Planning policy

Both at State and regional level, there is a planning policy for taking decisions in terms of teachers.

Parameters to implement it:

• inclusion of education reforms;
• evolution of the number of students by education level;
• general demographic evolution;
• migratory movements;
• evolution of the number of teachers by educational level and by subject and unemployment rate. Others can be added.

Objectives of this policy:

• meet the emerging needs;
• assure enough flexibility to adapt teachers to the new specialities required by the education system, in relation with the constant and growing demand for new university or professional degrees;
• make sure that the adaptation required by the above mentioned issues be made by guaranteeing the employment stability of the sector.

Measures in order to meet the objectives described:

• restriction of the number of new positions for public employment;
• internal promotion for career civil servants;
• acquisition of new specialities by teachers.

Issues that are subject to negotiation in the respective sphere of competence:

• implementation of salary increases for the staff working for the Public Authorities established in the Spanish Budget Act and the Autonomous Communities;
• establishment and application of the civil servants' additional salary;
• regulations setting the general criteria for access, career, provision, systems for posts classification, and plans and instruments for planning human resources;
• rules establishing the general criteria and mechanisms regarding the evaluation of the professional activity;
• general criteria of plans and funds for internal training and promotion;
• proposals on union and participation rights;
• issues established in the regulations for occupational risk prevention;
• general criteria related to public employment offers;
• aspects regarding labour calendars, schedules, working days, holidays, permissions, functional and geographical mobility;
• general criteria regarding the strategic planning of human resources, in those aspects affecting public civil servants' work conditions.

The pacts and agreements reached in the corresponding Negotiating Tables on issues and general working conditions must be applied according to the provisions of:

• Law of the Basic Statute for Public Workers, for civil servants.
• Workers Statute, for labour staff.

If there is no disagreement, these pacts and agreements are extended every year.

Based on the pacts and agreements reached and the information obtained on the needs of teachers of every public educational institution in their jurisdiction, Education Authorities prepare and approve:

• calls for accessing the teaching public civil service;
• calls for transfer contests of the teaching staff within their jurisdiction.

Mass media and access to the information on planning policy: the official gazettes and journals of the Public Authorities, specialised publications and web pages.

Entry to the profession

It varies in relation to the ownership of the educational institution and to the educational level provided.

• Public schools: this is subject to passing a competitive examination established for each of the teaching staff bodies, in accordance with the provisions of the Regulation on entry, access and acquisition of new specialisations to teaching bodies.
• Publicly-funded private schools: the selection criteria for teachers have a public nature and are established by the School Board, the school head and the owner of the school. The selection process is carried out by the owner of the centre together with the director, according to the established selection criteria, as indicated in article 60 of Organic Law 8/1985 on the Right to Education (LODE). Each educational administration verifies that this procedure complies with the established criteria, and is entitled to elaborate on the conditions for its implementation.
• Non publicly-funded private schools: the selection process is carried out by the owner of the school and their recruitment adapts to the provisions of the Workers Statute.

Access to the teaching profession in public educational institutions

Competitive examinations for each of the bodies of civil servants in public schools

The tests aim at evaluating the applicants' suitability and they are called in accordance with the teaching specialities. They cover a list of topics previously established so that applicants can prepare them.

Royal Decree 276/2007 establishes the competitive examination phases:

Competitive examination

In procedures for admission to the civil servant teaching bodies, the competitive examination phase will consist of two tests:

1. A test, which will be aimed at demonstrating the specific knowledge of the teaching speciality for which the candidate is applying, and which will consist of two parts:

• Part A: A practical test to check that candidates have mastered the technical skills corresponding to the speciality for which they are applying.
• Part B: This part will consist of a written examination on a subject chosen by the candidate from a number of subjects drawn at random by the examining board. In order to pass the test, candidates must obtain a minimum mark of at least five points, which is the aggregate of the marks obtained in the two parts.

