Employment Registration and Recruitment Documentation in Spain

Documentation in the Recruitment Process

Documentation in the recruitment process: Job search and matching; candidates must have the corresponding qualifications for the work.

Process: Unemployment Registration and Referrals

Process: Registration for unemployment, use of temporary employment agencies (ETT) and public services. SOC / INEM referrals relate the worker to the enterprise. Recruitment records the contract with the OTG.

Registration at the National Employment Institute (INEM)

Registration at the National Institute of Occupancy: Workers who want to start a job search should go to the OTG and complete an application for employment.

Process: Employer Job Offers and Selection

Process: The employer provides the job offer. The company sends the OTG the characteristics of the demand. The company conducts a selection process and requests documentation to process unemployment or hiring procedures. If the employer hires a person outside the public referral process, they have 10 working days to notify the OTG.

Competences in Catalonia

Competences of Catalonia: Department of Labor, SOC, OTG and the roles formerly held by INEM (for example, managing unemployment benefits and processing job offers).

Employers' Obligations

Employers' obligations: Recruitment and termination (hire and dismiss) must be duly recorded. Employer and employee share responsibilities for employment records and contributions.

Temporary Employment Agencies (ETT)

ETT: Temporary employment companies supply workers for a given period according to the contract between the agency, the worker and the client company.

Process: Contracts and Billing

Process: Signature of the service contract, and invoicing or settlement at the end of the contracted period.

Agencies and Non-Profit Entities

Agencies: Non-profit entities and other agencies may act to connect employees and employers and facilitate recruitment.

Recruitment Documentation

Recruitment documentation: Documentation for handling labor supply and the paperwork required to form a contract.

Company Description and Employer Registration

Company description: The employer must complete registration paperwork with the TGSS (Social Security). This includes registrations (alta), deregistrations (baja) and any variations of company data.

Documentation Required for Registration

Documentation required for registration:

• Form TA-6 (or the corresponding TGSS affiliation form).
• If a natural person: NIF/DNI.
• If a legal entity: deed of incorporation (escritura de constitución) and documentation proving the appointment of the administrator.
• NIF/DNI of the administrator.
• Proof of social security registration when hiring workers.

Possible Data Variations

Variation of data: Address changes, changes in activity, and deregistration (baja) must be reported.

Registration of Freelancers (Self-Employed)

Registration of freelancers: Freelancers are included in the special Social Security regime. Required documents include NIF and, if applicable, a professional association certificate.

Opening the Workplace

Opening the workplace: The employer must notify the opening of the workplace within a 30-day period, providing the required documentation.

Documentation to Provide for Workplace Opening

Documentation to provide: Company information, workplace details and business activity data.

Membership and Registration of Workers

Membership and registration of workers: Affiliation is unique within Social Security. Processes include registrations (alta), deregistrations (baja), suspension of contributions and personal data updates.

Affiliation Form and Submission

Membership form to make: The company normally submits worker affiliations to the TGSS. If the employer does not register the employee, the employee may request their own affiliation. Self-affiliation may prompt an inspection if the employer is noncompliant.

Alta (Registration) Requirements

Alta (Added): The registration (alta) must be submitted before the start of the working relationship. It is processed at the TGSS (by electronic means, fax where applicable, or in person depending on procedure).

Baja (Deregistration)

Baja: The deregistration (baja) is the procedure to terminate an employment relationship and must be submitted to Social Security.

Paperwork and Verification

Paperwork: Verify paperwork once the Social Security registration has been acquired and retain copies of filings.

Inspection Reports and Retention

Paper visit (inspection report): Records observations of labor inspectors or company responses. These records are effective and should be retained—commonly up to 5 years.

Paper Registration and Labor Inspection Records

Paper registration: Documentation related to labor inspection, fiscal or administrative records, and registration documentation must be kept. All workers must be duly registered.