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Spain, as a host country, guarantees a series of labor rights to foreign workers who are in its territory.
These rights are designed to ensure equal treatment and integration into the labor market, avoiding discrimination and promoting fair working conditions.
Organic Law 4/2000, on the Rights and Freedoms of Foreigners in Spain and their Social Integration, is one of the key regulations governing these rights.
Equality of rights and freedoms
The law establishes that foreigners shall enjoy in Spain, on equal terms with Spaniards, the rights and freedoms recognized in Title I of the Constitution and its implementing laws. This includes fundamental rights such as freedom of expression, assembly and association.
Right to work and social security
Foreigners have the right to engage in paid employment, whether self-employed or employed, and to access the Social Security System, under the terms set forth in the Organic Law and its implementing regulations.
This means they can legally work in Spain if they meet established requirements, such as obtaining a work permit when necessary.
Access to public employment
Foreigners can access certain public employment in Spain, although with some restrictions.
The Spanish Constitution reserves the right of access to public functions and positions to Spaniards, but the Organic Law on the Rights and Freedoms of Foreigners and the Basic Statute of Public Employees (Law 7/2007) allow their incorporation in certain cases.
According to Royal Decree 543/2001 and Royal Decree 5/2015, foreigners are eligible for public employment on equal terms with Spaniards, except for positions that involve the exercise of public power or the defense of state interests. Institutions such as the Armed Forces, the Security Forces, the Council of State, and the Bank of Spain are excluded.
To access them, you must be a Spanish national or a citizen of the EU or of states with which Spain has specific agreements. In the case of staff, foreigners may participate in selection processes, provided that the principles of equality, merit, and ability are met.
This legal framework guarantees the integration of foreigners into the public administration under equitable conditions.
Trade union and strike rights
Foreign workers retain important collective rights:
- Right to freely join unions and professional organizations.
- Right to strike.
- Possibility of participating in municipal elections (applicable to EU citizens and foreigners from countries with reciprocity agreements).
Protection against discrimination
The law prohibits any act of discrimination against a foreigner based on race, color, ancestry, or national or ethnic origin, religious beliefs, or practices.
Acts of discrimination are those that impose more onerous conditions than those imposed on Spaniards or that involve resistance to providing goods or services offered to the public to a foreigner, solely because of their status as such or because they belong to a particular race, religion, ethnicity, or nationality.
Other relevant labor rights
Vocational training
Foreign workers have the right to access vocational training under the same conditions as Spaniards. This includes training courses, refresher programs, and professional development opportunities offered by both public and private entities.
Effective judicial protection
Foreigners have the right to effective judicial protection to defend their labor rights. This means they can go to court and receive a legally-founded ruling, as well as enforcement of the decision.
This right ensures that foreign workers can defend their labor interests in court on equal terms.
Additional considerations
It’s important to note that some of these rights may be subject to certain conditions and requirements, such as the need to have a valid residence and work permit.
Furthermore, nationals of European Union Member States and those to whom the Community regime applies will be governed by European Union legislation, with Organic Law 4/2000 being applicable to them in those aspects that may be more favorable.
Conclusion
In conclusion, Spain continues to strengthen the labor rights of foreign workers, seeking greater integration and protection in the labor market.
The 2025 reform represents a significant step toward simplifying processes and improving working conditions for foreigners, while maintaining the principles of equality and non-discrimination.
Organic Law 4/2000 is a fundamental pillar in the defense of these rights, promoting a more just and inclusive society for all workers, regardless of their nationality.
Services offered by Delaguia y Luzon
At Delaguía y Luzon, we offer specialized legal services to assist foreign workers and businesses in Spain.
Our team of attorneys specializing in labor and immigration law can help you with:
- Advice on work and residence permits: We help you manage the necessary procedures to obtain work and residence permits, ensuring that all legal requirements are met.
- Hiring foreign workers: We provide advice on the legal requirements for hiring foreign workers, including preparing employment contracts and managing the necessary documentation.
- Labor and union rights: We assist foreign workers in exercising their union and labor rights, including union membership and participation in strike proceedings.
- Effective judicial protection: We help you exercise effective judicial protection to defend your labor rights.
- Vocational training and assistance with social integration: We provide guidance on how to access vocational training programs and support for social integration in Spain.