2. Another test, the purpose of which will be to check the applicant's pedagogical aptitude, and which will involve the presentation of a teaching programme and the preparation and oral presentation of a teaching unit:

• Part A: Presentation of a teaching programme. The teaching programme will refer to the curriculum of an area, subject or module related to the speciality for which the candidate is applying, in which the objectives, contents, assessment criteria and methodology must be specified, as well as the attention to students with specific educational support needs.
• Part B: Preparation and presentation of a teaching unit. The preparation and oral presentation to the examining board of a teaching unit may be related to the syllabus or teaching programme presented by the candidate or based on the official syllabus corresponding to the candidate's specialisation. In the preparation of the aforementioned teaching unit, the candidate must specify the learning objectives to be pursued with it, its contents, the teaching and learning activities to be carried out in the classroom and its assessment procedures.

This test will be assessed globally from zero to ten points, and the candidate must achieve, in order to pass, a score equal to or higher than five points.

Merit-based selection

Candidates’ prior teaching experience, academic background and other merits are evaluated in accordance with the scales established in the different calls to gain access to the body of school teachers (according to Autonomous Community), secondary education teachers (according to Autonomous Community) and technical teachers of vocational training.

The score of this phase is only applied if applicants have passed the competitive examination phase.

Traineeship

It aims at checking the aptitude for teaching of the selected applicants.

An applicant is selected as long as he/she has passed all the tests comprising the competitive examination phase. The number of selected applicants never exceeds the number of positions published.

Induction

Applicants take and pass a traineeship period which differs according to the ownership of the educational institution where they are teaching.

Traineeship period in public educational institutions

Article 23 Royal Decree 276/2007, regulates the traineeships that are part of the process for accessing the public service, before being appointed career civil servant teachers.

Characteristics

• it is a tutored and paid period before joining teaching;
• every Autonomous Community regulates it in their jurisdiction and sets the length, which can range between three months and a school year;
• trainee teachers elaborate a final report assessing the difficulties found and the support received.

Tutor of the traineeship period

• an experienced teacher, with whom the trainee teacher shares the responsibility for planning and teaching;
• a teacher belonging to the same body and speciality as the applicant and, preferably, to the body of senior professors;
• functions: to assess the trainee teacher in every relevant aspect for the right development of the teaching activity, to monitor and evaluate this period.

Activities carried out by trainee teachers apart from teaching

• regular meetings for discussing progression or problems with the tutor;
• monitored activities regarding classroom programming, students teaching and assessment.;
• participation in the drafting of the institution documents;
• meeting with the families.

Training aimed at trainee teachers

The Autonomous Communities establish the mandatory or non-mandatory nature and the themes of these training courses. Their length varies between the different education authorities and they can be provided in different modalities:

• classroom-based at the educational institution;
• blended or distance;
• at the Teachers and Resources Centres;
• the trainee teacher can participate through observations in other teachers' classrooms and, mainly, in the classroom of the teacher-tutor.

Evaluation of the traineeship period

• it is carried out at the end of the traineeship period;
• applicants are evaluated in terms of 'pass' or 'non-pass':
  • Positive evaluation, 'pass': the trainee is appointed as a career civil servant. This assessment is carried out by the traineeship tutor, the head of the establishment and the assigned inspector.
  • Negative evaluation ('non-pass'): the education authority can allow the repetition of this phase only once. Those who do not incorporate or do not pass it for the second time lose all rights to be appointed career civil servant teachers.

Exemption from the traineeship period

The education administration can grant exemption from the traineeship period to those candidates who have passed the phase of competitive examination based on merits and who prove that they have taught, at least, for a school year.

Traineeship period in private educational institutions

• Public-funded private schools: there is a probation period lasting four months for all the new teaching staff, as set out in the Collective Agreement for private education providers financed in whole or in part by public funds. 
• Private schools receiving no public funds: this period is three months, in accordance with the National Collective Bargaining Agreement for general regime private institutions or formal education institutions without any educational agreement or public financial support. 

Professional status

• According to the Basic Statute of Public Workers, civil servants are classified as follows: 
  • civil servants;
  • interim civil servants;
  • staff on a contract basis, whether permanent, indefinite-term or temporary. 

Professional status in public educational institutions

Civil servant

A civil servant is a public employee who:

• the one who has an indefinite contractual relationship with the education authority;
• their working conditions are regulated by the specific regulations that apply to them, as well as by the basic legislation applicable to the civil servants of every public authority;
• the education authorities adopt the appropriate measures for assuring the coverage of civil responsibility derived from their professional exercise. 

