Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
Talent acquisition
What is the applicable employment regime in your jurisdiction and what specific implications does this have for fintech companies?

Answer ... The Workers’ Statute is the main employment law in Spain. Nonetheless, the Spanish employment legal framework also includes a large number of national and regional regulations, collective bargaining agreements and criteria arising from relevant case law.

The labour issues that usually arise upon incorporation of fintech companies include:

  • the most suitable types of employment contracts (including teleworking contracts);
  • the applicable collective bargaining agreement, depending on the company’s main activity;
  • the regulation of working hours;
  • the applicable social security regime for key positions;
  • post-contractual non-compete covenants; and
  • minimum commitment agreements or golden parachutes in case of termination of the employment contract.

For more information about this answer please contact: Xavier Foz Giralt from Roca Junyent Abogados
How can fintech companies attract specialist talent from overseas where necessary?

Answer ... Spanish fintech companies usually try to attract specialist talent by leveraging on the country’s general advantages: the Mediterranean lifestyle, an affordable cost of living, good flight connections, reputed business schools and tech clusters in big cities such as Barcelona and Madrid.

As most of these are start-up companies and cannot offer high salaries, they usually offer a package of flexible labour conditions (including teleworking and other benefits in kind). For key personnel, it is also common to grant stock options or other incentive plans.

For more information about this answer please contact: Xavier Foz Giralt from Roca Junyent Abogados