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WORKING IN SPAIN

What we know so far about Spain’s next minimum wage increase

Spain's Interprofessional Minimum Wage (SMI) is set for another rise in 2024. Here's what we know so far, from when it is likely to come into force to how much extra money minimum earners are likely to get.

What we know so far about Spain's next minimum wage increase
Spain's Deputy Prime Minister Yolanda Diaz calls for an increase to the minimum wage in Spain. Photo: JAVIER SORIANO / AFP

Spain’s minimum is currently €1,080 gross per month over 14 payments (€15,120 gross per year), an amount that has been in place since February 2023. That amount now looks set to rise. 

Spanish Deputy Prime Minister and Minister of Labour Yolanda Díaz has said that Spain’s SMI “has to maintain purchasing power” and rise in line with the average CPI rate between December 2022 and November of this year, which she estimates will be between 3.7 and 3.8 percent.

When will Spain’s minimum wage increase?

The government, unions and employers have already begun to outline their positions regarding the negotiation to raise the SMI that the self-employed and companies will have to pay their employees from 2024.

Experts predict that this will most likely happen from January 2024, but it depends on what happens in the meeting on Thursday November 30th.

How much is it likely to increase?

While no one yet knows exactly how much the Spanish minimum wage will increase and what it will be, there has been some speculation and various proposals.

The Spanish Confederation of Small and Medium Companies (CEOE-Cepyme) proposed raising the SMI by six percent over the next two years, to €1,112 over 14 payments in 2024 and to €1,145 in 2025, a proposal that the CCOO and UGT unions call “insufficient”.

The unions have made a counter proposal increase that reaches 60 percent of the average salary as they claim that the evolution of the price of basic products, such as food, must be taken into account. This equates to €1,200 over 14 payments instead.

Spain’s Labour Minister also aims to achieve this increase to €1,200, which would take effect over the next two years.

What are the issues with Spain’s minimum wage?

Spain’s new PSOE-Sumar government needs to strike a balance between providing a decent income to workers and not dissuading employers from hiring more workers, which could destabilise the country’s notoriously rocky economy and employment numbers.

The last minimum wage increase in February 2023 was of 8 percent; this time the rise will be between 3 and 12 percent.

Spain’s left-wing parties consider that an SMI rise will improve the living conditions of workers struggling to make ends meet during times of high inflation, whilst right-wing parties such as the PP and Vox usually side with business owners and their opposition to mandated wage increases.

Admittedly, self-employed workers and small business owners will be the worst affected by the increase, having to absorb the increasing cost of hiring employees; not just higher wages but increased social security contributions.

How does Spain’s minimum wage compare with other EU countries?

Spain still has a much lower minimum wage than some of its EU neighbours. For example, in May 2023 France increased its SMI from €1,709.28 to €1,747.2 per month.  

If you take the Spanish SMI amount over the normal 12 months, this equals to €1260, which is still €487.20 less than the French each month.

In Germany it’s currently €1,997 per month, in Ireland it’s €1,909, in Slovenia it’s €1,203 and in Portugal it’s €886. 

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WORKING IN SPAIN

Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa is a popular choice for non-EU citizens who want to come and live in Spain, but there’s long been confusion over whether or not you can work outside of the country or not while you’re on it.

Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa or NLV as it is often referred to, is a residency authorisation that allows non-EU foreigners to live in Spain.

As the name suggests, however, it’s non-lucrative, so it doesn’t give you the right to work here, instead you have to demonstrate that you have sufficient savings for yourself, as well as any family members you’re bringing with you. 

Many people claim that if you’re not actually working in Spain while on the visa, and if you’re work comes from abroad then it’s fine, but is it actually legal?

Online searches reveal many conflicting results with several sources saying you absolutely cannot work on the visa at all under any circumstances and others saying that you can and authorities simply turn a blind eye.

It used to be a big grey area because Spanish law didn’t specifically mention remote working. Spain’s General Immigration Regime stated that, while staying on the NLV:

  • You mustn’t work for a Spanish company
  • You mustn’t work for a Spanish employer
  • You can’t open your own business in Spain
  • Nor can you open a branch office in Spain

In terms of remote working specifically, the law did’t actually address it.

READ ALSO: Does Spain check if you’re working on the non-lucrative visa?

But, authorities seemed to suggest that you couldn’t work on it at all, under any capacity, due to their rulings and decision making.

According to Barcelona-based law firm Balcells: “During the pandemic (from 2020 onward), the vast majority of consulates started to reject applications from foreigners who clearly stated they wanted to start working remotely”.

“Or if the consulate sees that remote work is what you have been doing for the past months/years, your application may even get rejected too”.

In 2023, a Madrid court denied a Venezuelan national’s application for the non-lucrative visa because they continued to advertise their professional services on sites like LinkedIn.

These all support the fact that working, even remotely for another country is not allowed.

The amount of savings you have to prove for the non-lucrative visa in 2024 is €2,400 per month, which must come from passive income such as return on investments and rental income, rather than physically working.

READ ALSO: Non-lucrative vs digital nomad visa: Which one should you choose to move to Spain?

There is now even stronger legal evidence to support the theory that you can’t work remotely while on the NLV, with the introduction of Spain’s Digital Nomad Visa or DNV in early 2023.

The whole point of the DNV is to allow non-EU remote workers and freelancers to be able to live and work in Spain, so it would defeat the entire purpose of this visa if you were allowed to work remotely on the NLV.

The DNV in fact has many requisites to ensure the way in which remote workers can legally work here. For example, they have to have worked for the same employer for three months or more and any company they work for has to have been in existence for more than one year.

To apply for the DNV in 2024 you have to prove a monthly income of at least €2,646. While this is slightly more than the NLV, it does mean that you can continue working. 

READ ALSO: Does Spain accept savings for the digital nomad visa if earnings aren’t enough?

Many remote workers may have used the NLV option in the past, but today there is no excuse, you may as well just apply for the DNV instead.

As authorities are cracking down on NLV applications, it’s simply not worth the risk having your application denied if you plan to continuing working. If you’re found out and are not declaring your income properly too, you could end up with a hefty fine and be unable to renew your visa in the future. 

Therefore, if you want to work remotely for company outside of Spain, it’s best to forget the NLV and go straight for the DNV, which will ensure what you’re doing is truly legal.

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