Rights of Moroccan Seasonal Workers in Spain in 2026

ANAPEC centralises applications when it is entrusted with a Moroccan-Spanish recruitment campaign. Candidates must be registered as jobseekers and meet the requirements of the advertised offer. Criteria may relate to agricultural experience, availability, area of residence or the skills required for the position. They are not identical for every campaign. Always request the offer number or reference, the selection venue and an identifiable invitation; an advertisement circulated only in a private group does not prove that official recruitment is taking place.

After preselection, the Spanish employer or its representative may participate in interviews. The selected person must receive understandable information about the farm, position, expected duration, wages, working hours, housing and transport. The contract, Spanish decision and visa must identify the same employer or the same authorised group. A tourist invitation, a WhatsApp message or a photocopy without a case number does not replace a seasonal work authorisation.

The application generally includes a valid passport, national identity card, visa forms, photographs, the contract and the Spanish decision authorising recruitment. A medical certificate, criminal record extract, proof of residence or other documents may be requested depending on the duration and consular instructions. The list in the official invitation takes precedence over lists circulating online. Keep digital and paper copies of all documents, including pages bearing visas and stamps.

Before travelling, check the employer’s legal name, address, the province where you will work, the scheduled dates and the collective agreement cited. Also ask who will meet the group upon arrival and how to reach the accommodation. Placement through ANAPEC does not justify any private commission. A person who asks for several thousand dirhams to add a name to a list, expedite a visa or guarantee a recall for the following season presents a serious risk of fraud.

Travel costs are not necessarily allocated in the same way during every campaign. The annual GECCO order, the contract and the employer’s undertakings may distinguish between travel to Spain, transfer to the farm and return to Morocco. Insist on a written answer before departure. If you must pay an amount in advance, keep the invoice and proof of payment. These documents will be useful if the contract ultimately provided for reimbursement by the employer.

The wages of Moroccan seasonal workers in Spain must comply with the national minimum wage, the SMI, or the minimum set by the collective agreement if it is higher. Article 27 of the Workers’ Statute provides for annual determination by royal decree. The 2025 SMI was 1,184 euros gross per month in fourteen payments, or 16,576 euros gross per year. This figure remains a confirmed reference for 2025, but it must not be presented as the statutory rate for 2026.

If the 2026 decree has not yet been published when payroll is prepared, a range of 1,220 to 1,235 euros gross per month in fourteen payments may only be used for budget forecasting, based on the assumption of an increase of approximately 3 to 4%. This would represent approximately 17,080 to 17,290 euros gross per year. Caution: this estimate creates no entitlement and never replaces the decree. An increase published at a later date may be made applicable from 1 January and result in retroactive wage payments.

To obtain the official figure, conduct a real-time search for “salario mínimo interprofesional 2026” using the Boletín Oficial del Estado search engine. The result must be a real decreto stating the daily, monthly and annual amounts and its effective date. Publication often occurs between December and the following first quarter; you should therefore not assume that no change exists merely because the contract still uses the previous figure. The Huelva agricultural collective agreement must be checked separately.

When the two bonuses provided for by Article 31 are apportioned over twelve months, the payslip may show a higher monthly amount with the wording prorrata pagas extraordinarias. Comparing only one month’s wages then becomes misleading: the annual gross amount, the number of paid days and the collectively agreed rate must be examined. In agriculture, remuneration is frequently expressed as a daily rate. A productivity bonus is added to the minimum wage when provided for; it must not be used to conceal an insufficient basic rate.

Article 34 limits ordinary working time to forty hours of actual work per week on an annual average, subject to the arrangements provided for by the collective agreement. Overtime is governed by Article 35 and must be paid at least at the normal hourly rate or compensated with rest. The employer must keep a daily record of working time. Personally record start and finish times, breaks and plots worked, then compare them with the payslip provided.

The payslip must state gross wages, supplements, contributions, any tax deductions and the net amount. The total deducted from the employee is not limited to the common contingencies rate: other entries may relate to unemployment, training or the intergenerational equity mechanism, depending on the applicable scheme. An overall deduction labelled only “expenses” must be explained. Payment by bank transfer makes proof easier; for cash payments, insist on receiving a payslip and a dated receipt.

The employer must apply for affiliation or alta with the Seguridad Social before the first day of work. Article 7 of Real Decreto Legislativo 8/2015, which approves Spain’s General Social Security Law, includes foreign workers who are lawfully employed. Ask for your affiliation number and check the alta date on your Spanish employment history record. Registration made several days after work began may reveal a period of undeclared employment and reduce entitlements relating to illness, accidents or retirement.

