Employment Issues in Video Game Development: Spain

Misclassifying employees as independent contractors can result in Social Security fines of €3,750–€12,000 per worker, plus potential surcharges of up to 150% of unpaid contributions.

Indefinite contracts are the legal default in Spain, with fixed-term contracts strictly limited to production needs (six-month maximum) or employee replacement (90 days per year); misuse of these terms triggers fines of €751–€7,500 per employee.

Occupational risk prevention, specifically regarding 'crunch' and psychosocial health, is mandated under Law 31/1995, with non-compliance penalties ranging from €45 up to €983,736 for severe violations.

Remote work agreements must be voluntary, cover at least 30% of working hours, and include employer-funded equipment costs of approximately €25–€35 per month to avoid fines of €751–€7,500.

Companies are legally required to implement objective daily time-recording systems and adhere to digital-disconnection protocols, while organizations with over 50 employees must also maintain formal equality plans and whistle-blowing channels.

Irregular distribution of working hours is permitted only up to a 10% pool and requires a minimum of five days' advance notice to the affected employee.