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Background check in Spain

Updated on:
16 Jan, 2024
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Monthly
best value
Annually
Pay monthly at a discounted rate with a 12-month commitment
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$
349
/month
(billed monthly)
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Employ contractors and employees in 160+ countries

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EOR in 
Spain
Monthly
$
399
/month
(billed annually)
Annually
Pay monthly at a discounted rate with a 12-month commitment
$
349
/month
(billed monthly)
Offer banner
Offer banner
G2 badge

Employ contractors and employees in 160+ countries

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During the hiring process, many employers take an extra step to ensure that candidates are truly what they seem — running background checks.

However, when it comes to hiring in new countries, remaining compliant is a critical challenge that you will need to take very seriously. Conducting background checks in Spain is common practice, but the laws regarding pre-employment screenings might not be the same as your country.

So Skuad does background checks when you make Skuad your EOR partner.

Considering doing background checks on your potential employees in Spain but aren’t sure how? We walk you through what exactly background checks are, why you should bother with them, the different types, and how you can conduct them.

What is an employee background check?

Employee background checks are run by employers to corroborate certain details and information given by a candidate during a job application.

There are multiple types of background checks, which include:

  • Criminal record check
  • Employment history check
  • Medical screening
  • Credit history check
  • Education history
  • Social media check

Background checks are legal and fairly straightforward to run in Spain. However, background checks on remote international employees do have a couple of extra steps.

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What are the benefits of background checks in Spain?

Boost business

If it is true that you are as only as good as your team, then who you hire matters. It is important to make sure that your chosen candidate has the right skills and experience and is a good fit for your team before offering them the job.

Background checks help you know that you are choosing a reliable candidate who will take things off your plate and make business easier. The right fit can be instrumental in growing your business and increasing revenue. On the other side, the wrong person can cause you headaches and even lose your business money.

Avoid legal issues

When you run a business, you open yourself to many legal risks. Running background checks on potential employees can help you stay out of legal hot water by avoiding negligent hiring.

Negligent hiring is a claim that can be made against an employer when their employee causes harm. Even if the employer was not aware of an employee’s past records, they could be held responsible for not mitigating the risk. Background checks can help you avoid employees who could potentially cause harm to your business.

Save time and costs

Choosing the right candidate the first time around will save you time and money in the long run. Although the hiring process may take a little longer if you are running checks, you are more likely to increase employee satisfaction and therefore reduce turnover. Keeping employees within your company for a long time will save you hours of headaches, training, and costs.

What are the types of background checks in Spain?

These are the different types of background checks commonly undertaken in Spain:

Criminal record check in Spain

Criminal checks are some of the most common background checks used in Spain. They check someone’s past criminal history in the interest of protecting a corporation. Employers may want to see criminal records for multiple reasons, like maintaining a safe workplace, safeguarding the company’s assets, and protecting its reputation.

However, it is important to note that you need consent to run a criminal check in Spain, as publically disclosing information on criminal records violates data protection laws. By law, employers can not discriminate based on criminal history, except for in certain professions where background checks are legally required (we list these jobs later on!).

Employment history check

A Spain employment screening or work history check in Spain verifies that any past places of work listed on a CV are, in fact, true. It may involve contacting previous employers to confirm the position, duration, and salary of the position, as well as possibly asking for references from previous managers.

Medical screening

There are also checks to corroborate a person’s medical history. This could be useful in jobs where there are certain physical requirements to fulfill a role. Under Spanish law, workers have the right to refuse a medical exam, except in the following circumstances:

  • When a medical condition poses a threat to themselves or others
  • When it is legally required to prevent risks in dangerous activities
  • When it is necessary to evaluate working conditions

Credit history check

Credit report checks are fairly common, in particular in jobs in insurance and finance. These checks typically show a candidate’s financial activity, including credit accounts, credit limits, debts, loans, and bankruptcy.

Education history

This check involves confirming that any qualifications and institutions listed on a resume are true. This check could involve requesting original certificates of qualifications or contacting the institutions to confirm attendance.

