Oyster policy is denoted in purple.
As of September 1, 2021, the statutory minimum gross wage is set at:
- EUR 32.17 per day; or
- EUR 965 per month.
In addition to basic salary payments, employees are also entitled to be compensated for overtime work and night work.
Employees are also entitled to two extraordinary bonuses per year, one on Christmas and the other as set by the CBA or by agreement between the employer and the legal representatives of the workers. Employers may offer a sign-on bonus, which will be taxed as regular salary.
Under the CBA for Consultancy companies applicable to Oyster, the 2 additional payments must be paid between the 15th and 20th of June and December, respectively. However, the CBA does not prohibit the distribution of these payments over twelve (12) months, and the Oyster Employment Agreement for Spain does so.
Temporary workers whose services to the same company don’t exceed 120 days are entitled to an additional amount over minimum wage. They must receive proportional pay for Sundays, holidays, and the two extraordinary bonuses. The total amount of pay can’t be less than 47.36 euros per working day.
A salary structure, including a higher minimum wage, can be established through collective bargaining or individual employment contract.
The Spanish Constitution guarantees the right to equality between women and men without any discrimination. Organic Law 3/2007 further guarantees the principle of equal treatment and opportunities between genders in relation to access to employment, professional training, promotion, and working conditions, including salary.
The Spanish Constitution also guarantees employees the right to an adequate salary to meet their family’s needs without any gender-bias. Thus, employers must provide equal compensation to all employees who perform work of equal value, regardless of gender.
Work has “equal value” when all of the following are equivalent:
- the nature of the functions or tasks performed
- the required educational or professional training;
- the working conditions in which the tasks are performed; and
- any other factors strictly related to the job’s performance.
To help maintain the principles of equal treatment, employers must maintain a record containing the average value of salaries, salary supplements, and non-salary payments of their employees, separated by gender. The record is known as the “remuneration registry” (registro retributivo). The record must be distributed by professional groups, professional categories, and/or jobs of equal role/value. Employees have the right to access their employer's salary records through their legal representatives.
For employers with 50 or more employees, if the average salary of one sex is higher than the other by 25% or more, the employer must provide a justification in the salary record that the difference isn’t related to the employees’ gender.
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