Written by Josep Conesa
Employment and insolvency lawyer
working hours:
What is the maximum duration of working hours?
The duration of working hours shall be as agreed in collective bargaining agreements or employment contracts. The maximum duration of ordinary working hours is 40 hours per week of actual work, calculated as an annual average.
The number of ordinary hours of actual work may not exceed 9 hours per day, unless a collective bargaining agreement or, failing that, an agreement between the company and employee representatives, provides for a different distribution of daily working time — in all cases respecting the minimum rest period between shifts.
An irregular distribution of working hours throughout the year may also be established by agreement. Such distribution must in all cases respect the minimum daily and weekly rest periods.
Working time shall be calculated so that the employee is at their workstation both at the start and at the end of the working day.
What is the minimum rest period between shifts?
At least twelve hours must elapse between the end of one shift and the start of the next.
Where the duration of an uninterrupted daily shift exceeds 6 hours, a rest break of no less than 15 minutes must be provided during that shift. This break shall count as actual working time where this is stipulated or established by collective bargaining agreement or employment contract.
Employees are entitled to a minimum weekly rest period of one and a half uninterrupted days, which may be accumulated over periods of up to 14 days and which, as a general rule, shall cover Saturday afternoon or, where applicable, Monday morning, plus the whole of Sunday.
Can working hours be extended or reduced?
For sectors and types of work that require it due to their particular characteristics, the Government may — on the proposal of the Ministry of Labour and Social Affairs and following consultation with the most representative trade unions and employers' organisations — establish extensions and reductions in the organisation and duration of working hours and rest periods. Examples of extended working hours include the retail and hospitality sectors, and non-railway security guards and watchmen. Examples of reduced working hours include work involving exposure to environmental hazards or work carried out underground in mines.
What counts as night work?
Night work is defined as work carried out between 10 p.m. and 6 a.m. Any employer who regularly makes use of night work must notify the Labour Authority accordingly.
A night employee is one who normally works at least 3 hours of their daily working time during the night period, or who is expected to work at least one third of their total annual working hours during the night period.
The standard daily working hours for these workers may not exceed an average of 8 hours per day over a reference period of 15 days.
How is shift work organised?
Shift work refers to any method of organising work in teams whereby employees successively occupy the same posts according to a set pattern — whether continuous or discontinuous — requiring each employee to work at different hours over a given period of days or weeks.
Companies with continuous production processes running 24 hours a day must take into account, when organising shift rotations, that no employee shall work the night shift for more than two consecutive weeks, unless they have voluntarily opted to do so.
How do I draw up a working calendar for my company?
Each year, the company must — following consultation with and a prior report from employee representatives — draw up a working calendar setting out the working schedule and the annual distribution of working days, public holidays, weekly rest days, rest periods between shifts, and other non-working days, taking into account the maximum statutory working hours or, where applicable, those agreed upon collectively. Any remaining days are treated as adjustment days.
The calendar must be displayed in a visible location at each workplace.
How many overtime hours can be worked in Spain?
Any hour worked in excess of the maximum standard working day is considered overtime. Working such hours is voluntary, unless agreed otherwise by individual or collective agreement.
overtime is prohibited during night hours, except in specific activities that are duly defined and expressly authorised. It is equally prohibited for workers under the age of 18.
For the purposes of calculating overtime, each employee's working hours must be recorded on a daily basis and totalled over the pay period, with a copy of the summary provided to the employee on the corresponding payslip.
Employee representatives are entitled to receive monthly information from the employer regarding overtime worked by employees, regardless of how it is compensated, and must receive copies of the relevant summaries for this purpose.
What is overtime due to force majeure?
This refers to hours required to repair damage or address other extraordinary and urgent situations, as well as cases involving the risk of loss of raw materials.
Such hours are mandatory for the employee and do not count towards the annual maximum limit for overtime.
How is overtime compensated, and what is the maximum amount that can be paid?
overtime may be compensated financially or by equivalent rest time, as agreed by individual or collective agreement.
The amount payable for each hour of overtime may never be less than the value of a standard working hour, nor may the equivalent rest time granted be less than the time worked. In the absence of any agreement to the contrary, overtime worked shall be deemed to be compensated by rest within the four months following when it was worked.
The maximum number of overtime hours per year for any employee is 80. Hours compensated by rest taken within 4 months of being worked do not count towards this limit.
The maximum number of overtime hours applicable to employees whose annual working hours are less than the general working hours at the company shall be reduced proportionally.
The 80-hour annual limit does not apply to overtime worked to prevent or repair extraordinary and urgent damage; however, such hours must still be paid as overtime and are mandatory for the employee.
How many paid leave entitlements are there in Spain?
Upon prior notice and subsequent justification to the company, the employee may be absent from work with the right to remuneration. The most common grounds are set out below:
· Marriage: 15 calendar days.
· Birth of a child, or death, accident, serious illness, or hospitalisation of a relative up to the second degree of consanguinity or affinity: two calendar days, or four if travel is required.
· Change of home address: one day.
· Trade union representatives participating in collective bargaining committees, provided the company is affected by the negotiations: as much time as is necessary to carry out their duties properly.
· Time used by Works Council members and company delegates as their monthly credit of hours for the performance of their representative functions.
· Such time as is strictly necessary to attend prenatal examinations and antenatal preparation sessions that must take place during working hours.
· Female employees breastfeeding a child under nine months of age are entitled to one hour's absence from work per day, which may be split into two periods. The employee may, at her discretion, replace this entitlement with a half-hour reduction in her working day for the same purpose. This leave may be taken by either the mother or the father where both are in employment.
ANNUAL PAID HOLIDAYS:
How long is annual leave, and when can it be taken?
The duration shall be as agreed individually or collectively, and may never be less than 30 calendar days.
Holiday dates shall be fixed by agreement between the employer and the employee, in accordance with any provisions set out in applicable collective bargaining agreements regarding annual holiday planning. In all cases, the employee must be informed of their allocated holiday dates at least two months before the scheduled start date.
Annual leave may not be replaced by financial compensation, except where the termination of the employment contract makes it impossible to take the leave.
The recent ruling of the CJEU dated 12/09/2022 in Case C-120/21 establishes, however, that where the employer has not informed, encouraged or facilitated the taking of annual leave, the one-year limitation period for claiming that entitlement does not begin to run.
How many public holidays are there in Spain?
Public holidays are set annually and are paid and non-recoverable.
There may be no more than 14 per year, of which 2 are local holidays. In all cases, the following national holidays must be observed: Christmas Day, New Year's Day, 1 May (Labour Day), and 12 October (Spain's National Day).