Social media check

Using social media profiles has become commonplace to verify personal details and other claims made on a candidate’s resume. Recruiters and employers may choose to view the social profiles of candidates to check culture fit, personal details, and negative behaviors.

Requirements for a background check in Spain

To conduct a background check in Spain, you will need to obtain the following information from the candidate.

  • Name
  • Address
  • Date of birth
  • Resume copy
  • ID original or copy
  • DNI (national identity document) or NIE (foreigner identity) number
  • Degree or other certificates
  • References

You will also need the express written consent of anyone you wish to conduct a background check on.

Steps in conducting a background check in Spain

Depending on the type and level of background check you wish to conduct, you have some options.

If you just want to corroborate a few simple details, simply request proof from your candidate in the form of education certificates, identification, tax details, or contacts of past employers so you can ask for references.

If you are looking to run a more formal check, your best bet is to go through an agency. They may follow some or all of the following steps:

  • Confirm the address
  • Check academic history
  • Corroborate professional history
  • Contact references
  • Check social media accounts
  • Look at credit score

Are employee background checks legal in Spain?

Running a background check is completely legal in Spain, although you usually need to have the consent of whoever you wish to run a check on. Incorporating background checks into your company protocol can help you reap the benefits of building a corporate identity.

Some professions in the country actually require employers to run a background check by law in order to protect the public interest. These jobs include:

  • Police force
  • Armed forces
  • Public administration jobs
  • Insurance providers
  • Teachers or others who work with children
  • Casino workers

Planning to hire in Spain? Here’s how Skuad can help

If you are looking to grow your team in Spain, you don’t have to do it alone. Skuad’s platform is the all-in-one employment and payroll platform you need to hire, manage, and pay employees all over the world from one place. We do background checks when you make us your EOR partner.

Skuad helps you easily comply with all employment laws and legislation in Spain, helping you reduce legal risks and fines. We can also advise you on the legalities of things like background checks, as well as provide an optimal employee experience to your workers. Leave the complexities of hiring and payments to us so that you can focus on growing your teams in Spain and beyond and expanding your business.

Book a demo today to get started!

FAQs

How do I get a background check in Spain?

It is possible to request a background check from the nearest Ministry of Justice Citizens Advice Bureau (Oficina de Atención al Ciudadano de la Gerencia Territorial del Ministerio de Justicia). You can apply online for the check or send it via post, and results are typically sent via email within 10 days of submitting documents. You can also find a background checking agency that can conduct multiple different checks, like a financial check or an employment history check for you.

How do I get a criminal background check from Spain?

The easiest way to get a criminal background check in Spain is through the Ministry of Justice Citizens Advice Bureau website, where you can apply online using the 790 application form. You can also check the site for the identification documents you must provide for the process.

How much is a Spanish criminal record check?

Running a criminal record check in Spain through the Ministry of Justice Citizens Advice Bureau using the 790 form incurs a fee of €3.86.

What shows in the background check?

Depending on the type of background check, it could show information about your employment history, financial activity, education, criminal record, or medical records. A typical criminal background check in Spain will show information on any criminal convictions that have not expired, as well as warnings or arrests that did not lead to a conviction.

Do all countries do background checks?

Employers in any country may choose to verify the information a candidate provides on a resume. However, not all countries allow criminal background checks due to privacy laws. In the countries that do allow them, you mostly need to have the written consent of the person in question in order to solicit a check. In Spain, you need consent to do a background check on someone.

limited-offer-banner
EOR in 
Spain
Monthly
best value
Annually
Pay monthly at a discounted rate with a 12-month commitment
$
349
/month
(billed annually)
G2 badge

Employ contractors and employees in 160+ countries

G2 badge

Employ contractors and employees in 160+ countries

G2 badge
limited-offer-banner
EOR in 
Spain
Monthly
$
399
/month
(billed annually)
Annually
Pay monthly at a discounted rate with a 12-month commitment
$
349
/month
(billed monthly)
G2 badge

Table of Content

Building a remote team?

Employ exceptional talent, anywhere, anytime!

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

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