Employment lawyer for hospitality: manage the workforce of Spain's most inspected sector

Hospitality is the sector that receives the highest number of Labour Inspectorate visits in Spain. Structural seasonality, permanent seasonal contracts following the 2022 reform, uncompensated overtime, working time controls, rest periods between night shifts, and the special treatment of tips are constant sources of conflict and sanctions. The sector also operates under more than twenty different collective agreements depending on the sub-sector and region, making it essential to know which one applies in each case. A serious infringement for breaching working time rules can result in a fine of up to €225,018 and joint and several liability for the principal company in subcontracting arrangements.

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Why BM Consulting

Specialised advice and personal service

At BMC we provide comprehensive employment advisory for hospitality and tourism businesses: from designing the workforce structure and appropriate contracts through to managing dismissals, ERE, seasonal ERTE, and representation before the Labour Inspectorate and employment tribunals. We know the sector's collective agreements — including those for Madrid, Catalonia, Valencia, and Andalusia, as well as national agreements for hotel chains — and we respond quickly to Inspectorate requirements.

  • Spain has more than 20 active hospitality collective agreements with material differences in wages, working hours, and allowances — applying the wrong agreement generates retroactive salary claims and Inspectorate exposure.

  • The 2022 labour reform (RDL 32/2021) abolished the casual employment contract as the standard vehicle for seasonality

    structural seasonal staff must now be engaged on permanent seasonal contracts (fijo-discontinuo), with indefinite employment status and priority recall rights.

  • Daily working-time recording has been mandatory since 2019 (Art. 34.9 ET) — in hospitality, where split shifts and uncompensated overtime are common, non-compliance is classified as a serious infringement up to €7,500 per worker.

  • Seasonal ERTEs on productive grounds allow hour-reduction or contract suspension during low-activity periods; the process requires Inspectorate notification, SEPE coordination, and adherence to strict procedural deadlines.

How we work

From first contact to case completion

  1. Establishment employment audit

    We review contracts, working time records, shift rosters, the digital inspection register, and Social Security contributions to identify risks before the Inspectorate arrives. We deliver a report with critical points and a remediation plan.

  2. Workforce structure design

    We determine the optimal contract mix for your business: permanent seasonal workers for the core seasonal workforce, indefinite contracts for permanent positions, and short-term reinforcement for activity peaks. We draft contracts in accordance with the applicable agreement.

  3. Dismissal and dispute management

    We prepare dismissal letters, documentation for SMAC conciliation, and representation at tribunal if the worker challenges the dismissal before the Employment Court. We pay special attention to the regime for permanent seasonal workers following the labour reform.

  4. Seasonal ERTE and ERE

    We manage ERTE on productive grounds or force majeure (weather events, pandemics, temporary closure) and ERE where structural workforce reduction is necessary. We negotiate with employee representatives and coordinate with SEPE.

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The problem

Hospitality is the sector that receives the highest number of Labour Inspectorate visits in Spain. Structural seasonality, permanent seasonal contracts following the 2022 reform, uncompensated overtime, working time controls, rest periods between night shifts, and the special treatment of tips are constant sources of conflict and sanctions. The sector also operates under more than twenty different collective agreements depending on the sub-sector and region, making it essential to know which one applies in each case. A serious infringement for breaching working time rules can result in a fine of up to €225,018 and joint and several liability for the principal company in subcontracting arrangements.

Our solution

At BMC we provide comprehensive employment advisory for hospitality and tourism businesses: from designing the workforce structure and appropriate contracts through to managing dismissals, ERE, seasonal ERTE, and representation before the Labour Inspectorate and employment tribunals. We know the sector's collective agreements — including those for Madrid, Catalonia, Valencia, and Andalusia, as well as national agreements for hotel chains — and we respond quickly to Inspectorate requirements.

Process

How we do it

1

Establishment employment audit

We review contracts, working time records, shift rosters, the digital inspection register, and Social Security contributions to identify risks before the Inspectorate arrives. We deliver a report with critical points and a remediation plan.

2

Workforce structure design

We determine the optimal contract mix for your business: permanent seasonal workers for the core seasonal workforce, indefinite contracts for permanent positions, and short-term reinforcement for activity peaks. We draft contracts in accordance with the applicable agreement.

