Labor Law in Spain: Working Hours, Leaves, and Salary

Labor Day

Time is measured in days, weeks, or months that the employee is engaged in work.

Duration of the Day

The duration of the day must be agreed upon in the collective agreements or employment contracts within the limits established by law. The working day is measured in hours.

• Daily Weekly: Maximum duration: 40 hours per week.
• Working day: According to the ET, it cannot exceed 9 hours.
• Special Days: Activities and characteristics of some sectors can make necessary additions or reductions in working hours.

Breaks

The minimum periods of rest established in the collective agreement and the ET must be respected.

• Rest in the day: More than 6 hours: minimum 15 minutes; up to 6 hours: not required. Under 18 years: at least 15 minutes.
• Minimum closing days: At least 12 hours must pass between the end of one day and the beginning of the next.
• Minimum Weekly Rest: Must be a day and a half without interruption (Under 18 years: 2 days).

Overtime

Overtime is every hour that exceeds the effective duration of the regular workday.

Types of Overtime

• Voluntary: The worker does not want to do it.
• Compulsory: Those that are agreed upon in the employment contract and included in the collective agreements.

Reduced Hours

Workers have the right to request a reduction in working hours for:

• Breastfeeding
• Legal Guardianship
• Hospitalization of Infants
• Gender Violence

Work Schedule

The work schedule is a document that establishes the working year. It includes:

• Working Hours
• Annual Calendar
• Holidays

Hours of Work

This is fixed in the collective agreement.

• Rigid Schedule (most common)
• Flexible Hours
• Night Work
• Shift Work

Annual Holidays

Annual holidays are the leave period that the employee is paid each year (30 days).

Holidays

• New Year
• May 1
• October 12
• December 25

Paid Leave

With notice and justification, it is possible to miss work for personal or family reasons and still receive remuneration.

The Salary

Salary is the totality of workers' wages, in cash or in kind, for carrying out work on behalf of others.

Wage Perceptions

These include:

• Base salary: The salary is fixed per unit of time or unit of work.
• Salary Additions: Remuneration added to the base salary.
• Other salary concepts: Such as extra payments or pay in kind.

Non-Wage Perceptions

Payments allocated to compensate or indemnify the employee for expenses or requirements.

• Compensation
• Benefits and compensation from Social Security
• Indemnities for transfers

Wage Deductions

• Income Tax: Income tax for individuals.
• Social Security Contribution: Providing resources for the financing of Social Security.
• Group Fee: There are 11 categories, all framed within 11 groups.

Guarantees of Salary

These are measures to protect the collection of wages by employees.

The Payroll

The payroll is the document that justifies the delivery of the agreed remuneration.

Accruals: The concepts for which we collect payment.