The main general rules of Spanish labor law are summarized below:

1. Non-discrimination
The Spanish Workers’ Statute generally prohibits discrimination in hiring or in the workplace based on sex, marital status, age, race, social status, religion or political ideology, joining a labor union or otherwise or on the basis of the different official languages in Spain.

This protection is also expressly extended to foreigners (i.e., those other than Spanish or EU nationals) under Organic Law 4/2000, of January 11, amended by Organic Law 8/2000 and also by the recent Organic Law 14/2003 on the Rights and Freedoms of Foreigners in Spain and their Social Integration.

It also prohibits discrimination because of physical or mental handicaps if the candidate is otherwise suitable for the job in question.

Directive 2002/73/EC of the European Parliament and of the Council, of September 23, 2002, was published in 2003, amending Directive 76/207/EEC, on the application of the principle of equal access to work and working conditions of men and women.This new provision expressly defines the terms direct discrimination, indirect discrimination, harassment and sexual harassment, all of which are prohibited because they violate the principle of equal treatment of men and women.The Member States are also encouraged to include in their respective laws the measures necessary to avoid discrimination at the workplace.

Law 33/2002, of July 5 and Law 62/2003, of December 30, introduce the principle of equal payment of men and women, thus amending Article 28 of the Workers’ Statute, which only mentioned equal salary, and including the possibility of establishing compensation measures in favor of some groups.

2. Minimum age
Persons under the age of 16 cannot work. There are also certain protective measures for persons under the age of 18, such as the prohibition against such persons working overtime or at night, or in certain hazardous or unhealthy activities or jobs.

3. Form of contract
In general the contract may be made verbally or in writing. However, in certain cases the contract should necessarily be made in writing (for example, part-time and temporary contracts and training contracts with duration of more than four weeks).

If this requirement is not met, the contract is understood to be permanent and full time, unless otherwise evidenced.