3

Dismissal and dispute management

We prepare dismissal letters, documentation for SMAC conciliation, and representation at tribunal if the worker challenges the dismissal before the Employment Court. We pay special attention to the regime for permanent seasonal workers following the labour reform.

4

Seasonal ERTE and ERE

We manage ERTE on productive grounds or force majeure (weather events, pandemics, temporary closure) and ERE where structural workforce reduction is necessary. We negotiate with employee representatives and coordinate with SEPE.

Hospitality and tourism: the sector under the Inspectorate’s spotlight

Hospitality is, alongside construction, the sector that receives the highest number of Labour Inspectorate visits in Spain. The combination of large workforces, high turnover, structural seasonality, and atypical working hours creates an environment where employment compliance is especially demanding. Since the 2022 labour reform, the rules of the game have changed significantly: the casual employment contract is no longer the automatic response to seasonal needs, and permanent seasonal contracts have become the norm.

At BMC we advise hotels, restaurant chains, catering companies, travel agencies, and tour operators on the management of their workforces. Our employment law team knows the sector’s collective agreements — including the most complex regional variants — and has direct experience representing clients before the Labour Inspectorate, SMAC, and the employment tribunals.

Collective agreements in hospitality: which applies and what it says

Spain has more than twenty active hospitality collective agreements with meaningful differences in wages, maximum working hours, rest periods, night shift supplements, occupational categories, and other allowances. The applicable agreement depends on the company’s CNAE code, the territorial scope, and the existence or otherwise of a company agreement. A hotel in Madrid may apply the Community of Madrid hospitality agreement, while a chain with its own agreement applies that agreement across all its establishments.

We review the applicable agreement for each client, compare the actual employment conditions with the minimum contractual requirements, and identify any potential wage or conditions shortfalls that could generate retrospective claims.

Permanent seasonal workers: the new reality of the season

The 2022 labour reform fundamentally transformed temporary employment in hospitality. Casual employment contracts can only be used for a maximum of ninety days per year and for unforeseeable or non-cyclical situations. The tourist season — cyclical by definition — must be managed through permanent seasonal contracts: these workers have an indefinite employment relationship with the company but only provide services during the period of activity.

The implications are significant: permanent seasonal workers accumulate seniority throughout all periods worked, have priority recall over new recruits, and their dismissal requires the same grounds as that of any indefinite employee. We design workforce structures that comply with the legislation and minimise total employment costs.

Managing the Labour Inspectorate

When an inspector arrives, response time is critical. At BMC we attend Inspectorate proceedings, respond to requirements within the deadline, provide the documentation requested, and — if an infringement notice is issued — we submit representations and appeals before the labour authority. We know the Inspectorate’s criteria in the hospitality sector and which arguments are most effective for each type of infringement.

Contact our employment lawyers for a review of your establishment’s compliance position.

