What happens if I hire a foreign worker without this procedure?

What happens if I hire a foreign worker without this procedure?

Hiring international talent is a key lever for the growth of many companies. However, doing so without complying with the required legal procedures can have serious economic, administrative, and reputational consequences.

It is common to find companies that have onboarded key foreign profiles without verifying whether they could legally work in Spain. The result is usually the same: fines, administrative blocks, and reputational risks.

 

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The key procedure you cannot overlook

Before hiring a foreign worker, the company must check if they have authorization to reside and work in Spain. This requirement applies to:

• Non-EU professionals.
• Workers in cases of international assignments.
• Inbound international mobility processes.

It is not enough for the person to be in Spain or have a short-stay visa. There must be a specific work authorization appropriate for the type of contract and activity to be carried out.

What happens if you don’t comply?

1. Very serious violation and financial penalties

Hiring a foreign worker without the required residence and work authorization is not just an administrative error. It is considered a very serious violation. Fines can range from €10,001 to €100,000 per worker in irregular status, depending on the severity of the case and any repetition.

2. Direct responsibility for the company

The company assumes responsibility, even if the worker submitted incorrect documentation or verbally claimed to have the proper permits. The verification burden always lies with the employer.

3. Loss of benefits and incentives

Sanctioned companies may lose:

• Social Security contribution discounts.
• Public grants and subsidies.
• Access to certain business support programs.

4. Risk during labor inspections

Detection of an irregularity in immigration matters is often the starting point for a broader labor inspection. The inspector may extend the review to other areas, such as:

• Contracts of other employees.
• Social Security contributions.
• Working conditions and risk prevention.

The impact can go far beyond the specific case.

5. Blocking future mobility processes

A firm sanction for irregular hiring can hinder or delay future authorizations to bring foreign talent. This is especially critical for growing companies or highly competitive sectors.

What are the worker’s rights?

The fact that a foreign worker does not have work authorization does not invalidate the contract regarding their labor rights. This means that, even without a work permit, the worker is entitled to be paid for work already performed and to receive any corresponding benefits.

Therefore, in these cases, the company may face a sanction while still being obliged to meet its labor responsibilities toward the worker.

What if the worker was already hired?

Regularizing the situation is not always immediate and, in some cases, may involve:

• Suspension or even termination of the employment contract.
• Mandatory departure of the worker from the country.
• Handling long administrative procedures with uncertain outcomes.

Delaying action is usually more costly than doing things correctly from the start.

How to avoid this risk?

Before onboarding foreign talent, a preventive analysis should include:

• Assessing the candidate’s nationality and legal status
• Correctly defining the type of required authorization
• Planning administrative timelines
• Coordinating the process with the labor and immigration areas

International mobility is not just an immigration procedure: it impacts labor, tax, and operational aspects.

How Adlanter can help

At Adlanter, we assist companies throughout the international mobility and foreign talent hiring process, ensuring regulatory compliance and reducing risks from the outset.

We help you:

• Assess the legal feasibility of the hire
• Manage residence and work authorizations
• Coordinate labor and tax implications
• Design a mobility strategy aligned with your business

If you are considering bringing in international talent, contact us without obligation.