If you are in this situation and want to review a contract, a schedule, or a registration before your child starts, you can write to Fernanda Vargas by WhatsApp or book an appointment on Calendly.
Valentina is 16 years old. She lives in Alicante with her mother, Rosa. In June, as soon as the school year ends, she gets a summer job at an ice cream shop on the promenade. At first glance it sounds good: it is close to home, it is summer, and she is excited about earning her own money. But the owner throws out a proposal that already sets off every alarm bell: start “on a trial basis, without paperwork,” from Thursday to Sunday from 4:00 p.m. to 12:30 a.m., with a ten-minute break, stay an extra hour on Saturdays if there are many customers, and get paid in cash.
Rosa has not signed anything. Valentina does not know whether, because she is 16, she has to accept whatever they offer her. And here is the key: yes, you can work in Spain at 16, but not in just any way. A first job has the same rights as any other. And when the worker is 16 or 17, the company must also respect special limits on hours, rest, and protection.
“Start on a trial basis, without paperwork”: Valentina’s first summer job
The first thing Rosa does right is not let her daughter say yes without reviewing the conditions. Because the problem is not that Valentina wants to work. The problem is how they want her to work.
When a company tells you “come for a few days on a trial basis and then we’ll see,” that does not create a law-free zone. The probationary period is part of an employment contract and must be agreed in writing. Put plainly: working “on a trial basis” without a contract or registration is not a favor or a summer custom. It is working without a contract.
It is also no good for them to say that, because it is only for a short time or “just to earn something in the summer,” there is no need for paperwork. There is a need. If Valentina starts working, there must be a contract and registration with Social Security from day one. Getting paid in cash does not replace any of that.
- “On a trial basis, without paperwork” does not exist.
- If there is real work, there must be a contract.
- If there is real work, there must be registration with Social Security from day one.
- And if the person working is 16 or 17, there are also special limits that the company cannot ignore.
At what age can you work in Spain?
In Valentina’s case, the first question has an easy answer: yes, she can work because she has already turned 16. That is the general minimum age.
“1. The admission to work of minors under sixteen years of age is prohibited. 2. Workers under eighteen years of age may not perform night work or any activities or jobs for which restrictions on their hiring are established under Law 31/1995, of 8 November, on the Prevention of Occupational Risks, and the applicable regulations. 3. Workers under eighteen years of age are prohibited from working overtime.”
Translated into normal language: under 16, you cannot work. From 16 up to 18, you can work, but with special protections. The law does not leave it to the minor, the family, or the employer to decide.
There is only one exception for minors under 16: participation in public performances. But it is not a free or general exception.
“The participation of minors under sixteen years of age in public performances shall only be authorized by the labor authority in exceptional cases, provided that it poses no danger to their health or to their professional and personal development. The permission must be given in writing and for specific events.”
That means that, under 16, only that exceptional participation is allowed, with written authorization from the labor authority and for specific acts. It does not work for an ordinary summer job in a shop, bar, or ice cream shop.
Parental permission: who signs and for what
Rosa notices something else important: nobody has asked for her consent yet. And that is also a problem. Between 16 and 18, a minor does not start simply because the company wants them to or because they want to.
“Persons over sixteen and under eighteen years of age who live independently, with the consent of their parents or guardians, or with the authorization of the person or institution responsible for them.”
In practice, if your child is 16 or 17, the consent of the parents or guardians, or the authorization of the person who has them in their care, is required. In a case like Valentina’s, Rosa must authorize that job.
That consent does not replace the contract. It also does not replace registration with Social Security. It serves so that the minor can enter into their work contract in accordance with the law. And once authorized, they can exercise the rights under that contract like any other worker.
That is why, if the company is in a rush for the minor to start but does not want to speak with the mother, the father, or the guardian, that is a bad sign. An employer who wants to do things properly does not avoid that authorization: they ask for it and make it clear before starting.
What a minor can never do: night work and overtime
Now go back to Valentina’s schedule: from 4:00 p.m. to 12:30 a.m. There is one of the clearest breaches right there. Even if summer in hospitality is hectic and even if the promenade fills up at night, a minor cannot work at night.
