Labor Regulations: Working Hours, Rest Periods, and Overtime Limits

Defining the Working Day and Time Limits

Working Time is the duration, measured daily, weekly, monthly, or yearly, that a worker dedicates to the execution of their duties.

• Maximum length: 40 hours per week.
• Number of ordinary hours shall not exceed 9 hours a day.
• Minimum rest between shifts: 12 hours.
• Workers under 18 years old cannot work more than 8 hours a day.

Exceptions and Constraints on Working Hours

Certain sectors have specific regulations regarding the extension or constraint of the working day:

• Extensions: Trade, catering, and the watchful guard of mariners in these three sectors can extend the working day.
• Constraints: Work in cold stores, construction works, and works exposed to environmental risks.

Mandatory Rest Periods for Employees

Types of Rest Periods

• Daily Rest: At least 12 hours between working sessions.
• Weekly Rest: At least one and a half uninterrupted rest days. This generally comprises the full Saturday afternoon and Sunday, or Sunday and Monday morning.
• Accumulation of Weekly Rest: Weekly rest periods can accumulate for up to 14 days.
• Rest for Minors (Under 18): Workers under 18 must receive at least 2 consecutive days of weekly rest.
• Continuous Working Day Break: When the working day exceeds 6 hours, there must be a break of not less than 15 minutes.
• Continuous Working Day Break (Under 18): When the day is 4.5 hours, the break must be at least 30 minutes.
• Annual Rest (Vacation): The annual rest period (vacation) will be 30 calendar days.

Overtime Regulations and Limits

Overtime is considered each hour worked in excess of the maximum period of normal working hours.

• Maximum Annual Limit: The maximum number of overtime hours that can be performed is 80 per year, excluding those performed to prevent or remedy claims (emergencies).
• Implementation: Overtime implementation is voluntary, unless otherwise agreed upon in a collective agreement or individual contract.
• Prohibitions: Overtime is prohibited for workers under 18 and also during the night shift.

Employee Rights to Paid Leave

Employees are entitled to paid leave for specific events:

• Marriage: Days prescribed by law.
• Moving Usual Home: 1 natural day.
• Birth, Serious Illness, or Death of a Family Member (up to 2nd degree): 2 days if in the same location; 4 days if traveling to a different location.
• Union Functions: The time prescribed by law.
• Public Duties: Indispensable or personal time required (e.g., exams, voting, attending a trial).
• Breastfeeding a Child: 1 hour daily, which can be divided into 2 periods. This time can be reduced to ½ hour at the beginning or end of the working day.
• Childbirth/Prenatal Exams: The time required.

Understanding FOGASA (Wage Guarantee Fund)

What is the purpose of FOGASA and how is it funded?

The purpose of the Social Security Fund (FOGASA) is to ensure payment of wages and compensation if the company declares bankruptcy or insolvency. It is funded by a percentage contribution based on the company's payroll.