Labour rights of foreign workers in Spain

Spain guarantees a series of labour rights to foreign workers in its territory.

Working in Spain as a foreigner comes with protections that ensure equal treatment, prevent discrimination, and promote fair working conditions.

The Organic Law 4/2000, on the Rights and Freedoms of Foreigners in Spain and Their Social Integration, is one of the key regulations that govern these rights.

Equality of rights and freedoms

Labour laws in Spain ensure that those working in Spain as a foreigner have the same rights and freedoms as Spanish citizens, as outlined in Title I of the Constitution and its implementing laws.

Working in Spain as a foreigner guarantees fundamental rights, including freedom of expression, assembly, and association.

Right to work and to Social Security

Foreigners have the right to carry out a remunerated activity, whether self-employed or employed by others, as well as access to the Social Security system, under the terms provided in the Organic Law and its implementing regulations.

This means they can legally work in Spain if they meet the established requirements, such as obtaining a work permit when necessary.

Access to public employment

Foreigners can work as salaried personnel in the service of public administrations, following the constitutional principles of:

• Equality
• Merit
• Ability
• Public announcement of positions

Foreigners can apply for public job offers published by public administrations, allowing them to work in the public sector on an equal basis with Spaniards.

Union rights and the right to strike

When working in Spain as a foreigner, you retain important rights:

• The right to unionise freely and to join professional organisations.
• The right to strike.
• The possibility of participating in municipal elections, per the provisions of laws and treaties.

Protection against discrimination

The law prohibits any act of discrimination against a foreigner based on race, colour, ancestry, or national or ethnic origin, as well as on religious beliefs and practices.

Discriminatory acts are those that impose harsher conditions than those applied to Spaniards or that involve resistance to providing a foreigner with goods or services offered to the public solely because of their status as a foreigner, or because they belong to a certain race, religion, ethnic group, or nationality.

Other relevant labour rights

Professional training

When working in Spain as a foreigner, you have the right to access professional training on the same terms as Spanish workers.

This includes training courses, refresher programmes, and professional development opportunities provided by both public and private entities.

Effective judicial protection

Foreigners are entitled to effective judicial protection in the defense of their labour rights.

This means that working in Spain as a foreigner, cases can be taken to court and receive a ruling grounded in law, as well as the enforcement of that ruling.

Such protection ensures that foreign workers can defend their labour interests in court under the same conditions as Spanish workers.

Additional considerations

It is important to note that some of these rights may be subject to certain conditions and requirements, such as holding a valid residence and work permit.

Moreover, citizens of European Union Member States and those covered by the EU regime are governed by EU legislation, with Organic Law 4/2000 applying in those aspects that may be more favourable to them.

Ensuring fair employment for foreign workers in Spain

Spain continues to strengthen workers’ rights in Spain, ensuring greater integration and protection for foreign employees in the labour market.

The 2025 reform marks a significant step towards streamlining processes and improving working conditions for those working in Spain as a foreigner, reinforcing the principles of equality and non-discrimination.

For those wondering, “How can a foreigner get a job in Spain?“, understanding labour laws in Spain is crucial.

Organic Law 4/2000 remains a key pillar in defending these rights, fostering a fairer and more inclusive society for all workers, regardless of nationality.

Services offered by Delaguía y Luzón

At Delaguía y Luzón, we provide specialised legal services to assist foreign workers and companies in Spain.

Our team of lawyers have a vast variety of specialisation in many areas.

We can assist with:

• Advice on work and residence permits: We help manage the necessary procedures for obtaining work and residence permits, ensuring that all legal requirements are met.
• Hiring foreign workers: We offer guidance on legal requirements for hiring foreign workers, including drafting employment contracts and managing the required documentation.
• Labour and union rights: We assist foreign workers in exercising their labour and union rights, including joining unions and participating in strikes.
• Effective judicial protection: We help you exercise effective judicial protection to defend your labour rights.
• Professional training and social integration assistance: We provide guidance on how to access professional training programs and support for social integration in Spain.