Understanding working hours and Overtime Pay in Spain

Understanding working hours, overtime, and seasonal adjustments in Spain is essential for maintaining compliance with local labor laws and collective agreements. This guide outlines the key regulations, including standard hours, night work, overtime limits, and the special summer schedule observed in August.

Standard Working Hours

Daily Maximum: The standard working day in Spain is limited to 9 hours, unless otherwise agreed in a collective agreement.
Weekly Maximum: The maximum number of effective working hours per year is 1,800, which averages 40 hours per week.

Special Summer Hours in August

In accordance with the XVII Collective Bargaining Agreement for Consulting, Market Research, and Public Opinion Firms, a reduced summer schedule applies during the month of August:

Monday to Thursday: Regular working hours.
Friday: Reduced hours, typically 9:00 AM to 1:00 PM.
Total Weekly Hours: 36 hours per week.

This adjustment does not impact employee compensation.

For part-time employees: August hours are reduced proportionally based on contracted working hours.

Example:
If an employee works 75% of full-time hours (1,350 hours/year), their weekly average is 30 hours. In August, their cap becomes 27 hours/week (75% of 36).

Please note:

If a Friday is taken as vacation, the reduced Friday hours cannot be moved to another day.
Teams should coordinate internally to maintain productivity while respecting the adjusted schedule.

Rest and Break Periods

Meal Breaks: Not specifically regulated by statute but often defined in individual contracts or collective agreements.
Work Breaks: A 15-minute break is mandatory after 6 hours of continuous work (30 minutes for minors). Whether this break is paid depends on the applicable collective agreement or contract.
Weekly Rest: Employees are entitled to 1.5 consecutive days of weekly rest, usually including Sunday and part of another day.

Public Holidays

Employees in Spain are entitled to 14 paid public holidays annually. This includes national, regional, and two local holidays. Common national holidays include New Year’s Day and Labor Day.

Night Work

Night work is defined as any work performed between 10:00 PM and 6:00 AM.

Employees who regularly work during this period are considered night workers and are:

Limited to an average of 8 hours per day over a 15-day period.
Prohibited from performing overtime.

Overtime Work

Voluntary Basis: Overtime is voluntary unless mandated by a collective agreement or individual contract.
Annual Limit: Overtime is capped at 80 hours per year, except in emergencies (e.g., disaster response).
Compensation:
- Time off equal to hours worked plus a 75% increase, or
- Monetary payment, depending on the applicable collective agreement.

Recommended Overtime Compensation Rates (for administrative guidance):

Regular Working Days and Rest Days: +75% of regular wage.
Public Holidays: +100% of regular wage.

Shift Changes

Employers may alter work shifts, but specific procedures must be followed to remain compliant:

Justification: Must be based on legitimate needs (e.g., productivity, competitiveness).
Written Notice: Employees must be notified at least 30 days in advance.
Employee Options:
- Accept the change (with compensation for related expenses), or
- Decline and terminate the contract with severance pay.
Consultation: The change must be discussed with employee representatives beforehand.
Legal Challenge: Employees can dispute the change in social court, which will determine its validity.

Summary

Category	Rule
Daily working hours	Max. 9 hours
Weekly working hours	Avg. 40 hours (1,800/year)
August schedule	36 hours/week; Fridays: typically 9:00 AM–1:00 PM
Overtime limit	80 hours/year (excluding emergencies)
Night work	10:00 PM–6:00 AM; no overtime; max. 8 hrs/day avg over 15 days
Weekly rest	1.5 consecutive days
Paid public holidays	14 (including 2 local)
Overtime compensation (guideline)	+75% (regular/rest days); +100% (public holidays)

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