Hiring at source and the collective management of hiring at source
TYPE OF AUTHORIZATION
Collective management allows the hiring of workers who are neither located nor residing in Spain, selected in their countries of origin from the generic offers presented by employers.
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (article 39).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (article 167 to 177).
The Ministry of Employment and Social Security must have approved the corresponding Collective Management Order for hiring at source, with a forecast of occupations and the number of jobs that may be filled at source in that year. Specifically, the Ministerial Order may include:
The provisional figure for stable jobs (one-year employment contracts).
Campaign or seasonal jobs (fixed-term contracts).
Cases in which it will be possible to process nominative offers.
In any case, it will establish the procedure for hiring workers.
Throughout the year, the number and distribution of admissible job offers may be reviewed to adapt it to the evolution of the labor market.
After the year, if the hiring was less than expected, the validity of the remaining figure may be extended.
They cannot be found or reside in Spain.
They may not be citizens of a State of the European Union, of the European Economic Area or of Switzerland, or relatives of citizens of these countries to which the Union citizen regime applies.
They must have no criminal record in Spain and in their previous countries of residence for existing crimes under Spanish law.
Not being prohibited from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement in this regard.
They may not be found, where appropriate, within the period of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to their country of origin.
They will not be able to suffer from any of the diseases that can have serious public health repercussions, in accordance with the provisions of the International Health Regulations of 2005.
In season or campaign, they must commit to return to the country of origin.
They must present generic offers, in which the workers are selected in their countries of origin, which will preferably be those with which Spain has signed agreements on the regulation and management of migratory flows.
Offers may be submitted by employers or by whoever has legal representation, which, in this case, may also be business organizations.
The employment contracts must be signed and contain, in addition to the essential elements required by the law, a forecast of the net salary that the worker will receive.
The Order of the Ministry of Employment and Social Security which regulates the collective management of hiring at source for the corresponding year will establish the procedure for processing the offers.
Employers may participate directly or indirectly whenever they request it, representatives of the General Directorate of Migration, and as advisers and when the Administrations of both countries request it, representatives of the trade union and business organizations most representative of Spain or of the country in the that the selection process is developed.
The applicant employer must be registered in the Social Security system and be up to date with the fulfillment of their tax obligations and against Social Security.
Training courses may be developed in Spain or in the countries of origin aimed at the selected workers.
Workers’ residence and work visa:
The maximum period for submitting the application is two months following the notification of the resolution of the residence and temporary authorization and work as an employee or an employee of a specified duration for work or service.
It will be presented by the company or business organization or its accredited representatives by designation in the Immigration Office, in the General Directorate of Migration, where appropriate, in the competent body of the Autonomous Community, as well as in the Ministry or Section of Work and Immigration of the Diplomatic Mission in question or, failing that, of the Consular Office. In view of its speed, it may be accepted that the presentation is made through the selection body, jointly, for all workers whose hiring it is intended for the same period.
The following documentation will be attached to the request in a grouped manner:
Ordinary passport or travel title, recognized as valid in Spain, with a minimum validity of four months.
Criminal record certificate issued by the authorities of the country of origin or the country or countries in which you have resided during the last five years.
Contract signed by both parties.
In your case, return commitment.
The visa will be issued by the consular authority within a maximum period of five days. Exceptionally, this period may be extended to a maximum of 15 days when the high number of requests makes it essential.
The validity of the visa:
In season it will be equal to the period authorized to reside and work, with a maximum of nine months and they enable to enter and work for someone else.
In a determined duration for work or service, it will be a maximum of six months, and will enable entry into Spain.
In stable, it will be a maximum of three months, and will qualify for entry into Spain.
Effectiveness of the residence and work authorization:
In season, the visa authorizes work for someone else. In the event that within a month of the worker’s entry into Spain there is no evidence that he has been registered in the corresponding Social Security scheme, the competent body may resolve the termination of the authorization.
In stable or determined duration for work or service, in three months from entry, registration in the corresponding Social Security regime must occur.
COUNTRIES WITH WHICH SPAIN HAS SIGNED AGREEMENTS ON THE REGULATION AND MANAGEMENT OF MIGRATORY FLOWS
COUNTRIES WITH WHICH SPAIN HAS SIGNED INSTRUMENTS OF COLLABORATION IN THIS MATTER
Below you can download the models to request the hiring of foreign workers through the procedure of collective management of hiring at origin.
- ANEXO I 2020 Declaration of representation in favor of business organization.
- ANEXO II 2020 Designation of representative for visa application.
- ANEXO III (A) 2020 Request for management of temporary job offer and work authorization for selected workers.
- ANEXO III (B) 2020 Generic temporary job offer.
- ANEXO III (C) 2020 Nominative temporary job offer.
- ANEXO III (D) 2020 Request for extension of authorization of a fixed duration for temporary activities.
- ANEXO III (E) 2020 Request for modification of the authorization of a determined duration for seasonal or campaign activities, due to a change of employer.
- ANEXO IV 2020 List of selected workers.
- ANEXO V 2020 Annex to the contract.
- ANEXO VI 2020 CReturn commitment for foreign workers with a fixed-term employment contract, seasonal or campaign activities.
- ANEXO VII 2020 Document for the appointment of a representative in the worker selection process.
- ANEXO VIII 2020 Proof of appearance in order to prove the return.
- ANEXO IX 2020 Conditions of habitability of seasonal and campaign accommodation.
* The content of this page is merely indicative. Only the provisions of the regulations in force at the time of submission of the application apply.