Spain has established itself as a key destination for international film shoots. However, to ensure a smooth and legal production, it is essential to understand the labour framework and the laws and regulations of the local film industry. Knowing the working conditions, types of contracts and safety regulations, as well as providing protection for your crew, will ensure the success of your project. This guide provides an overview of the key aspects that every international film production should consider.
Employment framework in the Spanish film industry
The audiovisual industry in Spain operates under a clear legal framework that balances workers’ rights with the operational needs of production.
Labor laws and collective agreements in film and TV
The labour framework is based on the Workers’ Statute and is supplemented by the Collective Agreement for the Audiovisual Production Industry (the Third Agreement, with new provisions published in the Official State Gazette in 2024), a fundamental text that regulates aspects such as:
- Weekly Working Hours: Establishes the weekly working hours for technical categories, which increased from 35 to 40 hours (although there are exceptions for those who did not receive availability bonuses).
- Working Hours Record: Details the obligation and characteristics of the working hours record (Art. 19 of the Agreement).
- Minimum Wages: Sets the salary scales and minimum wages for film crew for different professional categories, including screenwriters.
Types of contracts used in film and TV shoots
Given the temporary and specific nature of projects, two main types of employment contracts are used in film and television:
- Contract for Work or Performance: This is the most common type of contract for technical and artistic staff. An employment relationship is established only for the duration of a specific production (a film, series or advertisement). Payment may be per day of filming or for an agreed total amount.
- Seasonal Contract: Common in television series with several episodes. It covers a specific period (a season) and may be renewed. It offers greater stability than the contract for work.
For high-level talent (actors and actresses), an exclusivity contract or contract per project is also used, in which specific clauses on image rights, penalties and residual payments (royalties) must be reviewed.
Essential clauses in a film production contract
A film production contract agreement must be meticulous and clear. In addition to duration and remuneration, it must include:
- Scope of Work: Detailed description of the employee’s duties and responsibilities.
- Intellectual Property and Rights: Clarify who owns the rights to the work performed.
- Confidentiality: Clauses to protect sensitive project information (scripts, locations, etc.).
- Overtime and Per Diem Rules: Clear rules on overtime pay and travel allowances
Film crew contracts
Technical staff can be hired in two main ways, which affects Social Security (SS) and tax management:
• Direct Hiring (Employment Contract): The international production company is responsible for registering the worker with the Spanish Social Security system, assuming the corresponding tax and labour obligations. Labour law in the film industry requires compliance with minimum wages and the conditions of the Collective Agreement.
• Freelance (Self-employed): The professional is registered as self-employed in Spain. In this case, the production company pays for the service by invoice, and the freelancer is responsible for their own contributions and tax payments. This is a common option for specialised professionals or consultants.
It is crucial that international productions seek legal advice to ensure that the hiring of film crew complies with Spanish law, avoiding any violation of film industry labour law.
Working hours and wage conditions
Working conditions in the film industry in Spain are regulated to protect staff from excessive fatigue.
- Standard Working Hours: As mentioned above, the working week is set at 40 hours for technical staff, although the dynamics of filming often involve longer working days (subject to regulations on breaks and compensation).
- Minimum Wages: The Collective Agreement establishes minimum wages for film crew, ensuring fair remuneration by professional category. It is vital that production companies consult the updated salary tables to avoid paying below these minimums.
- Availability Bonus: Previously a controversial issue, the availability bonus (25% of the base salary) was integrated into the base salary due to the increase in the working week to 40 hours.
Health, safety and insurance requirements
Safety in film production is an absolute priority and is subject to very strict European and Spanish regulations.
Health and safety standards on set
The production company is responsible for implementing a health and safety policy for film production that complies with the Occupational Risk Prevention Act. This includes:
- Risk Assessment: Identification and mitigation of risks on location and on sets.
- Safety personnel: Hiring qualified personnel to supervise safety, especially in risky scenes, work at height or pyrotechnics.
- Training: Providing the necessary training to the team on safety procedures.
Required insurance for film and TV productions
A production cannot operate without adequate insurance coverage. The required insurance includes:
- Civil Liability Insurance: Essential to cover personal injury or property damage to third parties during filming.
- Audiovisual Production Insurance: A comprehensive policy that covers risks such as staff accidents, damage to equipment (film and TV production insurance), loss of material, and civil liability.
- Specific Equipment Rental Insurance: Equipment suppliers require a policy that covers loss, theft or damage to high-value equipment (cameras, lenses, etc.).
Protecting crew and equipment during shoots
Risk mitigation is an ongoing task. A detailed Safety and Emergency Plan covering all scenarios, from workplace accidents to emergency evacuations in remote locations, is essential.
Important points for international productions in Spain
Filming in Spain is a rewarding experience, but it requires due diligence.
- Comprehensive Legal Review: Before you begin, you should review the contractual structure and safety plan with a local legal advisor.
- Advantages of National Collaboration: Working with Spanish production companies and line producers greatly facilitates personnel management, regulatory compliance, and logistics management, as they are thoroughly familiar with the labour laws governing the film industry.
- Consult with the Spain Film Commission: The support of the Spain Film Commission is invaluable. We connect you with the right professionals and provide you with the information you need about the regulatory framework and tax benefits, ensuring that your project complies with all Spanish regulations from day one.
