy (ERE)20 days per year (min.) — often negotiated higherConsultation period (max. 30 days) + notification to the labour authorityWorkers' representatives must be consulted. Labour authority (autoridad laboral) oversight.
ERTE (temporary layoff)No severance — suspended, not dismissed—Employee receives unemployment benefit during suspension
✓ Practical tip: the "finiquito"

When you leave a job (for any reason), you are entitled to a finiquito — a final settlement document that includes: outstanding salary, proportional holiday pay, proportional bonus payments and any agreed severance. Review it carefully before signing. Once signed it is very difficult to contest. If in doubt, consult a labour lawyer (abogado laboralista) before signing — a 1-hour consultation typically costs €100-200.

Unemployment benefit — how long does it last?

Contribution period (in last 6 years)Benefit duration
360 days to 539 days4 months
540 to 719 days6 months
720 to 899 days8 months
900 to 1.079 days10 months
1.080 to 1.259 days12 months
1.260 to 1.439 days14 months
1.440 to 1.619 days16 months
1.620 to 1.799 days18 months
1.800 to 1.979 days20 months
1.980 to 2.159 days22 months
2.160 days or more24 months (maximum)
ℹ Amount of unemployment benefit

First 6 months: 70% of your average base de cotización in the last 6 months. From month 7: 60% of the same base. There are minimum and maximum limits. Apply at your nearest SEPE office within 15 working days of losing your job — late application reduces your benefit period.

Seguridad Social checklist

Completed0 of 10
Confirm which SS regime you will be in (General vs. RETA)
Ask your employer or HR — it should be in your contract
Check if A1/CoC applies to your assignment
If posted from abroad, request this BEFORE you arrive
Obtain your Seguridad Social number (número de afiliación)
Your employer usually does this — confirm with HR
Verify your contract type and duration
Ensure temporary contracts are legally justified if applicable
Check your sector's convenio colectivo
May provide better terms than the legal minimum (leave, sick pay, salary)
Review your first payslip carefully
Check SS contributions, IRPF rate and net salary match expectations
Apply for Beckham Law if eligible (within 6 months)
Also tell HR so they set your IRPF withholding to 24%
Check bilateral agreement for your home country
Understand how your SS contributions will totalise for pension purposes
Understand your rights: leave, notice, sick pay, birth and childcare leave
Know your entitlements before you need them
Keep copies of all contracts, payslips and SS documents
Essential for future renewals, mortgage applications and pension claims