Actual access to healthcare is provided through the autonomous community’s health service and, where the conditions are met, through a health card. In the event of an accident, notify the employer immediately and consult the occupational mutual insurance provider designated by the company. There is no general 24-hour time limit that automatically results in the employee losing all rights. Prompt reporting nevertheless protects the evidence. Keep the medical report, prescriptions, photographs, witnesses’ names and a precise description of the work performed.

The General Convention on Social Security between Morocco and Spain was signed on 8 November 1979 and entered into force on 1 October 1982. Its Additional Protocol, signed on 27 January 1998 and effective from 1 December 2001, amended and supplemented certain mechanisms. Aggregation of periods remains the operational principle for several benefits, particularly pensions, subject to the material scope of each instrument. When submitting a claim, the file must be checked with the CNSS and the competent Spanish institution.

Aggregation does not mean that Spanish contributions are transferred to the CNSS. Each country examines the periods completed under its legislation, determines whether the conditions are met by aggregating the periods, and then calculates its share. Payslips, the número de la Seguridad Social, contracts and vida laboral records must be retained. If a season is missing from the record, request its correction without waiting until retirement, as locating an employer or witnesses several decades later will be more difficult.

The A1 form, which replaced the former E-101 under European coordination rules, normally certifies the legislation applicable to a worker posted between states covered by the European regulations. It is not the standard form for a Moroccan directly hired by a Spanish employer under the GECCO programme. For an assignment genuinely remaining subject to Moroccan legislation, the CNSS and Spanish institutions use the certificates provided for by the bilateral convention and its administrative arrangement. Request the bilateral form corresponding to the case rather than insisting on an unsuitable A1.

A short season does not automatically create an entitlement to Spanish unemployment benefits upon return. The benefit depends on the contribution period, legal unemployment status, registration and residence or export rules. However, incapacity or an occupational accident may continue to have effects after returning to Morocco. Before leaving Spain while receiving treatment or while a medical procedure is ongoing, request the complete reports and contact the CNSS to arrange the application of the convention.

In the event of unpaid wages, undeclared working days or dangerous accommodation, gather evidence without exposing yourself to danger. Keep the contract, payslips, bank statements, work schedules, messages and photographs. A written complaint to the employer may establish a record of the facts, but it must not cause you to miss a deadline. Article 59 of the Estatuto de los Trabajadores provides, in principle, a one-year period to claim an amount of wages from the date it became due.

Challenging a dismissal or an equivalent termination is much more urgent: the time limit is normally 20 working days. A prior conciliation procedure must generally be initiated before the competent service of the autonomous community before bringing a claim before the Juzgado de lo Social. Filing an administrative complaint does not automatically suspend this judicial time limit. In practical terms, do not wait several weeks for a response from the Inspectorate if the employer has just terminated the contract.

The Inspección de Trabajo y Seguridad Social monitors affiliation, working hours, wages, risk prevention and certain accommodation-related conditions. It may establish infringements and propose penalties on the basis of Real Decreto Legislativo 5/2000. To obtain personal payment of wages or a ruling on a dismissal, proceedings before the Juzgado de lo Social for the place of work or the defendant will often be necessary. The exact court with jurisdiction depends on Spanish territorial rules and the facts of the case.

Huelva usually falls within the district of the Consulate General of Morocco in Seville, which sometimes provides outreach services during seasonal campaigns. The consular headquarters is located in the Isla de la Cartuja area of Seville; the commonly published switchboard number is +34 954 081 044, which should be checked before travelling. Opening hours and outreach services in Huelva may change depending on the season. Use the official directories at diplomatie.ma and consulat.ma to confirm the address, telephone number, opening hours and any mobile consular service on the day concerned.

The consulate can advise the employee, contact the employee’s family, facilitate certain procedures and provide consular protection. It does not replace the police, the Inspectorate or the Spanish courts. In the event of immediate danger, the emergency number in Spain is 112. Local trade unions can also help explain a payslip, prepare for conciliation and identify a lawyer or specialist advice service.

Sexual harassment, threats, confiscation of a passport, unlawful confinement or trafficking must not be treated as mere disagreements over pay. Keep messages, medical certificates, photographs and witnesses’ contact details, then contact the police where the conduct is criminally serious. Ley 1/1996 on legal aid allows foreign nationals who meet the financial eligibility requirements to apply for a lawyer. Eligibility depends on the case and an application must be made promptly to the competent Spanish services.