The conditions of service for academic staff working in higher education vary depending on whether they teach in university education or non-university education.

In university education, the State establishes the framework laws and the Autonomous Communities are responsible for their implementation, according to what their Statute of Autonomy stipulates.  In their turn, universities enjoy institutional autonomy, ensuring this way academic, study and research freedom, as well as their autonomy in the administration and management of their own resources.

The work terms and conditions of contracted teaching and research staff are regulated by Royal Legislative Decree 5/2015, which approves the revised text of the Law on the Basic Statute of Public Workers. In addition, Royal Decree 103/2019, approves the Statute for pre-doctoral research staff in training. 

The work terms and conditions of the civil servant teaching staff in university teaching bodies are regulated in the Organic Law 6/2001 on Universities (LOU) as amended by the Organic Law 4/2007 (LOMLOU). 

Planning policy

The education authorities, both the Ministry of Science, Innovation and Universities and the Regional Ministry or Department of Education of every Autonomous Community, are responsible for managing the conditions of service of teachers in university education institutions.

There are also several bodies for coordinating the education policy where these and other entities reach agreements on the teaching staff. 

Within the General Negotiating tables, both in the State General Authority and in the Autonomous Community, there is a Sectoral Table for the civil servants of Universities, where the issues concerning the university field are dealt with.

Other coordination bodies meaningful for the university planning policy:

• At State level:
  • Council of Universities: It is made up by the Minister, who chairs it, the vice-Chancellors of the universities and five members appointed by the President of the Council. Article 1 of Royal Decree 1677/2009, defines the Council of Universities as the body for academic coordination, as well as for cooperation, consultation and proposals in university matters. Some of its functions are:
    • promoting collaboration, cooperation and coordination in academic matters;
    • informing on the legal and regulatory provisions that affect the university system;
    • providing advice on university matters;
    • submitting proposals to the Administration;
    • verifying the suitability of curricula;
    • establishing national accreditation procedures for access to university teaching bodies.
  • General Assembly for University Policy: It is the body for agreement, coordination and cooperation of the general university policy, without prejudice of the functions assigned to the coordination bodies of the Autonomous Communities. It is made up by the people in charge of university education in the Governing Councils of the Autonomous Communities, and by five members designed by the President of the Assembly. Article 27bis of the LOU, as amended by the LOMLOU, states that its functions include:
    • establishing and assessing the general guidelines of university policy, its organisation in the European Higher Education Area and its interrelationship with scientific and technological research policies;
    • drawing up, informing, consulting and providing advise on the programming of university education, which covers the necessary human, material and financial resources for the public university services;
    • approving the coordination criteria for evaluation, certification and accreditation activities;
    • coordinating the drawing up and monitoring of reports on the application of the principle of gender equality;
    • drawing up a report on the situation of the university system and its funding, and formulating proposals to improve its quality and efficiency planning, reporting, consulting and advising on the general and multi-annual programming of university education, including the human, material and financial resources required for the provision of the university public service. 
• At regional level:

  • Secretariats or General Directorates for Universities:According to article 3 of Royal Decree 431/2020, they undertake the following duties:

    • regular representation of the Ministry of Universities;
    • institutional relations;
    • consultancy, technical support and direct management in the international sphere;
    • support in the planning and coordination of the Ministry of Universities' activities and/or preparation and coordination of the department's general plans in the areas of regulations, budgetary policy, personnel and remuneration, assets, real estate and infrastructures, information and communications technologies, economic programming and budgetary control and/or activities for the preparation of the department's general provisions;
    • tasks related to the processing of the Council of Ministers' affairs, of the Government Delegate Commissions and of the General Commission of Secretaries and Under Secretaries of State;
    • relations of the Ministry of Universities with jurisdictional bodies, with the other departments of the General State Administration, with the Government Delegates and Subdelegates and with the remaining bodies of the General State Administration in the territory;
    • management of the inspection function over the services, bodies and centres dependent on the department;
    • management of administrative services;
    • coordination of actions in the area of gender equality;
    • functions associated with the Erasmus+ Programme
• At university level:
  • Governing Council: Article 15 of the LOU as amended by the LOMLOU, defines it as the highest collegiate governing body governing and representing public universities. Its functions are to implement: 
    • the guidelines and programmes for universities, in terms of the organisation of studies, research, human and financial resources and budgeting;
    • it is constituted by the Chancellor, who chairs it, the General Secretary and the Managing Director, and by a maximum of 50 members representing the university community, in line with the provisions of its statutes.

Once they have reached the necessary agreements, the universities themselves, depending on their needs, publish their own public vacancies for teaching staff, both for the teaching bodies and the staff on a contractual basis.

