Spain has signed bilateral agreements with Ecuador, Colombia, Morocco, Dominican Republic, Nigeria, Poland, and Romania. These agreements, with the exception of the Nigerian agreement on repatriation, are focused on negotiating administrative formulas for access to Spain and its labour market, and also have the aim to regulate the migratory phenomena  in Spain, combating illegal immigration and its criminal exploitation.

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Spain has signed bilateral agreements with Ecuador, Colombia, Morocco, Dominican Republic, Nigeria, Poland, and Romania. These agreements, with the exception of the Nigerian agreement on repatriation, are focused on negotiating administrative formulas for access to Spain and its labour market, and also have the aim to regulate the migratory phenomena  in Spain, combating illegal immigration and its criminal exploitation.

The agreements regulate labour opportunities and, as such, provide for the communication of employment offers, the assessment of professional requirements, travel, and reception. They also work to enhance migrant labour and social rights and the work conditions of the immigrant workers. In addition, the agreements include special provisions for seasonal workers and measures to facilitate their return to their home countries.

In May 2001 Spain signed an agreement with Colombia to regulate the situation of Colombian citizens going to Spain to work. The agreement is a consequence of the General Treaty of Co-operation and Friendship signed by both countries in October 1992. The 2001 agreements states that Colombian citizens with a regular permit to work as dependent workers in the Spanish State territory are considered migrant workers and will enjoy all rights and guaranties established by the Spanish Legal Labour System. Spanish authorities will inform Colombian authorities about the official requirements through the Spanish Embassy in Bogota. The requirement will specify at least:

a) geographical area of the offered work

b) number of needed workers

c) deadline for the selection

d) temporal limit of the offered jobs

e) general information about specific work conditions, salary and housing

f) exact dates in which the workers have to be in the work place

g) who will pay for the expenses (plane ticket, papers etc.)

After a medical check the selected workers will sign a contract and the Spanish Consulate will provide the required visas as urgent matters. The visa, impressed   on the passport, will specify  kind, aim and duration of the authorised stay in Spain.

Family reunion is allowed (according to the rules of Spanish legal system). The migrant worker will have the same rights to social security services that are recognised to Spaniards. Chapter IV is about temporal work contracts (for shorter time). Both parties (Spanish and Colombian government) will help the migrant worker to enter in the Colombian labour market once he has returned to her/his country (program of voluntary return), through special projects and recognising the professional value of his/her work experience in Spain.

In September 1999 Spain and Morocco signed and agreement about Moroccan citizens between 18 and 45 years of age going to Spain as seasonal workers, with a stay limit of ninety days. Spanish authorities will inform Moroccan authorities about the official requirements through the Spanish Embassy in Rabat. The requirement will specify at least:

a) name or company title, domicile of employer or employer-agency

b) field and geographical area of the offered work

c) number of needed workers as a collective request

d) deadline for the selection

e) temporal limit of the offered job

f) general information about specific work conditions, salary and housing

g) exact dates in which the workers have to be in the work place

The selected worker will sign a contract and receive the required papers. Moroccan authorities will give all facilities in order to help the selected worker to reach Spain in the dates request by the employer. Before starting his/her travel to Spain the worker will receive all information necessary to reach the work place, and all information about his/her work conditions, housing, salaries and facilities to transfer the money s/he saves from his/her salary. The employer will pay for all travel expenses. Spanish authorities will give the temporal migrants the needed stay and work permits and will take care of finding appropriate housing.  Remuneration and social rights will be specified in each contract, and will be in accordance with the general Spanish labour agreements or the Spanish contracts for the same profession and qualification. Temporal workers coming from Morocco will have the same duties and enjoy the same benefits established by the Agreement Spain-Morocco on Social Security (“Convenio hispano-marroquí de Seguridad Social”) of 6 November , 1979 and the Administrative Agreement (“Acuerdo Administrativo”) of 8 February, 1984. Article  8 of the agreement states that applications for one-year or renewable work permits presented by Moroccan citizens who have been working in Spain as temporal workers for four years (consecutive or not) will be examined by Spanish authorities "with particular benevolence".

In February 2001 the Spanish and the Polish Work Ministers signed a bilateral agreement to give migrant workers of both countries the right to enjoy the same benefits in the field of Social Security

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

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