🇪🇸 Your rights in Spain

Equal pay

Spanish law requires employers to pay the same for work of equal value, without any discrimination based on sex. This applies to basic salary and all other pay, such as bonuses and benefits.

• Employers must keep a pay register (registro retributivo) showing average pay by sex, and workers' representatives can access it.
• Larger companies must have an equality plan (plan de igualdad) negotiated with workers' representatives, including a pay audit.
• New EU pay transparency rules are being brought into Spanish law and should strengthen your right to pay information.

If you suspect unequal pay, you can raise it with your workers' representatives or union, report it to the Labour Inspectorate, or bring a claim before the labour courts. Time limits apply.

Harassment at work

Sexual harassment and harassment based on sex are prohibited, and are treated as discrimination under Ley Orgánica 3/2007. Employers must promote working conditions that prevent harassment and have procedures for complaints.

• Many companies must have a harassment protocol (protocolo de acoso) explaining how complaints are handled.
• You must not suffer retaliation for complaining.
• Sexual harassment can also be a crime under the Criminal Code.

Keep a record of what happened, dates, witnesses and messages. You can complain internally, contact your workers' representatives or union, report to the Labour Inspectorate, or go to the labour courts. Some workplace claims have very short deadlines, so get advice quickly.

Pregnancy and maternity

Employers must not treat you less favourably because of pregnancy, and a dismissal of a pregnant worker or a worker on birth leave is generally null and void unless it is justified for reasons unconnected with the pregnancy.

• Both parents are entitled to paid birth and childcare leave (permiso por nacimiento y cuidado del menor), with benefits paid by Social Security if you meet the requirements.
• You may take paid time off for antenatal tests and childbirth preparation during working hours.
• If your job poses a risk during pregnancy or breastfeeding, your employer must adapt it or you may be entitled to a special benefit.
• You have rights to breastfeeding leave and to reduce working hours to care for young children.

Leave lengths have been extended in recent years, so check the current rules.

Flexible work

Workers have the right to request adaptations to the length and distribution of their working day, the way they work and their place of work, including remote work, in order to balance work and family life.

• The employer must open a negotiation period and respond with a decision, giving reasons if they refuse.
• Parents and carers also have the right to reduce working hours with a proportional reduction in pay to care for children or dependent relatives.
• Collective agreements may set out further rules.

If your request is refused, you may be able to challenge the decision in the labour courts through a fast-track procedure, but time limits are short. Keep your request and the employer's answer in writing.

Protection from domestic abuse

Ley Orgánica 1/2004 provides comprehensive protection against gender violence by a partner or ex-partner. Specialised courts (Juzgados de Violencia sobre la Mujer) handle these cases.

• A judge can issue a protection order (orden de protección), which can include restraining orders, a ban on contact, and civil measures on housing, custody and maintenance.
• Victims of gender violence are entitled to free legal aid from the start, regardless of income.
• There are labour rights for victims, such as reducing or rearranging working hours or changing workplace.

You can report to the police, the Guardia Civil, a court or the public prosecutor. The 016 helpline gives free, confidential advice and does not appear on phone bills. In an emergency, call 112.

Separation and divorce

In Spain, you can ask for a divorce without giving any reason once a short minimum period of marriage has passed, unless there is a risk to you or your children. You can also ask for a legal separation.

• If you agree, you can divorce by mutual consent with a regulatory agreement (convenio regulador) covering children, the family home, maintenance and property. Without children who are minors, this can be done before a notary.
• If you do not agree, a judge decides the measures.
• Decisions about children are based on the best interests of the child, and gender violence prevents joint custody in many cases.

Property rules depend on your marital regime, such as community of property (gananciales) or separate property, and some regions have their own civil law.

Legal aid and free legal help

Spain's free legal aid system (justicia gratuita) gives people with limited resources a free lawyer and court representative, along with other costs. Eligibility usually depends on your household income.

• Victims of gender violence, sexual violence and certain other crimes are entitled to free legal aid regardless of income, from the start of the process.
• Applications are made through your local bar association (Colegio de Abogados) or the legal aid service at the courts.

Other sources of help include legal advice services at many town halls, regional women's institutes and equality centres, trade unions for workplace problems, and the 016 helpline for victims of gender violence.