FAQ

Frequently asked questions

Spain has hospitality collective agreements at regional level (Madrid, Catalonia, Andalusia, Valencia, and others) and company agreements for large hotel chains. The applicable agreement depends on the exact activity code (CNAE), the territorial scope, and whether a company agreement exists. A hotel in Barcelona will commonly apply the Catalonia hospitality agreement, while a chain with its own agreement applies that agreement across all its establishments. An incorrect determination of the applicable agreement can generate salary arrears that can be claimed retroactively.
The 2022 reform abolished the casual employment contract as the standard vehicle for structural seasonality. Seasonal hospitality staff must now be engaged on permanent seasonal contracts (fijo-discontinuo), meaning the worker maintains an indefinite employment relationship with the company even when not providing services outside the season. Dismissing a permanent seasonal worker is more complex than dismissing a casual worker, and the conditions for calling them back and failing to do so are subject to judicial scrutiny.
Since 2019, all employers must record the daily working hours of each worker, with the specific start and finish times. In hospitality, where split shifts, standby hours, and overtime are common, rigorous compliance with the recording obligation is critical. The Labour Inspectorate requires records in a format that enables verification of the maximum working day and mandatory rest periods. Non-compliance is a serious infringement carrying a fine of up to €7,500 per affected worker.
An ERTE on productive grounds allows the employer to reduce working hours or suspend contracts when activity falls for cyclical or seasonal reasons. In hospitality, many establishments use this mechanism during months of closure or low activity. The process requires notification to the labour authority, consultation with employee representatives (or directly with the employees where there is no works council), and an application for unemployment benefit for the affected workers with SEPE. The process has strict deadlines, and incorrect handling can generate joint and several liability for the company.
Employment infringements are classified as minor (up to €2,245), serious (up to €22,500 at the maximum grade), and very serious (up to €225,018). The most frequent infringements in hospitality are: fraudulent use of temporary contracts, failure to record working time, uncompensated overtime, failure to register workers with Social Security, and non-compliance with agreement wage scales. Inspectorate reports carry a presumption of accuracy and must be challenged with solid technical arguments.
Tips voluntarily given by customers to hospitality workers are considered part of remuneration and, since the 2022 labour reform, must be included in the Social Security contribution base if they are structural and habitual — i.e., the worker receives them with regularity as a complement to their wage. Employer-administered tip pools must be distributed in accordance with the applicable collective agreement or a documented internal policy. Individual workers who receive tips directly are responsible for declaring them in their IRPF return as employment income. Failure to contribute on habitual tips is one of the Labour Inspectorate's specific targets in inspections of restaurant chains and hotel food and beverage operations.

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Frequently asked questions

Questions about Employment Lawyer for Hospitality and Tourism

Spain has hospitality collective agreements at regional level (Madrid, Catalonia, Andalusia, Valencia, and others) and company agreements for large hotel chains. The applicable agreement depends on the exact activity code (CNAE), the territorial scope, and whether a company agreement exists. A hotel in Barcelona will commonly apply the Catalonia hospitality agreement, while a chain with its own agreement applies that agreement across all its establishments. An incorrect determination of the applicable agreement can generate salary arrears that can be claimed retroactively.
The 2022 reform abolished the casual employment contract as the standard vehicle for structural seasonality. Seasonal hospitality staff must now be engaged on permanent seasonal contracts (fijo-discontinuo), meaning the worker maintains an indefinite employment relationship with the company even when not providing services outside the season. Dismissing a permanent seasonal worker is more complex than dismissing a casual worker, and the conditions for calling them back and failing to do so are subject to judicial scrutiny.
Since 2019, all employers must record the daily working hours of each worker, with the specific start and finish times. In hospitality, where split shifts, standby hours, and overtime are common, rigorous compliance with the recording obligation is critical. The Labour Inspectorate requires records in a format that enables verification of the maximum working day and mandatory rest periods. Non-compliance is a serious infringement carrying a fine of up to €7,500 per affected worker.
An ERTE on productive grounds allows the employer to reduce working hours or suspend contracts when activity falls for cyclical or seasonal reasons. In hospitality, many establishments use this mechanism during months of closure or low activity. The process requires notification to the labour authority, consultation with employee representatives (or directly with the employees where there is no works council), and an application for unemployment benefit for the affected workers with SEPE. The process has strict deadlines, and incorrect handling can generate joint and several liability for the company.
Employment infringements are classified as minor (up to €2,245), serious (up to €22,500 at the maximum grade), and very serious (up to €225,018). The most frequent infringements in hospitality are: fraudulent use of temporary contracts, failure to record working time, uncompensated overtime, failure to register workers with Social Security, and non-compliance with agreement wage scales. Inspectorate reports carry a presumption of accuracy and must be challenged with solid technical arguments.
Tips voluntarily given by customers to hospitality workers are considered part of remuneration and, since the 2022 labour reform, must be included in the Social Security contribution base if they are structural and habitual — i.e., the worker receives them with regularity as a complement to their wage. Employer-administered tip pools must be distributed in accordance with the applicable collective agreement or a documented internal policy. Individual workers who receive tips directly are responsible for declaring them in their IRPF return as employment income. Failure to contribute on habitual tips is one of the Labour Inspectorate's specific targets in inspections of restaurant chains and hotel food and beverage operations.
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