Working hours, leave and holidays

Introduction

The law establishes conditions and limits and the regulations apply these.

They may be specified in collective agreements .

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Working time

These issues are regulated in Article 34 of the Workers’ Statute .

The following issues are also set out in the Labour Guide:

• Duration established in collective agreement: Maximum of 40 hours of effective work (weekly average in one year).

• Rest period between working days: at least 12 hours.
• Maximum number of ordinary working hours per day: 9 hours, unless a collective agreement or, failing that, an agreement between the company and the workers’ representatives provides for a different distribution of daily working time, while in all cases respecting the rest period between working days.
• If more than 6 consecutive hours are worked, a break of at least 15 minutes must be taken.
• In the case of workers under 18 years of age, the break period will be at least 30 minutes and must be provided whenever the duration of the continuous working day exceeds 4.5 hours. Working time may be distributed irregularly by means of a collective agreement or, failing that, by agreement between the company and the workers’ representatives. In the absence of such an agreement, the company may distribute 10% of the working time irregularly over the year. That distribution must in all cases comply with the minimum daily and weekly rest periods laid down by law, and the worker must be informed, with at least five days’ notice, of the day and time of the work resulting from it.
• The company must guarantee a daily record of working time, to include the specific start and end times of each worker’s working day.
• There are specific arrangements for certain activities. See Royal Decree 1561/1995 of 21 September on special working time arrangements.
• Adjustments may also be made to facilitate work-life balance, in relation to the duration and distribution of working time, the organisation of working time and the manner in which work is performed, including remote working. Such adjustments must be reasonable and proportionate in relation to the needs of the worker and the organisational or production needs of the company.
• There are stricter rules for night work and shift work.  (Article 36 of the Workers’ Statute)  .

   

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Overtime

These matters are governed by Article 35 of the Workers’ Statute  .

They are also covered in the  Labour Guide  :

• This is work performed in excess of ordinary working time.
• It is voluntary, unless otherwise agreed in a collective agreement or individual employment contract.
• They will be compensated either by pay, at no less than the rate for ordinary hours, or by paid time off which, in the absence of an agreement, must be granted within the four months following their performance.
• The maximum is 80 hours per year, not including those worked to prevent or repair accidents and other extraordinary and urgent damage. In the case of workers whose annual working time, by reason of the type or duration of their contract, is shorter than the general working time in the company, the maximum annual number of overtime hours will be reduced in the same proportion as that between those working times. For these purposes, overtime hours which have been compensated by time off within the four months following their performance will not be counted.
• For the purpose of calculating overtime, working time will be recorded day by day and reflected in the payslip.

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Paid leave

These issues are regulated in Article 37 of the Workers’ Statute .

The following issues are also set out in the Labour Guide :

• Weekly rest: one day and a half, which may be accumulated over a period of 14 days. As a general rule, that rest period will include Saturday afternoon or, where appropriate, Monday morning, and the whole of Sunday. For workers under 18 years of age, the weekly rest period will be at least two uninterrupted days.
• Public holidays: 14 per year. Paid and non-recoverable.
• Paid leave, that is, absence from work with prior notice and justification, for certain reasons.
  • Marriage or registered partnership: 15 days.
  • Accident, serious illness, hospitalisation or surgical intervention without hospitalisation requiring home rest of a spouse, registered partner or relatives up to the second degree, including blood relatives of the registered partner, or a cohabiting person: 5 days
  • Death of a spouse, registered partner or relative up to the second degree: 2 days (4 days where travel is required).
  • Change of habitual residence: 1 day.
  • The time necessary to fulfil an unavoidable public and personal duty, including the exercise of the right to vote.
  • To perform trade union duties, in accordance with legal and collectively agreed terms.
  • Prenatal examinations and preparation for childbirth. Information and preparation sessions for adoption, guardianship for the purposes of adoption or foster care. For the carrying out of the mandatory psychological and social reports prior to the declaration of suitability: The time necessary.
  • Inability to access the workplace as a result of recommendations, restrictions or prohibitions issued by the competent authority, or where there is a serious and imminent risk: up to four days, which may be extended if the circumstances justifying it do not cease.
  • The time necessary, during working hours, for preparatory acts relating to organ or tissue donation.

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Annual holidays

These issues are regulated in Article 38 of the Workers’ Statute .

The following issues are also set out in the Labour Guide :

• The annual paid holiday period, which may not be replaced by economic compensation, will be no less than 30 calendar days.

• The holiday period or periods will be established based on mutual agreement between the employer and the employee.

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Temporary incapacity

This is a situation in which a worker is temporarily unable to work due to a common or occupational disease or an accident, whether or not work-related, while they receive medical care covered by the Social Security system.

Situations that are also considered determining factors in temporary incapacity include observation periods due to occupational diseases in which the worker is declared unfit to work.

Information about this benefit (beneficiaries, requirements, amount, duration, causes for cancellation, processing and documents, etc.) is set out in the Labour Guide and on the Social Security website .

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Medical examinations

Medical examinations, pursuant to Article 22 of Law 31/1995, on occupational risk prevention : Regular monitoring of workers’ health, depending on the risks involved in their jobs, is mandatory for the employer and must be performed at the employer's cost.

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Información por Comunidades Autónomas

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