For a foreign executive or high-net-worth individual (HNWI) relocating to Spain, the vibrant lifestyle and strategic business location are undeniable draws. Hiring your first employee in Spain, often a bilingual Personal Assistant (PA), is a critical step towards integrating successfully and optimizing your productivity. A skilled local PA acts as more than an administrator; they are a cultural bridge, a logistical expert, and a key business facilitator. However, the process is far from simple. Spain’s legal and administrative framework for employment is notoriously complex, highly regulated, and deeply protective of employee rights.

Navigating this landscape without expert guidance is fraught with risk. Simple mistakes in contracts or registration can lead to significant fines and legal complications. The legal guide for placing a Personal Assistant must therefore begin long before you even interview a candidate. It starts with establishing your own legal identity as an employer and understanding the non-negotiable obligations you must fulfill. For this reason, many foreign principals rely on specialist EA recruitment services not just for finding talent, but for navigating the complex hiring and compensation landscape.

This guide provides a comprehensive overview of the legal requirements for hiring your first employee in Spain. We will cover everything from your initial registration as an employer to understanding contract types, calculating the true costs, and the critical role of compliance, ensuring you can secure the high-caliber support you need, legally and effectively.

Before you can legally issue an employment contract, you must first be registered as an employer within the Spanish system. This is a common hurdle for foreign individuals hiring domestic or personal staff for the first time.

Obtaining Your NIE (Número de Identificación de Extranjero)

If you are a foreign national, your first requirement is to obtain an NIE, or Foreigner’s Identification Number. This number is essential for almost all legal and financial activities in Spain, including owning property, opening a bank account, paying taxes, and, most importantly, registering as an employer. You cannot legally hire anyone in Spain without your own NIE.

Registering with Social Security (TGSS)

Once you have an NIE, you must register as an employer with the Spanish Social Security system (Tesorería General de la Seguridad Social, or TGSS). Upon registration, you will be assigned an employer contribution code (Código de Cuenta de Cotización, or CCC). This code identifies you as an employer and links you to your future employee for the purpose of paying social security contributions. This step is mandatory and must be completed before the employee’s first day of work.

For executives accustomed to US or, to a lesser extent, UK employment laws, Spanish work culture and its legal framework can be a shock. The system is fundamentally designed to provide a high level of protection to the employee.

The Primacy of the Workers’ Statute

The core of Spanish employment contract or law is the Estatuto de los Trabajadores (Workers’ Statute). This national law governs all aspects of the employment relationship, including maximum working hours, minimum holiday entitlement (typically 22 working days per year, plus public holidays), leave policies, and contract requirements. It is the baseline from which all employment contracts are built, and its terms are generally non-negotiable in favor of the employer.

Termination and Severance (Indemnización)

This is one of the most critical areas for a new employer to understand. legal guide hire PA Spain is a complex and often costly process. There are very specific, legally defined reasons for dismissal, and a high burden of proof rests on the employer. Unfair dismissal (despido improcedente) results in significant mandatory severance payments (indemnización). This reality makes the initial hire, and the choice of contract, exceptionally important.

The type of contract you offer your Personal Assistant is a foundational legal decision. Recent labor reforms in Spain have heavily restricted the use of temporary contracts, making the permanent option the standard.

The Default: Contrato Indefinido (Permanent Contract)

This is the standard, default, and most common type of employment contract in Spain. It establishes a long-term, indefinite employment relationship and offers the most stability to the employee. While it carries the severance obligations mentioned previously, it is the legally preferred and safest option for an employer hiring a full-time, core support role like a PA.

Including a Probationary Period (Período de Prueba)

A permanent contract does not mean you are without recourse if the fit isn’t right. You can and should include a período de prueba (probationary period) in the contract. The length of this period is defined by law and the relevant collective agreement, but it allows either party to terminate the contract during this time with minimal notice and without the high severance costs associated with unfair dismissal.

The Risks of a Contrato Temporal (Temporary Contract)

Using a temporary or fixed-term contract is highly restricted. You can no longer use them simply to “try out” an employee. They are legally permissible only for very specific, documented reasons, such as a temporary spike in workload or to substitute for a specific employee on leave (e.g., maternity leave). If a temporary contract is used incorrectly, Spanish courts will automatically reclassify it as a contrato indefinido, often resulting in back-payment of benefits and full severance rights for the employee.

Formalizing and Registering the Contract

All employment contracts must be in writing. The contract must be drafted in clear, legal Spanish (or in both Spanish and the employee’s language if they prefer). Once signed, the employer is legally obligated to register a copy of the contract with the State Public Employment Service (Servicio Público de Empleo Estatal, or SEPE). This is a mandatory compliance step.

This is the single most common and costly mistake foreign employers make in Spain. Your employment relationship is governed not just by national law and your individual contract, but also by a Convenio Colectivo, or Collective Bargaining Agreement.

What is a Collective Bargaining Agreement?

A convenio is a set of rules negotiated between employer associations and trade unions for a specific industry and geographical province (e.g., Madrid, Barcelona). These agreements set the minimum standards for employment in that sector, which are legally binding on all employers, regardless of whether they were involved in the negotiation.

