Aspectos Laborales en el Desarrollo de Videojuegos

The guide aims to equip professionals in the Spanish video‑game sector with a practical framework for complying with national labour legislation while fostering safe, flexible and sustainable work environments. It stresses that employment relationships must be governed primarily by the Estatuto de los Trabajadores and the 2022 labour reform, positioning indefinite contracts as the default model and limiting temporary contracts to production‑related needs or substitution of specific workers.

Key legal risks are highlighted, notably the use of “falso autónomo” arrangements. Indicators such as dependence, lack of entrepreneurial risk, fixed remuneration and provision of equipment can reclassify a contractor as an employee, exposing firms to Social Security back‑payments of up to €50 000, fines ranging from €3 750 to €12 000 per case and additional penalties of 100‑150 % of the owed contributions. Incorrectly formalised temporary contracts trigger automatic conversion to permanent status and fines between €751 and €7 500 per affected worker.

The document outlines the regulatory regime for teleworking, requiring a voluntary agreement, employer‑borne provision costs of roughly €25‑35 per month, and detailed specifications on schedules and monitoring tools. Non‑compliance is penalised as a grave infringement with fines identical to those for improper temporary contracts. Prevention of occupational risks, especially the “crunch” phenomenon, is mandated under the 1995 Prevention of Risks Law; violations can attract fines from €45 up to €983 736, and employers may face civil liability for work‑related injuries or illnesses.

Additional obligations include mandatory daily working‑time records introduced in 2019, the use of irregular‑hour distribution up to 10 % of total hours with five‑day notice and strict rest‑period safeguards, and the implementation of digital‑disconnection protocols, equality plans for firms with more than fifty employees, whistle‑blowing channels and digital‑device usage policies. The guide, authored by legal experts and industry consultants, synthesises statutory provisions and recent reforms to provide a comprehensive compliance checklist for developers, publishers and marketing teams operating within Spain’s