Entry to the profession

Entry to the teaching profession varies according to the ownership of the university and is regulated barticles 3-11 of Royal Decree 1313/2007, which regulates the system of competitive examinations for access to university teaching bodies. 

Access to a teaching position at a public university can be either as a civil servant in the teaching body or as a contracted employee. In both cases, access is done through a merits competition.

- Civil servant teachers from university teaching bodies

Candidates willing to access the civil servant teaching bodies, before participating in the selection process, must hold a national accreditation regulated and defined by the category of the body and the branch or branches (in the event the candidate has a multidisciplinary specialisation) of knowledge they wish to access.

This accreditation system entails a prior assessment of the applicants' merits and skills so that the selection is carried out in the best conditions of efficiency, transparency and objectivity.

A specific accreditation committee in the scientific and academic field in which the applicant intends to be accredited assesses:

• academic, professional, teaching and research merits, as well as those related to academic and scientific management, for accreditation for access to the body of University Lecturers;
• research, teaching, professional and transfer merits, as well as those related to academic and scientific management, for accreditation for access to the body of University Professors.

Each committee must be comprised mainly of:

• university senior professors (or researchers or experts with the equivalent status), representing two thirds of the total number of members of the committee;
• university senior lecturers (or researchers with the equivalent status), representing one third of the total number of members of the committee;
• other research staff and internationally renowned experts can also be members of the committees.

The number of full members of each committee varies depending on the internal diversity of each academic and scientific field, as well as on the expected number of applications, which should never be less than 7 or more than 13. It consists of:

• president
• secretary
• academic members;
• professional members.

Every committee will have a sub-committee, comprised of university senior professors, research teachers and internationally renowned experts with equivalent status. This sub-committee has the exclusive competence to evaluate and decide upon applications for accreditation as university senior professors.

Subsequently, the universities announce the corresponding entry competition, which is regulated on the grounds of their respective calls and the statutes of the university making the call. The characteristics of the call are the following:

• the announcement is made by the vice-Chancellor;
• it establishes the number of vacancies, indicating the level of the Teaching Body, the knowledge area and the teaching and research duties to be carried out by the candidates who obtain the post.

The selection committees established for the competition proceed as follows:

• they evaluate the academic, teaching and research record of the candidates, as well as their teaching and research project, and assess their capacities to present and debate in the corresponding subject or specialisation;
• thereafter, they submit to the vice-Chancellor a list with all the candidates ranked in order of preference for their appointment, without exceeding the number of vacant positions established;
• the vice-Chancellor appoints the selected candidate in line with the proposal made, orders their registration in the corresponding staff register and the publication in the Spanish Official Gazette and in the gazette of the relevant Autonomous Community. He/she also communicates it to the Council of Universities.

- University teaching and research hired staff

Article 48 of the LOU as amended by the LOMLOU, establishes the hiring of teaching and research staff by public universities. This can be carried out through:

• the recruitment modalities that are specific for the university field;
• the modalities provided in the Workers Statute for replacing workers with the right to have their job reserved;
• research, technician or other kind of staff can also be hired through a contract for a specific project or service, for developing projects for scientific or technical research.

This recruitment is made through a public competition, except for the figure of Visiting Lecturer:

• the selection is made in line with the principles of equality, merit and capacity;
• a preferential merit is to be accredited for taking part in competitions for accessing the civil servant teachers bodies;
• the teaching and research staff contracted at full time cannot exceed 49% of the teaching and research staff of the university;
• professors hired on a temporary basis cannot exceed 40% of the total teaching staff;
• those professors who do not teach the studies leading to the obtaining of the official degrees are not taken into account for calculating these percentages, as well as the staff of the research centres attached to the university.

At private universities there is only staff employed on a contractual basis. The probationary period varies depending on the profit nature of the university (five months in private for-profit universities and up to a maximum of four months in private non-profit universities). At least, 50% of all the teaching staff must hold a PhD. In addition, at least 60% of all PhD lecturers of these universities must have also obtained a positive evaluation by the National Agency for Quality Assessment and Accreditation (ANECA) or by the external evaluation body established by the Autonomous Community.

Professional status

Professors of public universities mainly work on a full-time basis, although there also exists a part-time basis regime.  The workload is, in all cases, compatible with scientific, technical or artistic projects.  Professors’ duties, depending on whether they work on a full-time or part-time basis, are defined in the statutes of each university, according to the regulations related to the university teaching staff regime.

Articles 47-55 of the LOU as amended by the LOMLOU, regulate the professional status of university teachers:

- Civil servant teachers from university teaching bodies

Civil servant professors have a permanent contract with universities.