Why it Matters for Your Personal Assistant

Your new PA will almost certainly fall under the convenio for “Offices and Clerical Work” (Oficinas y Despachos) for your specific province (e.g., Convenio Colectivo de Oficinas y Despachos de la Comunidad de Madrid). This agreement will dictate your PA’s minimum salary (often higher than the national minimum wage), their specific job category, their exact working hours per year, overtime pay rules, and their holiday entitlement (often more than the statutory minimum). Your contract cannot offer terms less favorable than those in the applicable convenio.

Hiring your first employee in Spain involves significant costs beyond the agreed-upon gross salary. Failure to budget for these mandatory employer contributions is a major financial pitfall.

The Employee’s Salary (Salario Bruto)

You will negotiate a gross annual salary (salario bruto) with your PA. This salary must be equal to or, more likely, significantly higher than the minimum specified in the applicable convenio for their professional category. Top bilingual PAs in Madrid or Barcelona, sourced via EA recruitment services, will command competitive market rates well above this minimum.

The Employer’s Social Security Contributions (Seguridad Social)

This is the most significant hidden cost. As an employer, you are legally required to pay a substantial contribution to the TGSS for your employee. This contribution, which covers healthcare, pension, unemployment, and other benefits, is calculated as a percentage of the employee’s gross salary (the “contribution base”). This employer contribution typically amounts to approximately 30-32% on top of the gross salary.

Understanding Employee Deductions

To avoid confusion, it is also important to understand the employee’s deductions. The employee will also have deductions from their gross salary: their own smaller portion of social security contributions (around 6-7%) and their personal income tax, or IRPF), which is withheld by you (the employer) and paid to the tax authority (Agencia Tributaria). The final amount the employee receives is their net salary.

Once you have selected your candidate and agreed on a contract, several final compliance steps are required.

The Alta Process: Registering Your Employee

This is a critical, time-sensitive step. You must register your new employee with the Social Security system before they begin their first day of work. This registration is known as giving the alta. Performing this registration late, even by one day, can result in fines and legal complications.

Verifying Right to Work

As an employer, you have a legal obligation to verify that your new PA has the right to work in Spain. For an EU, EEA, or Swiss citizen, this involves checking their valid passport or national ID card. For a non-EU national, you must see and retain a copy of their valid Spanish work and residence permit (Permiso de Trabajo y Residencia).

Confidentiality and GDPR (RGPD)

Given the sensitive nature of a Personal Assistant role, a strong confidentiality clause within the employment contract is essential. Furthermore, as your PA will be processing your personal and professional data, all data handling must be compliant with the EU’s General Data Protection Regulation, known in Spain as the Reglamento General de Protección de Datos (RGPD).

The sheer volume and complexity of these legal and administrative tasks can be overwhelming for a foreign executive hiring their first employee. This is where specialist partners become invaluable.

Navigating Complexity with a Gestoría

It is almost universally recommended for any foreign employer in Spain, regardless of size, to retain a gestoría or asesoría. These are professional local firms that handle all the complex administrative “red tape” on your behalf, such as the Social Security registrations, payroll calculations, tax withholdings, and contract submissions, ensuring you remain compliant for a modest monthly fee.

How EA Recruitment Services Mitigate Risk

Partnering with a specialist EA recruitment service is about more than just finding candidates. A high-quality agency specializing in placing PAs in Spain will have an expert understanding of the very legal complexities this guide outlines. They will vet candidates not only for their bilingual skills and experience but also for their understanding of the local work culture. Crucially, they can provide accurate salary benchmarking that already accounts for the relevant convenio, helping you craft a competitive and legally compliant offer from the start.

The Role of Personal EA Services in Candidate Quality

Top-tier bilingual PAs in Spain often invest in their own careers through personal EA services, such as career coaching and CV optimization. These candidates are often sourced exclusively through specialist recruitment networks, not on public job boards. Engaging a specialist agency gives you access to this elite, pre-vetted talent pool, dramatically increasing the likelihood of finding a long-term, successful match.

Once your hiring process is complete, effective onboarding becomes the key to long-term success. Learn how to set expectations, build trust, and streamline communication in our related post — EA onboarding plan

Hiring your first employee in Spain is a significant undertaking, layered with legal complexities far beyond what most foreign employers anticipate. The pro-employee legal framework, the mandatory registration with Social Security, the intricacies of contract law, and the “hidden” rules of convenios colectivos all demand careful navigation. For a Personal Assistant role, where trust, confidentiality, and cultural fit are paramount, getting the hire right from a legal and personal perspective is essential.

While the administrative burden is high, it is not insurmountable. The key is to acknowledge the complexity and engage expert local help from day one. By combining the services of a specialist EA recruitment service to find and vet the right talent with a gestoría to manage the payroll and compliance, you can mitigate your risks. This allows you to focus on what truly matters: building a strong, productive, and long-lasting partnership with your new Personal Assistant, your key ally for success in Spain.