Employee Rights in Spain: Minimum Wage, Holidays and Working Hours
The Workers' Statute sets a floor that every contract in Spain must respect. These are the basic rights on pay, trial periods, holidays and hours, and where to complain in Catalonia.
Every employee in Spain is entitled to at least the minimum wage, €1,221 a month in 14 payments (€17,094 a year) in 2026, plus 30 calendar days of paid holiday a year. Trial periods are capped at six months for qualified technicians and two months for other staff. Employers must record your daily start and finish times.
What is the minimum wage in 2026?
The minimum wage, the salario mínimo interprofesional (SMI), was set by Real Decreto 126/2026 of 18 February 2026, with effect from 1 January 2026. It applies to all jobs in agriculture, industry and services, regardless of sex or age.
| Measure | Minimum wage, 2026 |
|---|---|
| Per month (14 payments) | €1,221 |
| Per day | €40.70 |
| Per year (minimum total) | €17,094 |
These are gross amounts for full-time work, before income tax and Social Security deductions. Part-time workers are paid in proportion to their hours. The minimum is paid in money: payment in kind cannot reduce it. Many sectors pay more under their collective agreement (convenio colectivo), which sets the wage scale for your job category; your contract or payslip should name the agreement that applies.
What are the 14 payments?
Article 31 of the Workers’ Statute (Estatuto de los Trabajadores) gives every employee two extra payments a year (pagas extraordinarias): one at Christmas and the other in the month set by the collective agreement or by agreement with workers’ representatives. That is why salaries in Spain are usually quoted as an annual figure in 14 payments.
A collective agreement can spread the two extra payments across the 12 monthly salaries. In that case you receive 12 larger payslips instead of 14, but the annual total must be the same. Check which system your contract uses before comparing job offers.
How long can a trial period last?
A trial period (periodo de prueba) must be agreed in writing. During it, either side can end the contract without notice or compensation. The collective agreement may set shorter limits; if it says nothing, these maximums apply:
| Worker | Maximum trial period |
|---|---|
| Qualified technicians (técnicos titulados) | 6 months |
| Other workers | 2 months |
| Other workers in companies with fewer than 25 employees | 3 months |
| Temporary contracts of 6 months or less | 1 month, unless the collective agreement says otherwise |
A trial period is void if you already did the same job for the same company before, under any type of contract. Ending a contract during the trial period because of pregnancy is void, unless the reasons are unrelated to it. Time on trial counts toward your seniority once you pass it.
How much paid holiday do you get?
At least 30 calendar days of paid holiday a year, under article 38 of the Workers’ Statute. Calendar days include weekends, so 30 calendar days usually equal about 22 working days. Your collective agreement or contract can give more, never less.
- Holiday cannot be replaced by money. The usual exception is when a contract ends before you could take the days.
- Dates are agreed with the employer, and you must know yours at least two months before they start.
- If you are on sick leave during planned holidays, you can take them later, within 18 months of the end of the year they belong to.
Public holidays are on top of the 30 days. Barcelona’s calendar combines national, Catalan and city holidays; see public holidays in Barcelona.
What are the rules on working hours?
The Workers’ Statute sets these limits, as of November 2026:
- A maximum of 40 hours a week of actual work, averaged over the year.
- No more than 9 ordinary hours a day, unless a collective agreement sets another distribution.
- At least 12 hours of rest between the end of one working day and the start of the next.
- A break of at least 15 minutes when a continuous working day exceeds six hours.
Since 2019, every employer must keep a daily record of working hours (registro de jornada) with the exact start and finish time of each employee. The records must be kept for four years and be available to you, your representatives and the labor inspectorate. Ask to see yours if you work unpaid overtime.
Where can you complain in Barcelona?
Catalonia has its own labor inspectorate, the Inspecció de Treball de Catalunya, run by the Generalitat. You can report breaches such as unpaid wages, missing time records or undeclared work through the Generalitat’s complaint page. Complaints cannot be anonymous, but the inspectorate keeps the complainant’s identity confidential from the employer.
A complaint to the inspectorate does not replace a court claim. If you are dismissed, you have 20 working days from the dismissal to challenge it, and you must first request an administrative conciliation from the regional offices of the Generalitat’s employment department within that period. Get advice from a union or an employment lawyer (abogado laboralista) straight away, because the deadline is short. Non-EU workers should also check how a job change affects their permit; see renewing a residence permit.
Bottom line
Ask for your contract and the name of your collective agreement in writing on day one, and keep every payslip. If something goes wrong, the 20-working-day limit for dismissals runs fast, so contact a union or a lawyer the same week rather than waiting for the employer to respond.
FAQ
Is the €1,221 minimum wage before or after tax?
Before. It is a gross figure, so income tax withholding and the worker’s Social Security contributions are deducted from it.
Can my employer pay me less during the trial period?
No. During the trial period you have the same rights and duties as any employee in your job, except the rules on ending the contract.
Do part-time workers get 30 days of holiday?
Yes. The 30 calendar days apply to every employee; holiday pay is calculated on your part-time salary.
