Working Time and Compensation in Spain: A Detailed Overview

Posted on Nov 14, 2024 in Law & Jurisprudence

ITEM 8: WORKING TIME AND COMPENSATION

8.1. Workday

Definition

A workday is the time a worker dedicates to actual work, calculated daily, weekly, monthly, or yearly. It’s stipulated in the Workers’ Statute and may be improved upon in collective agreements. Travel time to work is not considered part of the workday. However, if an accident occurs during the commute, social security will cover it, and the worker can take sick leave.

Maximum Ordinary Working Day

The maximum regular workday is 40 hours per week on average, annualized (1994 revision). Regular distribution is considered as follows:

  • Cash Daily Work (without breaks): 9 hours, unless an agreement/contract justifies a different duration.
  • Under 18 years: Maximum 8 hours, respecting rest periods.
  • Breaks (“snack break”): 15 minutes if the workday exceeds 6 hours, 30 minutes if the worker is under 18 and the workday exceeds 4.5 hours. Not necessarily paid, except when mandated by a collective agreement or contract.
  • Rest between ordinary days: 12 hours (both for workers under and over 18).
  • Weekly: 36 hours (1.5 days) uninterrupted, and 48 hours (2 days) for workers under 18. The Staff recommend Saturday afternoon, Sunday, and Monday mornings. This can be improved by agreement to provide 2 full days. Weekly rest can be accumulated up to 14 days; therefore, a worker must have a minimum of 3 days off.
  • Uneven distribution: 40 hours per week with variations, but production must be circumstantial and temporary.

Special Day

RD 1561/1995 and RD 285/2002, as amended, regulate sectors with extended or reduced working hours.

  • Extended Days (+40 hours): Employees in urban estates, rail guards, and security guards not working in the field; hospitality, trade, transportation, and maritime work.
  • Limited Days (-40 hours): Work exposed to environmental hazards; work inside underground mines; work in construction and civil engineering; shared work; compressed air work; work in cold or freezing conditions; etc.

The Equality Act (LO 3/2007) introduced changes, recognizing in Art. 34.ET the employee’s right to adjust working hours and their distribution to reconcile personal and family life, according to collective bargaining or agreement with the employer.

Reduction Day

  • For breastfeeding (Art. 374 ET): All those involved are entitled to 9 months. One hour is divided into two half-hour periods. The time can be compressed into full days. This time is paid. The worker, not the employer, decides. The employee must give 15 days’ notice.
  • Baby Hospital: Parents are entitled to reduce their working hours by 1 hour daily. This is paid (for a maximum of 13 months). The reduction has a maximum of 2 unpaid hours.
  • Legal guardianship of children, disabled, or infirm family members: Children: up to 8 years old. Disabled: physical or psychological. Family members excluded from Grade 2. The reduction in working hours is up to 1/8 – 1/2, proportional to wages.
  • Gender Violence: Victims entitled to effective social protection and assistance are entitled to reduce their working hours with a proportional reduction in salary or redistribution of the workday.

8.2. Working Hours Distribution

Distribution of working hours throughout the day and week, including hours and rest. The employer sets the work schedule and distribution, which is generally established in the contract.

Hours Worked

  • Fixed hours: Workers must remain at their jobs from the start time to the end time.
  • Flexible Hours: Start and end times are marked, but there is flexibility within a certain range for task completion.

Special Work Schedules

  • Night Work: Between 10:00 PM and 6:00 AM, or any schedule where 1/3 of the working time falls within that period. The pay for these 3 hours need not be higher, as it’s already agreed upon in the contract. Workers under 18 cannot perform night work. They cannot work overtime, exceeding 8 hours per day over a period of 15 days. Exceptions are allowed in sectors where tasks involve repairing or preventing losses, risks, or diseases during the night. The surcharge is established in a collective agreement. When night work is established, the labor authority must be informed. For workers with health problems, the employer should favor alternative schedules.
  • Shift Work: Different hours in a given period of days or weeks in the same position, following a certain rhythm. Typical schedules are: 2:00 PM – 6:00 AM / 2:00 PM – 10:00 PM / 10:00 PM – 6:00 AM. The worker cannot be on the night shift for more than 2 weeks unless they request it voluntarily. Shift work regulations are similar to those for night work. The company must conduct a medical evaluation of the worker. The break between shifts is from 7:00 AM, but during the week, any missing 5 hours must be made up (by starting 1 hour earlier each day). Shift work regulations are set by convention.

8.3. Overtime

Overtime hours are those that exceed the normal working hours established by contract or collective agreement. In part-time contracts, they are called complementary hours. By collective agreement or contract, you can choose to pay them as agreed or compensate with time off within 4 months. There is an obligation to record all overtime, and a summary must be provided to workers and their representatives. Overtime is voluntary unless agreed upon in a collective contract or agreement. There are two types of overtime:

  • Voluntary Overtime (or structural): Cannot exceed 80 hours per year. If the workday is less than usual, the proportion is reduced. If rest is taken to compensate for these 80 hours, they do not count. These hours are subject to a 4.7% Social Security contribution.
  • Mandatory Overtime:
    • Collective agreement or contract: To provide remedies for claims/risks/other agreed-upon causes (structural). Subject to a 4.7% Social Security contribution.
    • Overtime due to force majeure: Extraordinary and urgent need, subject to a 2% Social Security contribution.

