Spanish National Employment Situation

Table of Contents

1. What is the Spanish National Employment Situation?

The national employment situation is an extremely relevant circumstance when an employer applies for an employee visa for a foreign non-EU citizen. It is, therefore, an enabling condition for the successful processing of such permit.

In practice, this means that the employer is obliged to publish a job offer in the competent territorial employment office to check if there is any legal resident with a suitable profile interested in the job offer. Specifically, the job offer must remain published for 8 days.

Why is this process important in relation to the recruitment of foreign citizens? Is it necessary to check the national employment status in all recruitment processes? In this article we will explain it to you.

Spanish National Employment Situation

2. Why is the Spanish National Employment Situation relevant when hiring a foreign worker?

The national employment situation will only allow recruitment of foreign workers in case the competent employment office issues the so-called certificate of insufficient demand for employment, i.e. when the employment office registers an absence of job seekers who are already legal residents. That said, there are certain exceptions that exempt the employer from having to still follow the process we have just explained.

3. Are there circumstances that exempt from the national employment situation review?

Yes, as we have just mentioned, there are certain circumstances that exempt the employer from having to review the national employment situation. For example, the national employment situation will not be taken into account when the employment contract is addressed to:

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