Interim civil servants

Interim civil servants are those who, for expressly justified reasons of necessity and urgency, are appointed as such on a temporary basis to perform the duties of full career civil servants, when any of the following circumstances apply:

• existence of vacant posts, when it is not possible for them to be filled by civil servants;
• temporary replacement of permanent civil servants, for the strictly necessary period of time;
• implementation of temporary programmes;
• excess or accumulation of tasks.

Teaching staff on a contract basis

As an exception, educational institutions can count with such staff:

• they are paid by the public authorities through any modality of recruitment foreseen in the work legislation;
• the contract can be fixed term, open-ended or temporary;
• their hiring depends on the needs of the education system.

This work category includes:

• religion teachers, according to article 1 of Royal Decree 696/2007;
• specialist teaching staff for the teaching of vocational training, in accordance with the provisions of article 95.2 of Organic Law 2/2006 on Education (LOE) as amended by Organic Law 3/2020 (LOMLOE);
• specialist teaching staff for the teaching of artistic education in accordance with the provisions of articles 96.3 and 96.4 of  the LOE as amended by the LOMLOE;
• specialist teaching staff for the teaching of foreign languages, in accordance with the provisions of article 97.2 of the LOE as amended by the LOMLOE;
• specialist teaching staff for the teaching of sports education in accordance with the provisions of articles 98.2 of  the LOE as amended by the LOMLOE.

Professional status in private educational institutions

The teaching staff members of private centres are regarded as employees.

Code of ethics for the teaching profession (2010)

The code of ethics for the teaching profession passed by the General Council of the State Schools of Doctors and Bachelors in Philosophy, Literature and Sciences.

It contains the teachers' fundamental rights when exercising their functions with students, families and tutors, the educational institutions, colleagues, the profession itself and society.

Replacement measures

The temporary replacement of teachers is different depending on the ownership of the educational institution.

Replacement in public educational institutions

Article 4 of Law 4/2019, establishes that the appointment of interim civil servants to temporarily replace civil servant teachers shall only take place when ten school days have elapsed since the affected teacher’s sick leave. Regional education authorities regulate the participation, composition, organisation and extension of the lists of candidates to exercise as temporary teachers, as well as their appointment and termination of employment.

Replacement in private educational institutions

Publicly-funded private schools

According to article 24 of the 7th Collective Bargaining Agreement for private education companies fully or partially supported by public funds.

Private schools

Article 16 of the10th National Collective Bargaining Agreement for general regime private institutions or formal education institutions without any educational agreement or public financial support, establishes that vacancies of teaching staff with higher functions should be filled, preferably and if possible, by lower-level staff of the same group, according to ability, qualifications and seniority in the institution.

In turn, part-time workers who have served in the company for three or more years, have preference to fill vacant full-time positions, or extend their working hours to the maximum established in their category if, in the opinion of the owner of the centre, they are skilled, qualified and suitable to develop the job.

Both types of schools, publicly-funded private schools and private schools

In case of new hiring or vacancy occurrence, and as long as the permanent staff could not access this position, preference for access is given to:

• publicly-funded private schools: staff on temporary or part-time contracts and those employed as interim staff;
• non publicly-funded schools: staff on temporary or part-time contracts, depending on the worker's ability, aptitude, qualifications and the needs and organisational capacity of the company to organise the work.

Supporting measures

The education authorities must ensure that the teaching staff enjoy the consideration, treatment and respect befitting the social importance of their task.

General supporting measures

The education authorities ensure their proper protection, legal assistance and liability coverage in connection with their professional activity.

The education authorities are also responsible for favouring the recognition of:

• tutorial function, through personal and economic incentives;
• work of the teaching staff, based on their dedication to the center and the implementation of educational innovation plans: through economic and professional incentives;
• work of teachers who teach their subject in a foreign language in bilingual centers;
• development of paid licenses, in order to stimulate the performance of training and research activities and educational innovations;
• reduction of the teaching day of those teachers over 55 years of age who request it, or their partial substitution for activities of another nature.

Members of the management team and teachers are considered as a public authority. 

Salaries

Teachers' salaries are different depending on the ownership of the educational institution.