Other Information

  • The Government may abolish or increase the number of overtime hours for certain general or specific branches of activity.
  • Workers under 18 cannot work overtime or part-time additional hours, including night work and reduced maternity leave.

8.4. Work Calendar

Companies produce a new calendar annually, after consultation with employee representatives, to ensure workers have days off. It must be visible in the workplace and should include:

  • Work schedule
  • Distribution of annual leave (usually between July and August, and also in February and November)
  • Holidays and working holidays, rest breaks (including daily and weekly rest)
  • Any other characteristics affecting the workday

Public holidays are paid and non-reusable. They cannot exceed 14 hours per year, of which 2 are set by the City Hall. The Government approves the annual calendar. Of the 14 days, there are fixed holidays in April (December 25, January 1, May 1, October 12). The remaining 10 can be modified by the Autonomous Communities.

Annual Leave

Annual leave is non-replaceable compensation. It’s agreed upon in the collective agreement or employment contract, with a minimum of 30 calendar days (or 22 working days) per calendar year (from January 1 to December 31). This period is reduced proportionally if the worker hasn’t worked the full year. The company must inform the worker of their vacation dates at least two months in advance. The dates are set by mutual agreement between the employer and the worker. In case of disagreement, the employee has 20 days to file a claim with the labor court. Vacation time must be taken within the calendar year unless there’s an agreement to carry it over. Workers on maternity leave, breastfeeding, or pregnant have priority. Workers with preschool children have priority during school holidays (July/August). Shift workers can divide their vacation into periods of at least 15 consecutive days. Seniority does not affect the choice of vacation period.

8.5. Paid Leave

  • 1 hour of paid leave for premature births or hospitalized newborns.
  • 1 hour divided into 2 half-hour periods for 9 months (breastfeeding).
  • 15 calendar days for marriage or civil partnership.
  • 15 calendar days for the birth of a child (2 days + 13 days according to the Equality Act). Possibly 1 month. Also applies to the adoption of a child under 5 years old.
  • From January 1, 2009, paternity leave was extended to 20 days in these cases:
    • When a new birth or adoption occurs in a large family.
    • When a birth or adoption occurs and creates a large family.
    • When a child is born with a disability (22 days).
  • 2 days for death, injury, serious illness, hospitalization, or outpatient surgery requiring home rest of a relative up to the 2nd degree of consanguinity or affinity. 4 days if travel is required.
  • 1 day off for moving to a new permanent residence.
  • Time required to comply with unavoidable public and personal duties, including the right to vote (e.g., elections).
  • Time required for union functions or personal representation.
  • Essential prenatal time for medical checkups and preparation for childbirth (entitled to two).
  • Time required for final exams and tests for obtaining academic or professional qualifications recognized by the Ministry of Education and Science, held at official institutions and lasting at least 8 hours. This does not apply to driving licenses or public examinations.
  • 1 day of non-accrued vacation time for personal matters.
  • Time required for adequate practical training in safety and hygiene for workers when hired, changing jobs, or when new techniques/machinery are implemented.
  • 4 days at the old residence for every 3 months of displacement if it’s temporary and requires residing in a different location than the usual one.
  • Time for prior medical examinations required for job applications.
  • 1 day for personal appearances in reconciliation and justice proceedings if the employer is found liable.
  • Up to 3 months for retraining or professional development courses offered by the company to adjust or modify the worker’s job position.
  • 6 hours per week during the 30-day notice period for termination of contract for objective reasons.
  • Time for inability to work when the employer delays providing work due to their own impediment.
  • Time spent on a particular activity that involves downtime during which the worker is available to the company.

8.6. Unpaid Leave and Reduced Working Hours

Reduced Working Hours

  • Birth of a premature or hospitalized baby, with a 2-hour reduction in working hours and wages.
  • Legal guardian of a child under 8 years old, a disabled person, or a family member who cannot fend for themselves up to the 2nd degree of consanguinity. Minimum 1/3 reduction for children, minimum 1/8 for others, and up to 1/2 for gender violence cases.

Leave of Absence

  • Active Status: Preserves the legal responsibility of the job and counts towards seniority. It will be considered for election or appointment to public office that makes it impossible to perform work duties. Applies to political, not administrative, positions. Not applicable when acquiring the status of a public official. It can be initiated by the worker or the employer. Also applies to workers engaged in union functions at the provincial level or higher, provided it’s an elective office and they are union representatives. The worker cannot reconcile their new position with their job. If absences exceed 20% for 3 months, the employer can force the worker to take mandatory leave. Reinstatement must be requested 1 month before returning to work. The contract is suspended, and the worker is not entitled to compensation.
  • Voluntary Leave of Absence: Requires at least 1 year of prior work and 4 months of service. Cannot exceed 5 years. Another leave cannot be requested within 4 years. Applies to company or lower-level union representatives or provincial representatives. In these two cases, the employee retains their position (or a similar vacancy in the same category). This can be improved by convention (e.g., chemical industry). They have a maximum of 3 years from birth, adoption, or fostering to care for a child. They have a maximum of 2 years to care for relatives up to the 2nd degree of consanguinity due to age, accident, illness, or disability that prevents them from self-care, and it doesn’t apply to the previous two cases. The job is retained for 1 year from the start of the leave, after which there is a preferential re-employment right. If the worker is part of a large family, this period becomes 15 or 18 months. The time on leave counts towards seniority. The worker is entitled to training during the leave.