Labour legislation in Spain and Germany has some significant differences in terms of contract law, taxes and employee rights. However, both countries have strict labour regulations aimed at protecting workers and ensuring fair working conditions.
Contract law
In Germany, it is common for employment contracts to be open-ended. Fixed-term contracts are only permitted under certain conditions, e.g. for a specific task or to cover for another employee. The contract must also contain certain information, such as the type of work, place of work, working hours, salary and holiday entitlement.
Both fixed-term and permanent contracts are common in Spain. Fixed-term contracts can be concluded for various reasons, e.g. for a specific task, for seasonal work or as a replacement. Here too, the contract must contain certain information, similar to that in Germany.
Taxes and social security
In Germany, income tax and social security contributions (for pension, health, long-term care and unemployment insurance) are deducted directly from the salary. The employer pays part of the social security contributions.
In Spain, income tax and social security contributions are also deducted directly from the salary. The employer also pays part of the social security contributions. Social security includes pension, health and unemployment insurance.
Working hours and holiday entitlement
In Germany, the legally prescribed maximum working time is 8 hours per day, but can be extended to up to 10 hours if the average of 8 hours per day is not exceeded within a 6-month period. The statutory holiday entitlement is at least 24 working days per year with a 6-day week.
In Spain, the statutory maximum working time is 9 hours per day, with a maximum working week of 40 hours. The statutory holiday entitlement is 30 calendar days per year.
Protection against dismissal and severance pay
Germany has strong dismissal protection laws that make it difficult for employers to dismiss employees without good cause. In the event of dismissal, employees are entitled to severance pay, which is usually determined through negotiations or court decisions.
Spain also has strong employment protection laws. In the event of dismissal, employees are entitled to a statutory severance payment, which is usually 20 days' pay per year worked, depending on the exact circumstances of the dismissal.
Despite these differences, both countries have strict labour laws
Employee rights and representation
In both countries, employee rights are protected by law and it is possible to be unionised. In Germany, works councils are an essential part of employee representation in larger companies. They are elected to represent the interests of employees and participate in company decisions.
In Spain, similar structures exist in the form of „Comités de Empresa“ (works committees) or „Delegados de Personal“ (staff delegates) in smaller companies. They have the right to participate in negotiations on working conditions and other relevant issues.
Maternity and parental leave
Germany offers extensive maternity protection, which generally applies for 6 weeks before and 8 weeks after the birth. In addition, both mothers and fathers are entitled to parental leave, which can be taken until the child is 8 years old. During parental leave, parents receive parental allowance, which replaces part of their previous income.
In Spain, mothers are entitled to 16 weeks of maternity leave, which is fully paid. Fathers are also entitled to fully paid paternity leave, the duration of which has been gradually increased and has also been 16 weeks since 2021.
Although there are differences in labour legislation and employee rights between Germany and Spain, both countries are characterised by a high level of employee protection. However, the exact conditions can vary greatly and it is important to understand the specific regulations and customs in each country when working as an employee in Spain or Germany. Both countries endeavour to ensure fair and safe working conditions and to strike a balance between the interests of employees and employers.
