Background information

Orden ISM/1488/2024, enacted on 27 December 2024, regulates the collective management of foreign worker recruitment for the year 2025 in Spain. It aims to address labour shortages in specific sectors by allowing the recruitment of workers from outside the European Union, both for permanent and temporary positions. The regulatory framework is based on Spanish immigration and labour laws, aligning with Spain’s broader policy on migration and employment. The order stipulates clear procedures for employers, guaranteeing workers' rights, such as proper contract terms and return to their home country after employment. The regulations are effective from 1 January 2025 to 31 December 2025. For legal reference, see the Official State Gazette BOE-A-2024-2729

Content of measure

The Orden ISM/1488/2024 regulates the collective recruitment of foreign workers for the year 2025, targeting specific sectors with identified labour shortages in Spain. The measure covers both stable migration (for permanent positions) and circular migration (for temporary, seasonal work). It is designed to meet the needs of sectors such as agriculture, hospitality, and construction, where there is a reliance on foreign labour, although the measure is neither sector nor occupational targeted.

Eligibility criteria for recruitment include employers who are registered with the Spanish social security system and operate in the sectors covered by the order. Additionally, recruitment must be carried out through authorised employers' organisations or through collective agreements. Workers from countries outside the European Union who meet the required qualifications and work experience for the sector may be eligible for recruitment under this scheme.

Employers are responsible for ensuring that recruited workers' rights are upheld, including compliance with contractual terms, social security obligations, and ensuring the workers return to their home country at the end of their contract. This process must also align with Spain’s broader migration policy, which seeks to balance labour market needs with social and economic consideration.

Use of measure

The Orden ISM/1488/2024 estimates that the collective recruitment measure for 2025 could benefit thousands of foreign workers, though the exact number is not specified. The measure targets sectors with significant labour shortages, such as agriculture, construction, and hospitality, where demand for foreign labour is high. Given the broad scope of the regulation, it is expected to facilitate the recruitment of workers from various non-EU countries to address labour shortages in these sectors. The number of beneficiaries will depend on the applications received from employers and the specific needs identified within each sector throughout the year

Target groups

Workers	Businesses	Citizens
Migrants or refugees in employment	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government Social partners jointly Public employment service	Companies European Funds National funds

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• Social partners jointly
• Main level of involvement: Peak or cross-sectoral level

Involvement

Social partners were consulted in the design and implementation and monitoring, as part of the Tripartite Labour Commission on Migration Issues. This commission includes representatives from the government, employers' organizations, and trade unions, ensuring that social partners actively participate in shaping immigration and labor policies.This Commission serves as a permanent platform for achieving social consensus on immigration policies. It comprises the most representative national-level social partners and the State Secretariat for Immigration and Emigration

Views and reactions

Both sides were supportive to the measure

Sources

• 27 December 2024: Orden ISM/1488/2024, de 27 de diciembre, por la que se regula la gestión colectiva de contrataciones en origen para 202 (www.boe.es)