Last December 27, the Government Council has passed the new contingent 2003 for foreign workers, which came into force last January 2003. By means of this Contingent, the Organic Law 4/2000 reformed by Law 8/2000 (which establishes the possibility of granting work permits to foreigners by means of various procedures, taking into account the personal circumstances, characteristics of the position and the current national employment situation in Spain) will be executed.
The Contingent of immigrant workers who are not in Spain proposed by the government for year 2003 is of 10.575 steady jobs, a number which may vary during the year, or according to the companies' needs and of the agreements with trade unions. Outside the Contingent, there is a plan of granting 13.762 permits to temporary workers. The number of steady jobs is very similar to the one proposed by the government for year 2002, 11.000 positions proposed, but there are fewer temporary offers.
After the faults and negligence found in Contingent 2002, it has been realised the need to give the mechanism procedure of flexibility, with the purpose of meeting the companies' real needs in faster and more efficient manner.
Contingent 2003 has to take into account not only the offers performed by means of the quota system but also other forms of hiring foreign workers allowed by Foreign Law and that up the moment had not been taken into account. Those that have authorisation to work in Spain and are not limited by the Contingent, that is to say those that with only a pre-contract of employment may come to Spain are, among others:
Foreigners born in Spain, the children or grandchildren of Spaniards, those who have under their charge ascendants or descendants of Spanish nationality, spouses of Spaniards, communitarians or legal residents, foreigners with authorisation to stay due to studies, those enrolled in Spanish ships or those performing educational professional practices.
The hiring procedures for the Contingent are carried out in three stages, a first stage of analysis of the needs of the trade market according to its activities and sectors, a second stage of distribution of the Contingent at a provincial level, and lastly, the selection and hiring of foreign workers in their countries of origin at the corresponding Spanish consulates, through companies or Businessmen Associations presenting more than five offers. Furthermore, it is a mandatory requisite that the worker be present at the moment of signing the contract.
Once the employment contract has been signed in the countries of origin at the corresponding Spanish consulates, the worker is granted a residence visa, which allows him to immediately incorporate himself to the trade market. He/she also obtains his/her enrolment and membership in the social security system.
The granting of the residence visa, after the signing of the contract in the country of origin, will be valid as a work permit. In a period not superior to 30 days from entry in Spain, the foreign worker must apply for the corresponding resident permit at the corresponding Government Subsidiary Office
We will soon inform on our web page of the content of the definite document and specific procedures to follow.
For specific information about your personal case, documents required to workers or companies ask our lawyers.
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