- University teaching and research hired staff

The professional status of the teaching staff employed on a contractual basis varies depending on the category to which they belong:

• Assistants: they will be hired on a temporary, full-time basis. Assistants will collaborate in teaching tasks up to a maximum of 60 hours per year. The duration of the contract may not be less than one year or more than five, and may be extended or renewed if the contract is signed for less than the maximum duration, provided that the total duration does not exceed the aforementioned five years.
• PhD assistant lecturers: to be hired, they must be positively evaluated by the ANECA or by the corresponding external evaluation body determined by the Autonomous Community. They will be hired on a temporary, full-time basis. The duration of the contract may not be less than one year or more than five, and may be extended or renewed, provided that the total duration does not exceed the aforementioned five years.
• Collaborating lecturers: Article 2 of Royal Decree 989/2008, which regulates the exceptional hiring of collaborating lecturers, establishes that universities may hire lecturers for certain degrees to cover special teaching needs.
• PhD contract lecturers: they will be hired on a permanent, full-time basis.
• Associate lecturers: they will be hired on a temporary, part-time basis. Or Visiting lecturers: they will sign a temporary contract, or for a duration agreed by the parties, and will work either on a full or part time basis.
• Emeritus lecturers: universities may appoint emeritus lecturers from among their retired lecturers who have provided outstanding services to the university.

Article 12 of the Resolution of 27 August 2019, registering and publishing the 8th National collective bargaining agreement for private universities, private university centres and postgraduate training centres, the entry of staff in private universities features the following characteristics:

• it is regulated by a national collective agreement, which varies according to the profit nature of the institution (for-profit and non-profit);
• it is done through a free contract between the worker and the owner of the institution;
• the recruitment modalities for the teaching staff are regulated by each collective agreement.

The teaching staff of private universities and university private institutions attached to universities cannot be active civil servants of a university teaching body and work in a public university. The same restriction applies to full-time teaching and research staff.

The 2015 Act on the Basic Statute of Public Workers, establishes the duties that the staff working for the public administration must comply with, no matter what their field might be, specifying the code of conduct and the ethical and conduct principles to be followed.

In addition, there is a Code of Ethics for the Teaching Profession approved by the General Council of the Official Colleges of PhDs and Bachelors in Philosophy, Literature and Sciences in November 2010, which includes:

• the fundamental rights of the education professional when exercising their activity with students, families and guardians, the professional institution, the colleagues, the profession itself and  society.

Salaries

Professors' salaries vary depending on the ownership of the university where they teach and on their professional status.

In public universities, the salaries and the promotion requirements of the teaching and research staff depend on whether they are career civil servants or contract staff.

As for civil servants, they are established at State level by the general regulations for workers, within each teaching body and for each series of professional levels or categories.

The State and the Autonomous Communities may establish additional remuneration linked to individual merits related to the teaching practice and time devoted to it, teacher training, research, technological development, transfer of knowledge and management.  Thus, university civil servant professors may receive two types of additional payments aimed at promoting the teaching and research activity:

• the specific additional remuneration for teaching merits, received after the positive evaluation every five years
• the productivity additional remuneration, which is received after a positive evaluation of the research activity carried out every five or six years.

Minimum salaries of university career civil servant professors with a full-time basis

(*) The data in the table, concerning the Additional Remuneration attached to a Post and the Specific Additional Remuneration, correspond to the average mean calculated from the amount to be received in each of the two extraordinary pays, in June and December.

Source: Drawn up by Eurydice Spain-Spanish Network for Information on Education (INEE, MEFP) on the basis of the Remuneration of Civil Servants for 2021 and Royal Decree 1086/1989.

In their turn, the remunerations of contract teaching and research staff in public universities are regulated by the State, Royal Decree 1086/1989 and the Autonomous Communities. Therefore, it may vary from one Autonomous Community to another.

In addition, and within the limits established by the Autonomous Communities, each university may agree to grant salary bonuses linked to:

• individual merits based on the teaching practice and the time devoted to it, teacher training, research, technological development, transfer of knowledge and management. Besides, the Government may establish incentive programmes aimed at fostering the contract staff’s productivity.

At private universities, the salaries of the teaching staff are established in the respective employment contracts, with the limits and amounts established by the regulations in force.

In addition,  in line with the profit nature of the institution, the salary is set by:

The 12th State Collective Agreement for University Education and Research Institutions (non-profit-making institutions) and consists of:

• salary
• remuneration that can be consolidated (seniority (bonus every three years) and additional remuneration linked to the exercise of management posts, if applicable;
• other types of remuneration: special remuneration linked to the teaching activity and remuneration that cannot be consolidated;
• salary linked to the length of time spent in the company, if applicable.

