Spain

Spanish labor law provides a framework for working hours, ensuring a balance between work and personal life for employees. The standard workweek in Spain is 40 hours, as stated in Article 34.1 of the Workers' Statute.

The daily working hours cannot exceed 9 hours on average. This allows for some flexibility in scheduling throughout the year, as long as the average remains within the 40-hour limit.

The specific distribution of working hours within the week is typically determined by employment contracts or collective bargaining agreements. However, these agreements must adhere to the maximum daily and weekly limits established by law.

In Spain, labor law permits overtime work under certain conditions, with a focus on employee well-being and fair compensation.

Overtime is defined as any hours worked beyond the standard working hours. However, there is a maximum annual overtime limit of 80 hours to prevent employees from being overworked.

Overtime work is typically voluntary, meaning an employee cannot be compelled to work overtime unless there are exceptional circumstances such as accidents or emergencies, as stipulated in collective bargaining agreements.

Employers have two options for compensating overtime work. They can either pay for the overtime, which must be at least 75% higher than the regular hourly rate, or they can offer equivalent paid time off in lieu of payment. This time off must be granted within four months of working the overtime hours, unless otherwise agreed upon.

The Working Hours Registration Law (Ley 8/2019) requires employers to maintain detailed records of all working hours, including overtime. This promotes transparency and safeguards employee rights.

It's important to note that collective bargaining agreements may contain specific provisions regarding overtime work that override these general regulations. Therefore, it's always advisable to consult the relevant employment contract or collective agreement for a comprehensive understanding of overtime rules and compensation within a specific workplace.

Spanish labor law prioritizes worker well-being by mandating rest periods and breaks throughout the workday and workweek. Here's a breakdown of these entitlements:

Daily Rest Period

• All employees are entitled to a minimum rest period of 12 hours between the end of one workday and the beginning of the next. This ensures sufficient time for recovery and prevents fatigue.

Daily Breaks

• Employees who work for more than six continuous hours are entitled to a rest break of at least 15 minutes. This break is not considered working time unless stipulated otherwise in a collective bargaining agreement or employment contract.

Breaks for Minors

• Workers under the age of 18 have additional break time entitlements. They must receive a rest break of at least 30 minutes when their workday exceeds four and a half hours.

Weekly Rest Period

• Spanish law mandates a minimum of one and a half days of uninterrupted weekly rest. This rest period typically includes all of Sunday and part of Saturday (afternoon or morning).

Flexibility in Weekly Rest

• The specific days of the weekly rest period can be negotiated through collective bargaining agreements. However, the total rest time must still amount to at least 36 hours within a 14-day period. This allows for some flexibility in scheduling, particularly for shift workers.

These are the minimum legal requirements. Employment contracts or collective bargaining agreements may offer more generous break times or rest periods.

Spanish labor law acknowledges the difficulties associated with night and weekend work and has specific regulations in place to safeguard worker well-being in these situations.

Night work is typically defined as work carried out between 10 pm and 6 am, although specific industries or collective agreements may have different definitions. Employers are required to provide a free health assessment to employees before assigning them to night work and at regular intervals thereafter. The average workday for night workers cannot exceed 8 hours in a 15-day reference period. This can be extended to a maximum of 4 months (or 6 months through collective agreements) for scheduling flexibility, but the daily average of 8 hours must still be maintained. Overtime work for night shift employees is generally prohibited with a few exceptions, such as preventing accidents or repairing urgent damages. Night workers are entitled to higher pay compared to regular working hours. The specific compensation amount is typically determined by collective bargaining agreements or employment contracts.

Weekend work generally refers to work performed on Saturdays and Sundays. Spanish law mandates a minimum 1.5 days of uninterrupted weekly rest, which typically includes all of Sunday. This ensures weekend work doesn't completely eliminate rest periods. Weekend work may be compensated through higher pay or alternative rest days during the week, depending on the specific employment contract or collective bargaining agreement. Collective bargaining agreements can negotiate some flexibility in how the weekly rest period is distributed. However, the total rest time must still amount to at least 36 hours within a 14-day period. This allows for some weekend work while still guaranteeing sufficient rest.

Employers should consult with legal professionals to ensure they comply with all applicable regulations regarding night shift and weekend work, particularly in situations involving collective bargaining agreements.