“night work is considered to be work performed between ten at night and six in the morning.”
So, starting at 10:00 p.m., Valentina would already be doing night work. And the law prohibits it for minors under 18. It does not matter that she wants to. It does not matter that the business needs it. It cannot be agreed to or accepted “voluntarily.”
The same goes for “staying a little longer” on Saturdays. If that “little longer” exceeds her ordinary working day, it would be overtime. And overtime is prohibited for minors under 18. Here too, it does not work to say “just today” or “if there are many customers.”
In addition, there are activities and positions with special occupational safety restrictions for minors under 18. You do not need to memorize a list to understand the idea: if the job involves risks that the regulations limit for minors, they cannot be hired for that position on those terms. If your child is going to work outdoors in the summer, for example on terraces, promenades, or sun-exposed stands, it is also worth reviewing the specific rules on extreme heat: working in extreme heat in Spain: limits and rights.
How many hours and what breaks: Valentina’s schedule, point by point
If Rosa takes a piece of paper and reviews the proposal line by line, she sees that there is not just one problem: there are several. And that helps a lot to avoid the usual pressure of “everyone works like this in the summer.” No. A minor’s schedule has specific limits.
“At least twelve hours must elapse between the end of one working day and the start of the next.” […] “Workers under eighteen years of age may not work more than eight hours of effective work per day, including, where applicable, time spent on training and, if they work for more than one employer, the hours worked for each of them.”
This means several things at once. First: a 16- or 17-year-old cannot work more than eight hours of actual work per day. If training is included in the schedule, that also counts. And if they work for more than one employer, you do not look at each job separately: all the hours are added together.
In Valentina’s case, 4:00 p.m. to 12:30 a.m. is already too much. Even if you deducted the ten-minute break, it would still go beyond eight hours of actual work.
“In the case of workers under eighteen years of age, the rest period shall last at least thirty minutes and must be granted whenever the continuous working day exceeds four and a half hours.”
Another point in the owner’s proposal falls here. If the continuous workday exceeds four and a half hours, the minimum break is thirty minutes. Ten minutes is not enough.
“The weekly rest of workers under eighteen years of age shall be at least two uninterrupted days.”
In addition, the minor must have two consecutive days of weekly rest. And between the end of one workday and the start of the next, at least twelve hours must pass.
| What they are proposing to Valentina | What the problem is | What it should be |
|---|---|---|
| From 4:00 p.m. to 12:30 a.m. | Starting at 10:00 p.m., it is already night work, prohibited for minors, and it also exceeds 8 hours of actual work per day. | A schedule that ends before 10:00 p.m. and does not go over 8 hours of actual work. |
| 10-minute break | If the continuous workday exceeds 4.5 hours, the minimum break is 30 minutes. | At least 30 minutes of break. |
| Staying later on Saturdays if there are many customers | That would be overtime, prohibited for minors under 18. | No overtime, even if the minor wants to or the company asks for it. |
| Getting paid in cash and “without paperwork” | This does not replace the contract or registration with Social Security. | Contract, registration from day one, and salary in accordance with the collective bargaining agreement and the minimum wage. |
Is there anything in that proposal that, in principle, could work? Yes: if she works from Thursday to Sunday, she would have Monday, Tuesday, and Wednesday off, so the weekly rest requirement could be more than met. But that does not save the rest. A schedule can have one correct part and several illegal parts at the same time.
A legal alternative schedule for Valentina
To understand it better, Rosa offers the owner an option that would respect the law: for example, from 2:00 p.m. to 9:30 p.m., with a half-hour break, and with two consecutive days off per week.
That schedule avoids night work because it ends before 10:00 p.m. It also fits within the daily limit, includes the minimum 30-minute break, and allows the weekly rest to be organized. If the twelve hours between one workday and the next are also respected, you are much closer to a truly legal first job.
