Introduction

Persons who are of foreign extraction from a non-EU country can work in Spain for third parties (when they are hired by an employer) or freelance under certain conditions. In all cases they will need a Residence and Work Permit . The permit is obtained in the country of origin, unless the person has a Residence Permit. If the person’s situation in Spain is irregular, he or she cannot commence proceedings to apply for the Residence and Work Permit.

The minimum working age is 18, although young people can work when they become 16 with the permission of their parents or guardians.

Foreign workers hired without a Residence and Work Permit are not in a legal situation, but they have employment rights. Any circumstance considered anomalous such as excessive working hours, wage discrimination, claims for sums of money, hazards in the work place or unfair dismissal can be notified to trade union representatives (ELA, CC.OO., LAB or UGT) or to the local authorities (Employment Inspection).

Foreign nationals with a Residence and Work Permit,can seek work and to do so should register at the Basque Employment Service Lanbide. Registering with this body also allows access to employment training courses. Likewise, as well as foreign nationals with a Residence and Work Permit, those foreign nationals with a Residence Permit can also register as job seekers with Lanbide.

Unemployed status is certified by Lanbide and can prove very useful as an employer recruiting a certified unemployed person is eligible for state allowances in the employment contract.

For specific aspects of professional training, in addition to the bodies already mentioned, foreigners can also use public bodies such as Hobetuz or professional training centres.

Job hunting

The Getxolan, Getxo Town Hall provides free advice on professional training, freelance employment and working for third parties.

Other resources in Gexto are: