Labor law in Andorra

The central basis is Llei 31/2018, del 6 de desembre, de relacions laborals. Other applicable rules include Llei 34/2008 on safety and health, Llei 32/2018 on trade-union and employer representation, Llei 33/2018 on collective disputes, and amendments under Llei 3/2026 since 16 April 2026. The legal order follows the hierarchy of the Constitution, international treaties, laws and regulations, collective agreements, the employment contract, and proven professional practice. Contractual arrangements may not fall below mandatory minimum standards; more favorable rules for employees take precedence. In case of ambiguity, the interpretation more favorable to the employee applies. Labor law covers personal work performed under an employer’s instructions in exchange for pay. Public administration, occasional unpaid assistance lasting fewer than two working days, certain family and partnership work, volunteering, duties performed solely as a corporate officer, unpaid internships, and some special activities are not covered or are covered only to a limited extent. In cross-border work for an Andorran employer, a contract may choose foreign law under certain conditions. The relevant authorities include the Government of Andorra (Govern d’Andorra), the Ministry of the Presidency, Economy, Labor and Housing, the Labour Department (Departament de Treball), the Labour Inspection Service (Servei d’Inspecció de Treball), Andorran Social Security (CASS), and, where a work permit is required, the Immigration Service (Servei d’Immigració). Every employment contract must be concluded in writing. Possible forms include open-ended, fixed-term, seasonal, intermittent, replacement, and short-term contracts, as well as contracts for training, integration, persons with disabilities, paid internships, succession, part-time work, and remote work. A probationary period applies only if the contract provides for it. It may last no longer than two months, three months for pay at least three times the SMI, and six months for pay at least five times the SMI. For work of the same nature, the same employer may not require a new probationary period within three years. Termination during the probationary period must be made in writing and in a verifiable manner. Fixed-term contracts may last no longer than two years. A gap of fewer than 60 calendar days between successive contracts may be treated as a continuation; if the limit is abused, an open-ended employment relationship arises, with retroactive credit for length of service and leave. Under an intermittent contract, the call-in must be made at least 15 calendar days in advance, and the employee must respond within no more than five calendar days. A short-term contract may cover no more than 30 consecutive calendar days within one year; the employer must notify CASS. For foreign employees without a current work permit, notification to Servei d’Immigració is required before work begins. Employees have, among other things, the right to actual employment, free choice of occupation, to join or not join a trade union, trade-union activity, collective bargaining, collective action, striking or refraining from striking, information and consultation, training, professional development, safety, health, privacy, dignity, timely payment, and equal treatment. Their duties include careful work, compliance with lawful instructions, and protection of confidential information. An instruction that violates the law or safety does not create a normal duty to work. Regular working time is limited to 40 effective hours per week and 1,800 hours per year. Uneven distribution over a quarter, half-year, or year requires a collective agreement. A working day may last no more than ten hours and a working week no more than 48 hours. At least twelve hours of rest must lie between two work assignments; each week includes a right to at least one full rest day. For working time of at least six uninterrupted hours, there is at least a 30-minute paid break; for at least six interrupted hours, there is at least one unpaid hour. An ordinary schedule change normally requires at least seven calendar days’ advance notice. Employees also have a right to digital disconnection. Overtime requires an agreement with the employer for adult employees. It is limited to twelve hours per week, 48 hours per month, and 426 hours per year. Exceptional circumstances and force majeure may alter the normal possibility of refusal. Without a more favorable collective rule, the premium is at least 40 percent; alternatively, agreed compensatory rest may be taken within no more than six months. Minors, pregnant employees, and employees caring for a child under nine months may not work overtime. Night work between 22:00 and 06:00 is paid with a 20 percent premium unless this share is already included in night pay. Statutory and municipal public holidays are paid. The specific allocation of municipal holidays may depend on the place of work or the company’s registered office. Annual leave is at least 30 calendar days or, by agreement or collective agreement, 22 working days. For shorter employment, it is calculated proportionally. Leave is mandatory and cannot be effectively waived. It is normally taken during the calendar year; exceptionally, it may extend into the first quarter of the following year. Unused leave is paid out in the quitança (final settlement). Illness, maternity, paternity, adoption, or care may postpone the time at which leave is taken. The statutory minimum wage (SMI) is set by the Government of Andorra at least annually. Since 1 July 2026, it is 9.05 euros per hour, 72.40 euros per day, or 1,568.67 euros per month for eight hours per day and 40 hours per week. Cash pay may not fall below this amount. Food and accommodation as benefits in kind may account for no more than 25 percent of gross pay, and those benefits themselves are not included in this calculation. Equal pay for work of equal value applies regardless of sex or other protected characteristics. The employer pays wages into a bank account, at most monthly and no later than three calendar days after the end of the pay period. The payslip must show the individual components and the employee’s CASS share; the employer keeps it for at least three years. Late wage or final payments generally bear interest at twice the statutory interest rate. Wage claims have priority in insolvency proceedings. Registration with CASS begins when work starts and also covers the probationary period. Employees contribute 6.5 percent of their pay, of which three percent is for general protection and 3.5 percent for old-age protection. The employer contributes 15.5 percent, making a total of 22 percent. The employer withholds the employee’s share and pays both shares. Non-payment by the employer does not automatically deprive the employee of insurance coverage. Occupational accidents and diseases are insured from the first working day without a prior contribution period. Benefits for ordinary illness or a non-occupational accident generally require at least 25 contribution days and additional current