Employers in all sectors in Spain can now hire third-country nationals in their countries of origin instead of having to search for applicants in Spain if they have difficulty filling positions. This was announced by the Spanish Ministry of Integration.
This means that Spanish employers can now hire workers who are not residents of Spain or the EU for temporary jobs in positions that are difficult to fill in the domestic or EU labor market.
For the first time, the regulations also allow contracts signed abroad - contratos en origen - to be extended for up to twelve months.
So far, they could only be extended by nine months.
The amendments were published in the Spanish Official Gazette (BOE) on December 30, 2021.
To be hired in the foreign-origin contract category, workers must have a fixed-term contract of up to one year and reside outside the EU or EEA.
The regulations allow the development of circular migration projects with third countries and in sectors where there is a need for labor.
The Spanish Minister of Integration pointed out that these regulations are valuable tools to promote regular, safe and orderly migration.
The new rules adopted for 2022 mean that, for the first time, it will be possible to support circular migration projects in all sectors where there is a need for workers and there are difficulties in filling positions.
Previously, Spain had a list of hard-to-fill jobs available to non-EU job seekers, which in the third quarter of 2021 mainly included jobs in the maritime industry.
The BOE bulletin does not mention which industries are currently experiencing job shortages, but it does mention the agricultural sector several times, which raises the question of whether this latest labor market reform will even apply to non-EU "office" workers with jobs in teaching, technology, IT, engineering, or similar fields.
Hiring non-EU workers usually depends on an employer's inability to find a suitable EU applicant for the job.
According to a recent survey by the Bank of Spain, 27 percent of Spanish employers are having difficulty filling job openings, and the greatest shortages are in agriculture, hospitality and construction.
The BOE bulletin also includes new regulations governing the conditions employers must provide to workers in terms of housing, health and safety conditions, and appropriate hygiene recommendations. This applies in particular to the hiring of seasonal workers.
In 2021, a pilot circular migration project was launched with Honduras. In 2022, 250 Honduran workers will participate in agricultural campaigns as part of this project.
In addition, the programs with Morocco, Colombia and Ecuador are also kept open.
Upon expiration of the residence and work permit, employees must return to their country immediately.
The offers are preferably directed to the countries with which Spain has signed agreements to regulate and manage migration flows. These include Colombia, Ecuador, Morocco, Mauritania, Ukraine and the Dominican Republic.
They may also be recruited from other countries with which Spain has relations in this matter, including The Gambia, Guinea, Guinea-Bissau, Cape Verde, Senegal, Mali, Niger, Mexico, El Salvador, the Philippines, Honduras, Paraguay and Argentina.