The 8th National Collective Agreement for Private Universities, Private University Centres and Postgraduate Training Institutions (profit-making institutions), whose salary components are: 

• basic salary of group (subgroup);
• basic salary attached to level;
• voluntary bonuses;
• non-absorbable supplements;
• hourly specific teaching supplement;
• additional supplement linked to the temporary exercise of management posts;
• extra pays.

The final salary of this teaching staff depends on several factors, such as the kind of working day, the professional category of the professor and the type of institution.

Working time and holidays

Working day

In accordance with Royal Decree 898/1985, and the LOU as amended by the LOMLOU,  the University Statutes establish the obligations of teaching staff depending on whether the teachers work on a full-time or part-time basis.

According to article 4 of Royal Decree-Law 20/2011, university teaching staff shall preferably perform academic duties on a full-time basis. The workload will, in all cases, be compatible with scientific, technical or artistic projects.

The working hours of full-time lecturers shall be the same as those established in general for civil servants in the State Public Administration and shall be divided between teaching and research activities, as well as attending to the management and administrative needs of their Department, Centre or University.

In public universities, full-time teaching staff’s working hours shall be the same as those established in general for civil servants in the State Public Administration. As from January 1st 2012, and for the whole of the state public sector, the ordinary working day will consist of a weekly average of no less than 37 hours and 30 minutes. 

• Teaching duties in their working day:
  • usually 8 teaching hours, both for civil servants and contract professors (except for senior lecturers of university school, for whom 12 teaching hours per week apply);
  • civil servant staff must devote to the teaching activity the necessary time of the day for teaching 24 ECTS credits every academic year;
  • their teaching activity, however, can vary depending on their research activity, according to the following rules:

1. the following ones must devote to the teaching activity the necessary part of the day for teaching 16 ECTS credits every academic year:

• Senior lecturers of University, Senior lecturers of University School, or Senior professors of University School with three or more consecutive positive evaluations of their research activity, having passed the last one in the last six years or;
• Senior professors of University with four or more consecutive positive evaluations of their research activity, having passed the last one in the last six years. In any case, if five evaluations of the research activity have been passed.

2. the following ones must devote to the teaching activity the necessary part of the day for teaching 32 ECTS credits every academic year:

• those who have not been evaluated during the first six years of their research activity or who have obtained a negative evaluation of the said period or;
• when more than six years have passed since the last positive evaluation of their research activity;
• academic supervision: 6 hours a week;
• the rest of the timetable: research work, management and administration activities for their Department, Centre or University.

Part-time professors are regulated in article 9 of Royal Decree 898/1985.  They teach a minimum of 3 hours and a maximum of 6 a week, and devote the same number of hours a week to tutoring.

In private universities, the total number of working hours per week depends on the different teachers´work schemes.

The 13th State-wide collective agreement for university education and research institutions, establishes the working time regime in non-profit educational institutions:

• exclusive full-time professors: 37.5 hours per week of availability at the educational institution (1 615 hours per year);
• full-time professors: 30 hours per week of availability at the educational institution (1 290 hours per year);
• part-time teaching staff: all of those whose working time is lower than for those who work full-time. The working time is agreed between the employee and the institution;
• during the months of July and August the amount of working hours per week is reduced to 35, on a continuous basis and non-recoverable.

The 8th National collective bargaining agreement for private universities, private university education institutions and postgraduate training institutions defines the regime of dedication for teaching staff in for-profit educational institutions:

• exclusive full-time professors: 1 685 hours per year, of which 613 are devoted to teaching and 1 072 to other activities (management duties, research projects, class preparation and tutoring, etc.);
• the distribution of the weekly working time is established by the Company according to their needs at the beginning of the academic year or at the beginning ot each four-month period;
• during the months of July and August full-time teaching staff’s working time is continuous, with a maximum of 6 hours per day (in cases where there is no teaching activity during those months).

Holidays

In accordance with the provisions of article 50 of Royal Legislative Decree 5/2015, teaching staff in public universities have:

• 22 working days every full year of active service (Saturdays are not considered as working days);
• the corresponding days in proportion if the time worked was less than a year;
• the bank holidays established at State, regional and local level.

Teaching staff in private universities are entitled to the following holidays: 

The 13th State-wide collective agreement for university education and research institutions, establishes the holiday time regime in non-profit educational institutions:

• 31 calendar days of holiday per calendar year (preferably in July and August) of which 9 days must be mandatory on Saturdays and ; Sundays​
• the corresponding days in proportion if the time worked was less than a year;
• the same rest days that students enjoy for Christmas and Easter;
• one rest day per year;
• the bank holidays established at State level;
• the corresponding regional and local bank holidays.