contribution conditions. The employer carries out a risk assessment, organizes prevention, trains employees, provides personal protective equipment, and arranges the required health monitoring. Safety measures must cost the employee nothing. Medical data remain confidential; the employer generally receives only information about fitness for work. The undertaking organizes occupational safety itself, through designated employees or an approved external prevention service. In undertakings with fewer than 20 employees, information and consultation take place directly unless a representative has been appointed. Anyone who leaves a serious, immediate, and unavoidable danger may not be disadvantaged for doing so. The employer reports an occupational accident to CASS within two working days; late reporting does not automatically remove the entitlement. Statutory interruptions and grounds for suspension include, among other things, temporary incapacity for work, maternity, paternity or partnership, adoption, care, pregnancy risk, gender-based violence, pre-trial detention, family care, agreed leave, temporary force majeure, disciplinary measures, strikes, and public political office. After a lawful interruption, the employee generally returns under the same conditions. A medical certificate must be notified to the employer within 48 hours. Maternity leave lasts 20 weeks; in the case of multiple births or a corresponding disability, two weeks are added for each affected child. Paternity or partner leave lasts four weeks and is extended by one week in the case of a corresponding disability. Adoption leave lasts 20 weeks and is extended by two weeks for each affected child in the case of multiple adoption or a corresponding disability. In cases of gender-based violence, the employment relationship may be suspended for no more than three months; a court may extend this period. The employer must be informed within three calendar days. After more than three years of service, unpaid family-care leave from one month to two years may be agreed; afterward, the employee is entitled to return to the same occupational group. An employment relationship ends, among other ways, through expiry or completion, agreement, death or permanent incapacity, closure, retirement or insolvency of the employer, a final custodial sentence, or dismissal. In an unjustified dismissal from an open-ended contract, the notice period is twelve days per year of service, up to 30 days; in addition, 25 days’ pay per year of service is due, up to 365 days. In early termination of a fixed-term contract, 25 days’ pay per year of service applies, plus two days for each remaining contract month. A redundancy dismissal combines the notice period with half of this severance payment. A collective dismissal exists when at least ten percent of the workforce and at least five employees are affected within 90 days. Consultation lasts 15 calendar days for fewer than 50 employees and 30 calendar days from 50 employees onward. The Ministry decides on approval or confirmation within eight working days; at least 30 calendar days must lie between the start of consultation and the effective date. A disciplinary dismissal takes place without notice or severance, but requires a written and specific reason. Every dismissal must be stated in writing and in a verifiable manner; if the required formalities are missing, it is considered unjustified. A pregnant employee may challenge an unaccepted unjustified dismissal by notifying the pregnancy and providing a medical certificate within ten working days. An unjustified dismissal under an open-ended contract gives rise to notice and severance claims with a 25 percent increase, capped at 24 months’ pay. A fixed-term contract likewise gives rise to the corresponding severance claim with a 25 percent increase. For pregnant employees, compensation is at least three months’ pay per year of service. In discriminatory dismissals or dismissals for exercising fundamental rights, damages and, at the employee’s choice, compensation or reinstatement with back pay may be available. Employees resign with ten working days’ notice when they have less than one year of service and 15 working days when they have more than one year. Immediate resignation may be justified by serious or repeated safety violations, a substantial deviation from the agreed work, or repeated non-payment or late payment. The quitança is prepared on the last contract day or no later than the following working day for an employer dismissal, and within two working days for an employee resignation. Disputed amounts must be deposited with the court within five calendar days. Upon request, the employer issues an employment reference or certificate of service. Trade unions operate under Llei 32/2018. In companies with no more than 30 employees, an employee delegate is elected; from 31 to 49 employees, the representative body has three members, from 50 to 99 five, from 100 to 199 seven, from 200 to 499 nine, and from 500 onward eleven members. Fixed-term employees are represented. In general, anyone employed for at least six months and working at least 20 hours per week may vote. Candidates and representatives receive special protection against dismissal and sanctions. Paid time is provided for representative work, subject to a duty of confidentiality. Collective agreements are concluded in writing and registered or deposited within seven calendar days. Sectoral agreements are published in the BOPA (Official Gazette of the Principality of Andorra); company agreements are deposited with Departament de Treball and take effect upon publication or deposit. An agreement may be terminated with three months’ advance notice. A collective dispute is submitted by a party in writing to Departament de Treball. The other side receives the notice within two working days; a conciliation hearing takes place within five working days. Strikes, mediation, arbitration, and essential services are subject to the safeguards of Llei 33/2018. Urgent and priority judicial protection is available for violations of trade-union rights. Labor-law proceedings are generally conducted before the ordinary civil courts under the labor procedure rules. Claims arising from the employment contract become time-barred within one year. Claims for dismissal severance must be brought within 40 working days after becoming aware of the relevant event; the same period applies to severance for employee resignation. Employees may have sanctions reviewed by a court. Servei d’Inspecció de Treball inspects workplaces and documents on its own initiative or following a complaint. Its findings initially have evidentiary force. For minor violations without immediate harm, a correction order may be issued. Employer risks range from 50 to 500 euros for minor violations, 501 to 3,000 euros for serious violations, and 3,001 to 24,000 euros for very serious violations. The official pages reviewed do not state a general fee for ordinary labor inspection. The national basic system applies throughout Andorra; details may vary because of municipal holidays and collective agreements.