Spanish legislation defines foreign workers as workers who are not of Spanish nationality and whose intention is to carry on gainful employment in Spain, either self-employed or as employees. This legislation distinguishes between EC (who, in accordance with the right to freedom of movement for workers don't need a work permit) and other workers (Latin American workers are subject to less rigorous entry and residence requirements).

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Spanish legislation defines foreign workers as workers who are not of Spanish nationality and whose intention is to carry on gainful employment in Spain, either self-employed or as employees. This legislation distinguishes between EC (who, in accordance with the right to freedom of movement for workers don't need a work permit) and other workers (Latin American workers are subject to less rigorous entry and residence requirements).

The entire chapter III of the Organic Law 8/2000 is about conditions and rights of migrant workers and . However, Law 8/2000 does not grant to workers whose situation is not legal the right to associate, strike, or join a trade union.

In Spanish Penal Code Article 314 punishes those producing a "serious discrimination" in employment, public or private, against a person based on grounds of ideology, religion or beliefs, or belonging to a race or ethnicity; article 312 (1) punishes those engaging in the illegal traffic of workers and article 312 (2) punishes those employing foreigners without a working permit in conditions that jeopardise, restrict, or suppress their rights under the law, collective conventions, or individual employment contracts. dedicates. As a general rule, foreigners need a work permit and  a residence permit and when they are officially and legally employed they have the same rights and obligations as Spaniards.

At present, new work permits for foreigners can only be obtained through the national contingent, a quota of work permits established each year for jobs for which Spanish workers are not available. The quota  can be accessed only by workers residing abroad, which means that foreigners already in Spain cannot apply for work permits. The yearly Contingent of immigrant workers may vary during the year, according to the companies' needs and of the agreements with trade unions. Outside the Contingent, there is a plan of granting a number of permits to temporary workers.  The Quota system has to take into account also other forms of hiring foreign workers allowed by Foreign Law.

In some special cases foreigners can go to Spain with a pre-contract of employment (and don't belong to the annual Quota):

• Foreigners born in Spain, children or grandchildren of Spaniards,
• foreigners who have under their charge ascendants or descendants of Spanish nationality,
• spouses of Spaniards,
• citizens of the EU or legal residents,
• foreigners with authorisation to stay due to studies,
• people enrolled in Spanish ships or performing educational professional practices.

Foreign workers are selected in their countries of origin at the corresponding Spanish consulates, through companies or Associations presenting more than five offers, when the employment contract has been signed, the worker is granted a residence visa, and obtains his/her enrolment and membership in the social security system. The residence visa will have the same length as the work permit. In a period not superior to 30 days from entry in Spain, the foreign worker must apply for the corresponding resident permit at the corresponding Government Subsidiary Office.

The rules on social security for migrant workers do not constitute a separate social security system but merely link the various national systems to ensure that migrant workers receive the same treatment as nationals and to prevent any loss of contributions or benefits as a result of movement from one country to another.

Certain kinds or groups of workers (workers in the performing arts, diplomats, etc.) are exempt from this requirement and citizens of some specific countries (Latin Americans, Filippinos, Andorrans and Equatorial Guineans) have a preferential right to work permits.

Analysis provided by: Antonella C. Attardo PhD (History of Law), Italy.

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