The same rights as any worker: contract, registration, and pay
Sometimes a minor’s first job is treated as if it were “less of a contract” than an adult’s. That is a mistake. The fact that Valentina is 16 does not mean she has fewer basic labor rights.
Her contract must be a normal employment contract. That means, at a minimum, that there is a contract, that she is registered with Social Security from day one, that she is paid according to the applicable collective bargaining agreement, and that, in no case, she is paid below the minimum wage. The minimum wage is not lower because someone is a minor.
She is also entitled to vacation in proportion to the time worked and the rest of the labor rights under the contract. The fact that it is summer, an ice cream shop, or her first job does not reduce those guarantees.
- Employment contract.
- Registration with Social Security from day one.
- Salary according to the collective bargaining agreement.
- Never below the minimum wage.
- Vacation in proportion to the time worked.
And here it is worth repeating the most important idea in the entire article: “on a trial basis and without paperwork” does not exist. If the company wants a probationary period, that period is part of the contract and must be agreed in writing. Without a contract and without registration, there is no lawful trial period: there is irregular work.
What to do if the company does not comply
Imagine that Rosa speaks with the owner and says something very simple: my daughter can work because she is 16, but my authorization, a contract, registration with Social Security, and a lawful schedule are required. If the employer corrects all that, perfect. If they do not, it is not a good idea to leave it at a hallway conversation.
- Speak to the company in writing and make it clear what must be corrected.
- Keep proof: schedules, messages, rosters, payment receipts, or transfers.
- If the situation is not corrected, you can go to the Labor and Social Security Inspectorate.
That step is especially important when the minor has already started working and the company still has no contract, no registration, or prohibited schedules. If you have doubts about how to approach the specific case, it is advisable to review it first with an employment lawyer.
Checklist before your child starts working
Before saying yes, Rosa can go through this list. It will help you too.
- Age: they must already be 16.
- Authorization: signed consent from the parents or guardians, or authorization from the person who has them in their care.
- Contract: there must be an employment contract; if there is a probationary period, it must appear in writing within the contract.
- Registration: registration with Social Security from day one.
- Hours: no more than 8 hours of actual work per day, including training and counting all employers.
- Nights: no work between 10:00 p.m. and 6:00 a.m.
- Overtime: none.
- Break during the workday: at least 30 minutes if the continuous workday exceeds 4.5 hours.
- Between workdays: at least 12 hours.
- Weekly rest: two consecutive days.
Frequently Asked Questions
At what age can you start working in Spain?
The general rule is from age 16. Below that age, only participation in public performances is allowed exceptionally, with written authorization from the labor authority and for specific acts.
Does my child need my signed permission to work?
Yes, if they are 16 or 17, consent from the parents or guardians, or authorization from the person who has them in their care, is required. That permission does not replace the contract or registration: all three things are needed.
Can a minor work at night or do overtime if they want to?
No. Night work is prohibited for minors under 18, and night work is work performed between 10:00 p.m. and 6:00 a.m. They also cannot work overtime, even if the minor wants to or the company asks for it.
How many hours a day can a 16- or 17-year-old work?
At most, 8 hours of actual work per day. That calculation also includes, where applicable, training time. And if they work for several employers, the hours from all of them are added together.
Do they have to be registered with Social Security even if it is a summer job?
Yes. Even if it is a summer job, even if it lasts a short time, or even if it is the first job, there must be registration with Social Security from day one.
In Valentina’s case, the conclusion is clear: yes, she can work because she is 16, but she needs Rosa’s consent, a contract, and registration with Social Security from day one. The schedule they are proposing is not valid because it enters night work starting at 10:00 p.m., exceeds the daily limit, does not respect the minimum 30-minute break, and also tries to add overtime on Saturdays. A schedule like 2:00 p.m. to 9:30 p.m., with a half-hour break and two consecutive days off, fits much better with the protection the law gives to minors. If the owner does not agree to correct it, Rosa and Valentina can go to the Labor Inspectorate.
If you want Fernanda Vargas to review the contract, the schedule, or your child’s situation before they start working, you can write to her by WhatsApp or book a consultation on Calendly.