Know Your Rights - Download the Collective Agreement

01/13/2026

Can schools select parts of the Collective Agreement according to their business needs?

Many staff working in private and international schools in Spain are unaware that their employment rights are not optional, negotiable, or dependent on leadership goodwill. If your school falls under the XII Collective Agreement for Private Schools, these rights are legally binding. Schools are required to apply them consistently. Individual policies, handbooks, or “school culture” cannot override the law.

10 key rights every staff member should know

1. Maternity and parental leave are fixed by law

Biological mothers are entitled to 16 weeks of paid maternity leave, with the first six weeks compulsory and taken full-time. The other parent is also entitled to 16 weeks of leave under the same framework. In cases of premature birth or neonatal hospitalisation, this leave may be extended. Schools cannot shorten, delay, or “reinterpret” this entitlement.

2. Lactancia (breastfeeding leave) is a legal right

After maternity leave, staff are entitled to one hour per working day for breastfeeding until the child is nine months old. This can be taken as: One hour off per day, A half-hour reduction in working hours, or accumulated into 20 paid calendar days taken consecutively. This is an individual right, not something that requires school approval or justification beyond notice.

3. Rights linked to caring responsibilities cannot be refused

Staff have the right to reduce working hours to care for:

Children under 12

Dependents with disabilities

Seriously ill children (with enhanced protection up to age 23 or 26 in some cases)

The timing of the reduction is chosen by the employee, within normal working hours, with notice. Schools may not deny this because it is “inconvenient” 

4. Time off for special circumstances is protected

Staff are entitled to paid leave for specific life events, in line with the Workers’ Statute and the Collective Agreement.

This includes situations such as:

Serious illness or hospitalisation of family members

Bereavement

Legal obligations

Moving house, where applicable under statutory leave provisions

Schools may request evidence, but they cannot arbitrarily refuse qualifying leave. 

5. You have the right to request part-time work

Conversion from full-time to part-time work (and vice versa) must always be voluntary.

Schools cannot:

Force staff into part-time contracts

Penalise staff for requesting reduced hours

Treat part-time status as reduced professionalism

Part-time staff also have protection against unpaid overtime and excessive additional hours.

6. Children of staff have a legal right to school places

Where staff are employed full-time, their children are entitled to free schooling at the school, up to a limit of 20% of places per year group.

If this cannot be accommodated, the case can be referred to the Joint Collective Agreement Committee, which must seek an alternative solution. This is not a “perk”; it is a contractual right.

7. Training linked to your role must be supported

When training is organised or required by the school, fees, travel, and accommodation must be covered.

Staff are also entitled to paid leave for official examinations and vocational training, provided it relates to their role and not to seeking employment elsewhere.

8. Annual leave and holidays are regulated, not discretionary

All staff are entitled to:

One month of paid annual leave

Additional regulated leave depending on role (teaching or non-teaching)

Holiday alignment with pupil calendars for teaching staff

Schools may organise rotas, but cannot remove or reduce statutory holiday entitlement.

9. Trade union representation is protected by law

Staff have the right to:

Organise collectively

Be represented by unions

Attend statutory meetings with paid leave

Schools may not discourage union activity or penalise staff for participation.

10. These rights are enforceable — not optional

The XII Collective Agreement applies throughout Spain to all staff employed in covered schools, regardless of nationality or school branding.

Where disputes arise, staff may appeal to the Joint Collective Agreement Committee, whose role is to interpret and enforce the Agreement consistently.

A final word

When schools describe legal rights as “flexibility”, “favours”, or “case-by-case decisions”, this is a red flag.

Rights exist precisely to protect staff when systems are under pressure.

 Schools are not free to select which ones they honour.

Knowing your rights is not confrontational.

 It is a necessary condition for fair, ethical education workplaces.

Further reading and more about your rights can be read here: 

• Convenio Colectivo de Colegios Privados (General Regime): For non-subsidised private schools, negotiated by ACADE/CECE with unions like FSIE, USO, UGT.

Here is a link to the full XII Convenio Colectivo in English

XII_Convenio_Colectivo_Colegios_Privados_Ingles_26_Jul_Digital.pdf

Download PDF • 2.83MB

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