Salaries in public educational institutions

The salaries of civil servants are classified into basic and supplementary, according to the Royal Legislative Decree 5/2015, which approves the revised text of the Law on the Basic Statute of Public Workers.

• Basic payment: Common for the whole State within each of the groups of civil servants (group A1 and A2).
  • the monthly allowance of basic payment corresponding to the specific professional classification group or subgroup;
  • supplementary remuneration: the allowance applicable to the post and certain components of the specific additional remuneration. •
• Additional payment
  • Secondary education and official language school senior professor: level 26
  • Teacher of secondary education, official languages school, plastic arts and design, and music and performing arts: level 24
  • Vocational training technician teacher: level 24
  • School teacher: level 21.
• General component ( based on the above-mentioned levels)
• Individual component ( based on the post)
  • Professional performance of single government bodies or singular teaching posts (director, head of studies and secretary).
  • Carrying out of education inspectorate.
  • Tutorial activity: this remuneration includes two components in each Autonomous Community: a general component for every teacher depending on the teaching bodies and scales to which he/she belongs, and a singular component related to the specific conditions of each position.
• Continuing professional development component: amount allocated for every five or six years in service. It varies in each education authority.

Interim civil servants receive the basic remuneration and extra pays corresponding to their assigned body, as well as most of the additional remuneration earned by career civil servants. Interim civil servants receive the basic remuneration and extra pays corresponding to their assigned body, as well as most of the additional remuneration earned by career civil servants.

Minimum salary of career civil servant teachers established for the whole State

The General State Budget only influences the common salaries for all teachers in Spain. This remuneration includes the basic salary, the three-year bonus payments, the additional remuneration attached to a post, the extra pay salary and the extra pay three-year bonus. These are the monthly figures in euros provided for in the 2021 State Budget.

Source: Drawn up by Eurydice Spain-Spanish Network for Information on Education (INEE, MEFP) on the basis of State current regulations.

Teaching staff on a contract basis

It is established in line with national labour laws, the applicable group agreement and the employment contract.

Salaries in private educational institutions

The payment system is regulated by the different collective agreements and labour agreements.

Publicly-funded private schools

The minimum salary for the staff within the scope of these collective agreements is set in their salary tables, and it is constituted by:

• base salary;
• bonus payments for three-year periods in service;
• bonus payments for six-year periods in service;
• Specific additional remuneration:
  • supplement by role, for those workers entrusted with a management category;
  • baccalaureate supplement for staff teaching at this educational stage;
• other supplements:
  • regional salary supplement;
  • temporary incapacity supplement;
  • residence allowance, for those workers whose job is located in Ceuta, Melilla, or the Balearic and Canary Islands;
  • two extraordinary payments, each equivalent to one month's salary, seniority and specific supplements.

These payments are different depending on the Autonomous Community and they are paid by the corresponding education authority as delegated payment and on behalf of the owner of the institution.

Private schools

The payments for the staff within the scope of the 9th Collective agreement on private education without grant-aided or subsidised levels comprise:

• basic salary;

• teaching productivity bonus, intended to encourage and compensate for the quality of the teaching dedication and the constant updating of knowledge required by the job, which is paid for eleven monthly payments;

• professional development and improvement allowance (CPP), which is paid for the training and knowledge acquired in each five-year period, with a minimum of 100 hours of training during this period;

• dedication allowance, to be paid in full to teachers with a working day of 60% or more; teachers with a working day of less than 60% receive it in proportion to their working day;

• temporary allowance for government posts, to be paid to teachers who hold the posts of Director, Deputy Director, Head of Studies and Head of Department;

• insularity bonus, for those workers whose work post is in Ceuta, Melilla, the Balearic and Canary Islands;

• a supplement for the completion of the Baccalaureate, equivalent to 14% of the basic salary, is paid to teaching staff serving in the final year of the Baccalaureate;

• three special payments, each equivalent to one month's basic salary, professional development allowance, allowance for the completion of the baccalaureate and temporary government allowance, if any.

Working time and holidays

Both the working time and holidays are different depending on the Autonomous Community and the ownership of the educational institution.

Working time

Working time in public educational institutions

Weekly working time

In general, it is 37.5 hours per week, of which: