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WORKING IN SPAIN

Are you allowed to have a relationship with a colleague in Spain?

What happens if you start a romantic relationship with someone at work in Spain? Is there any risk of you losing your job? And do you have to tell your boss?

Are you allowed to have a relationship with a colleague in Spain?
6 percent of Spanish employees have an internal code or contractual clause that prohibits romantic relationships at work. Photo: Docusign/Unsplash

So, can you really be fired for dating a colleague?

According to a survey conducted by job search website Infojobs, 31 percent of Spanish workers between the ages of 20 and 45 have had a romantic relationship with someone at work. And 45 percent of those ended up as a couple.

So it will come as a relief to those who have their eye on a co-worker that in fact in Spain there is no such thing as an inappropriate relationship between colleagues.

In fact, being fired for having a relationship at work is strictly against Spain’s labour laws as the worker’s right to privacy and non-discrimination is enshrined in the employment charter as fundamental rights.

Article 17 in the Statute of Workers expressly prohibits any type of discrimination against the worker based on kinship ties – who they are related to or in a relationship with.  

Are workers obliged to inform their bosses if a relationship blossoms?

Again, no.

Workers are not legally obliged to inform anyone of the any relationship they may be having, although there may be internal codes that oblige workers to declare if there is a possibility of a conflict of interest, such as a relationship with a potential client or when one of those in the partnership is more senior than the other.

For example, if one individual is responsible for the other’s appraisals, pay reviews, promotion opportunities and even work allocation, then there is danger of perceived favouritism, so it might contravene internal working codes.

In this case, notification of the relationship should be given, and solutions sought.

A 2022 survey by HR company Hays found that 6 percent of workers in Spain have an internal code or contractual clause that prohibits romantic relationships at work. Sixty-three percent of respondents said they were given freedom to decide in this regard, and 31 percent answered that they didn’t know.


Photo: Depositphotos. 

What about if the relationship affects the job?

Employers are well within their rights to fire a worker if there is a drop in productivity but this must be carried out following the disciplinary process, with warnings given etc.

What is absolutely not allowed, is to terminate a contract based on the sole fact of a person being in a relationship with someone else.

Depending on the nature of the jobs of those involved with each other, it could be argued that both taking time off at the same time (either for holidays, parental leave etc) could be detrimental to the running of the company and maybe frowned upon.

But legally it’s difficult for employers to terminate a contract based on this issue alone.

Is it a good idea?

With so many hours spent in the workplace it is inevitable that many relationships start there. But keep the flirtations away from the workplace itself.

According to the Infojobs survey, around a third of co-worker affairs start with a drink ‘after work’, two out of ten are the result of a casual encounter and 8 percent start with a kiss at the Christmas party.

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For members

WORKING IN SPAIN

NEW LAWS: How it’s now easier for foreigners to work in Spain

Spain has amended its immigration laws to make it easier for non-EU citizens (UK nationals, Americans etc) to work in the country in a bid to address some of its most pressing labour shortages. Here are the changes, the reasons why they’re being introduced and more.

NEW LAWS: How it's now easier for foreigners to work in Spain

What are the new changes in a nutshell?

The Spanish government has amended its laws relating to the rights and freedoms of non-EU foreigners in the country, as a means of resolving the bureaucratic obstacles which often prevent Spain from using its migrant population to cover labour shortages.

There are three main changes: 

  • Undocumented third-country nationals who have lived in Spain for two years or more can seek temporary residency papers.
  • Non-EU students will be able to work up to 30 hours a week while studying, and to start work in Spain at the end of their studies.
  • Non-EU nationals will be able to obtain a work visa to come to Spain more easily and take up jobs in areas facing labour shortages i.e. tourism, construction, agriculture.

Why is the Spanish government introducing these changes?

Spain may have the highest unemployment rate in the EU (around 13 percent, just under 3 million people) but it is also struggling to cover thousands of job positions.

This paradoxical situation is down to a combination of factors, not least the low wages and unstable working conditions that are pervasive in Spain’s labour market. 

READ MORE: 

Couple that with an inflexible bureaucratic system which is counterproductive to Spain’s economy and labour market and you have a situation where Spaniards would rather pass on exploitative jobs and stay at home, and foreigners who are eager to work regardless of the poor conditions/pay cannot because the law won’t allow them to.

If we take a closer look at the three main changes listed above:

Undocumented migrants in Spain, those who arrive in the country without first applying for a residency or work permit, have up to now found themselves trapped in a situation where for years they can’t apply for jobs with social security and other workers’ rights, leaving them with little option but to work in the black. 

Third-country higher education students in Spain who completed a degree, Masters or Phd up to now didn’t have their residency in Spain guaranteed after completing their studies, having to instead apply for residency and renew their permit regularly, contributing to a brain drain of talent that Spain trained and then didn’t harness. Those on student visas could also only work a maximum of 20 hours a week previously.

And as for non-EU people applying for a work visa in Spain, up to now the only way for third-country nationals to be hired from overseas for a contract job was if employers could not find an EU candidate for the position or if the job was on Spain’s shortage occupation list, which is made up almost entirely by jobs in the maritime and shipping industry. In reality, there are many industries that are central to Spain’s economy that are struggling to find workers.

The Spanish government has finally realised how these inflexible laws are proving extremely damaging to its economy at a time when employers are struggling to find tens of thousands of workers for the tourism, construction and agriculture industries. 

According to Spain’s Social Security Minister José Luis Escrivá, the measures will “improve the Spanish migratory model and its procedures, which are often slow and unsuitable”, admitting that they have “high social and economic costs for Spain”.

When will these new laws come into force?

Although the new laws were published in Spain’s state bulletin (BOE) on Wednesday July 27th, the legislation is set to come into force on August 15th 2022.  

Is there anything else I should know?

When it comes to Spanish politics, what Spain says it will do and then actually does are often two very different things. 

Take for example the alleged streamlining of degree validation for highly-skilled professionals such as non-EU doctors, dentists, engineers and other regulated professions, known in Spain as homologación

People in Spain with non-EU qualifications are currently having to wait two, three, four or even more years for Spain’s bureaucratic labyrinth to get round to validating their qualifications, even though the legal deadline is just six months and there are huge shortages in their expert fields. 

New decrees have promised to address the hold-ups but in reality nothing has changed. A lawyer specialising in helping foreigners with the homologación process told The Local that “unless Spain allocates more budget to employ more competent civil servants to address the problem, nothing will change”. 

However, the latest law change is overall good news for all non-EU foreigners who wish to move to Spain for work in the hospitality and tourism sector, construction or agriculture, including UK nationals, Americans, Australians, South Africans and any other third-country nationals.

The process for applying for a work permit should be considerably easier, but they should not forget that Spain is a country with wages that are lower than other countries in Western Europe and that it doesn’t have a good reputation in terms of work conditions. 

Therefore, their reasons for moving to Spain shouldn’t just be for a job, as this is a country which excels in many other fields (quality of life, weather, culture, people, nature) but generally not work.

READ MORE: The downsides of moving to Spain for work

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