Spain protects employees strongly — but you can only use rights you know you have. If you work (or plan to work) in Tenerife as a foreigner, here are the employment basics for 2026 and when a labour lawyer is worth it.
Your contract and payslip
You're entitled to a written contract and a monthly payslip (nómina) showing your salary and social security contributions. Contracts are generally indefinite (indefinido); temporary contracts are only allowed for specific, justified reasons. If you're being paid partly "in cash" off the books, you're losing social security rights — a red flag.
The minimum wage in 2026
The Spanish minimum wage (SMI) for 2026 is €1,221 per month across 14 payments a year (about €17,094 gross a year). No employee working full time can legally be paid less. Many sector agreements (convenios) set higher minimums, so check which applies to you.
Dismissal and compensation
If you're dismissed, how it's classified matters a lot:
- Unfair dismissal (despido improcedente) — compensation of 33 days' salary per year worked, capped at 24 months (service before Feb 2012 is calculated at the older 45-day rate).
- Objective dismissal (economic/organisational grounds) — typically 20 days' salary per year.
- You generally have only 20 working days to challenge a dismissal in court — act fast.
Holidays and hours
Full-time employees are entitled to a minimum of 30 calendar days of paid holiday a year, plus public holidays. There are legal limits on working hours and overtime, and your convenio may improve on them.
Work and residency go together
For non-EU nationals, the right to work is tied to your permit. If your job situation changes, it can affect your residency — so employment and immigration advice often go hand in hand. We cover the permit side in our relocation guides.
How we help
We work with a registered lawyer who advises foreigners on contracts, dismissals and workplace disputes, and represents you if it goes to court. See the service and its fixed fee on our lawyers for foreigners page.
Frequently Asked Questions
What is the minimum wage in Spain in 2026?
The 2026 SMI is €1,221 per month across 14 payments (about €17,094 gross per year). No full-time employee can legally be paid less, and many sector agreements set higher minimums.
How much compensation for unfair dismissal in Spain?
Unfair dismissal (despido improcedente) is compensated at 33 days' salary per year worked, capped at 24 months. Service accrued before February 2012 is calculated at the older 45-day rate.
How long do I have to challenge a dismissal?
Generally only 20 working days from the dismissal to file a claim, so it's important to get legal advice quickly and not sign anything first.
Should I sign my finiquito?
Not before a lawyer checks it. Signing a finiquito or settlement as 'agreed' can waive your right to challenge the dismissal, so have it reviewed first.