The 8th National collective bargaining agreement for private universities, private university education institutions and postgraduate training institutions defines the holiday time regime for teaching staff in for-profit educational institutions:

• 1 month for holidays a year, preferably in Summer;
• the same amount of days for Christmas an Easter set for the students, being compulsory for them  to go back to work 1 day before the students;
• the bank holidays established at State level;
• the corresponding regional and local bank holidays.

Promotion, advancement

University statutes establish the norms in order to ensure that professional promotion of the staff takes place in accordance to the principles of publicity, equality, merit and capacity.

Civil servant professors of public universities may move up from one Body to another immediately higher by participating in the competitive examinations announced by universities. Candidates must meet the requirements related to qualifications, merits and seniority, and pass the qualifying examinations established by each university.

In addition, university professors may also undertake posts in leadership and management bodies within the university. 

As for contract professors of public universities, vacancies in higher categories are to be covered, preferably, by staff from lower levels in the same group, on the basis of their ability, qualifications, eligibility and seniority in the institution.

They may also participate in competitive examinations to gain access to civil servant status providing that they meet all requirements.

In the case of profit oriented private institutions, the 8th National Collective Agreement for Private Universities, Private University Institutions and Postgraduate Training Institutions specifies that teachers’ advancement to the immediately higher level is done by the company, taking into account the candidates’ degree and the duties that they will be performing. The positions shall be preferably filled by members of the staff in lower categories as long as the company considers they comply with the necessary skills, capacities and applicable legal requirements.

Part time workers, specially those working less than 12 hours per week and less than 48 hours per month, will have priority above others should they want to extend their working hours or apply for any vacancies, as long as they comply with the established requirements.

In the case of non-profit private institutions, teachers’ advancement conditions are established in the 13th State Collective Agreement for University Education and Research Institutions, which specifies that the promotion of these professors is subject to the statutes and internal regulations and rules of each institution. When there is no such plan, teachers’ promotion should comply with the following criteria:

• vacancies are to be covered, preferably, by staff from lower levels in the same group, on the basis of their ability, skills and seniority in the institution;
• if the responsible person in the institution considers there is no ideal candidate among the staff, the vacancies can be freely covered, in which case priority will be given to interim teachers, teachers with fixed-term contracts  or part-time teachers, as long as they comply with the established requirements. 

Retirement and pensions

In general, retirement is not effective until the end of the academic year in which the teacher reaches the ages established.

In addition, both the education authorities and universities must promote the gradual reduction of teaching staff’s activity once they reach the age of 60, through early and voluntary retirement plans, which are specific to each university.

According to article 205 of Royal Legislative Decree 8/2015, in public universities there are different retirement conditions for civil servants and hired staff: 

• Civil servant staff:
  • compulsory retirement at the age of 70;
  • early retirement: at the age of 65 on request, proving 15 years of effective service to the State;
  • retirement due to permanent disability.

Emeritus professors may continue collaborating in academic activities, after the compulsory retirement age, according to their agreement with the university where they work.

• Contract staff: the autonomous communities are in charge of developing the regulations that regulate different aspects of the teaching and research personnel hired by the universities in their area of management, including the different retirement modalities.

The exact amount of the pension is calculated by the relevant department of the Ministry of Labour, Migration and Social Security.

Private universities establish the following retirement modalities:

Non-profit-making educational institutions:

• forced retirement at the age set by the genera (which in 2019 is at 65 if they have contributed 36 years and 9 months or more, or at 65 years and 8 months if they have contributed less than 36 years and 9 months). Age may be postponed annually and by agreement of both parties (teacher and educational centre) until the age of 70;
• partial retirement linked to a relief contract;
• the centres and their employees may, by mutual agreement, take advantage of legally established partial or early retirement schemes (General Law on Social Security). 

Profit-making educational institutions:

• teachers may retire ordinarily in accordance with the requirements laid down in the legislation in force:  at the established age (which in 2019 is 65 if they have contributed 36 years and 9 months or more, or 65 years and 8 months if they have contributed less than 36 years and 9 months) and a minimum contribution period of 15 years, of which at least two must be within the 15 years immediately prior to the time of access to retirement
• teachers who do not have the legal minimum contribution period guaranteed by the retirement pension may remain in the company until this period has expired;
• retirement may take effect at the end of the academic year;
• the company and its employees can, by mutual agreement, take advantage of legally established early retirement schemes (General Law on Social Security).

The exact amount of the pension is calculated by the relevant department of the Ministry of Labour and Social Economy.