Labor regulations in Spain are defined primarily by the Statute of Workers. Spain also has a long list of other employment and labor laws that regulate the employer-employee relationship.
Replicon offers a default, configurable pay rule that allows you to easily meet Spanish labor law requirements that apply at the national level. Note that our out-of-the-box solution doesn’t cover regulations defined by collective bargaining agreements.
Normal working hours
The Statute of Workers sets an absolute limit of 40 work hours per week, on average, in one year. The maximum work day is nine hours.
Employees under 18 years of age can work a maximum of eight hours per day.
Actual maximum allowable working hours are established by collective agreements or by individual employment contracts.
Employees required to work more than six uninterrupted hours are entitled to a minimum 15 minute break.
Employees under 18 must be given a 30 minute break if their work day exceeds 4-1/2 continuous hours. They must be given two days' rest per week.
Exceptions to these rules may apply for employees in certain industries and other specific employment relationships (such as senior executives, security guards, or hospitality workers)
Employees are not legally required to work overtime unless this is stipulated in a collective agreement or individual employment contract.
Employees are not allowed to work more than 80 hours of overtime in a year. Minors, night workers (who work between 10 p.m. and 6 a.m.) and part time workers cannot work overtime.
Employees must be paid a premium rate, in addition to their standard rate, for overtime. Or, overtime must be compensated with equivalent time off. It must be paid by the hour.
Work performed between 10 p.m. and 6 a.m. is considered night work. A night premium must be paid to any employee whose shift includes three or more hours of night work, the amount of which is established by collective agreement.
Employers must provide a free health assessment to workers before they begin working a night shift and at regular intervals thereafter. Night workers who experience health problems must be allowed to transfer to a daytime job.
Employees are entitled to take off 14 public holidays per year. 9 holidays are observed countrywide:
Besides national holidays, each region designates three additional holidays and each local council designates two.
The government may specify that holidays that fall on weekdays be observed on the following Monday.