Spain’s Supreme Court has overturned a government rule that barred temporary employment agencies, known in Spain as ETTs, from recruiting workers in their home countries and bringing them to Spain for seasonal and temporary jobs.
The rule
The 2024 reform of Spain’s immigration regulations excluded temporary employment agencies from the “hiring at source” system, under which workers are recruited abroad for specific jobs in Spain. The Supreme Court has now ruled that the exclusion was not properly justified and lacked a sufficient legal basis, and has annulled it.
How hiring at source works
Under the system, a company or agency selects candidates in their home countries, arranges visas, contracts, travel and housing, and brings them to Spain for a set period. When the job ends, the workers return home, with the possibility of coming back in future seasons.
According to data from the Ministry of Inclusion, Social Security and Migration, the model has brought 25,767 foreign workers to Spain.
Why companies use it
Many employers struggle to fill certain jobs, particularly in agriculture, construction and hospitality, where work can be seasonal, physically demanding or poorly paid, or requires specific experience. Recruitment abroad has become an important tool for these sectors, especially during harvests and the tourist season.
What changes
The ruling allows ETTs to return to the system, recruiting workers abroad, handling the paperwork and arranging accommodation on behalf of the companies that need staff.
The usual obligations remain: employers must provide suitable accommodation, comply with immigration procedures and ensure workers’ rights are respected.
The debate
Supporters of the ruling say it gives employers a flexible, legal way to meet labour shortages. Trade unions have long been more cautious about the role of temporary agencies, warning that workers recruited abroad can be vulnerable to poor housing and working conditions, and calling for strict oversight.
Relevance for the Balearics
In the islands, where hotels, restaurants and construction firms struggle to find staff every summer — not least because of the shortage of affordable accommodation — hiring at source is one of the options businesses are exploring. The housing obligation attached to the system, however, remains a major obstacle on islands where finding a room is itself a challenge.
