The Spanish Ministry of Labour's proposal to reduce the maximum working hours, put forward by Yolanda Díaz, has raised many questions.
Written by Cyrielle Agut
Employment lawyer – Spanish, French and English.
What will the reform involve? How will companies implement it? Will working-time recording remain mandatory?
By way of background, the standard working hours in Spain has traditionally been 40 hours per week, spread across five working days of eight hours each.
The proposed reduction to 37.5 hours per week therefore represents a cut of 2.5 hours — equivalent to half an hour less per working day.
Below we address the key questions.
Entry into force:
It is important to emphasise that we are dealing with a proposal from the Ministry of Labour, which forms part of a broader labour reform. Although its entry into force is scheduled for 1 January 2025, the Government is still discussing the possibility of introducing a transitional period in certain sectors so that this change to the labour market is not too abrupt.
Will my company pay me less?
Logically, one might assume that fewer hours worked means lower salary.
The Ministry of Labour's proposal, perhaps surprisingly, did not follow this logic, making clear that a reduction in working hours should not result in a proportional reduction in workers' salary.
Unsurprisingly, employer associations rejected this approach, calling for the significant increase in labour costs (fewer hours worked at the same cost as a 40-hour week) to be offset by adjustments in other areas, such as Social Security contributions. However, nothing has been confirmed as yet.
Will I still need to clock in and out?
Absolutely. The proposed reduction in working hours does not affect in any way the obligation for employees to properly record their working hours.
However, the format of that recording could be modified as part of the labour reform, eliminating the option of keeping paper-based timesheets and requiring companies with more than 50 employees to have their records directly connected to and accessible by the Labour Inspectorate for inspection purposes.
Will my holiday entitlement be reduced?
Just as remuneration would not be affected by the reduction in working hours, the intention is to preserve the working conditions agreed contractually or set out in applicable collective agreements — so no, employees would continue to enjoy the same number of holiday days following the entry into force of this labour reform.
What was the Ministry of Labour's objective behind this proposal?
To understand the proposal and the reasoning behind the Ministry led by Yolanda Díaz, we invite you to consider a comparative overview of the standard weekly working hours established in certain other EU Member States:
- France: full-time equivalent of 35 hours per week.
- Netherlands: full-time equivalent of 38 hours per week.
- Belgium: full-time equivalent of 38 hours per week.
At Conesa Legal, in addition to the two grounds cited by Minister Yolanda Díaz — the impact on workers' health and the promotion of a healthy work-life balance — we believe the Ministry of Labour is also indirectly seeking to properly transpose EU Directive 2019/1158 on work-life balance for parents and carers. This follows the European Commission's decision to refer Spain, Ireland and Belgium to the Court of Justice of the EU (CJEU) for failing to notify the national measures required for full transposition of that Directive.
In any event — and this is what we are currently advising our clients — this remains a PROPOSAL, the details of which have yet to be published. We will continue to monitor developments and keep you updated with the latest news, providing, as always, the best legal advice on employment matters.
