Spanish Labor Law and Employment Contract Regulations

Working Hours and Rest Periods

The maximum duration of working hours will be 40 hours per week of actual work, calculated as an annual average. This distribution shall meet the minimum daily rest periods of 12 hours between the end of one shift and the beginning of the next, plus a day and a half of uninterrupted rest.

Special Sectors and Reduced Rest

Special days: The rest period is reduced to a minimum of 10 hours for specific activities. These special days apply to: employees of urban properties, non-rail guards, guards engaged in agriculture, and those working in trade, maritime, catering, health, mining, building, public works, and transportation.

Regulations for Workers Under 18

Children under 18 cannot perform overtime. Overtime hours can only be compensated by paid rest. If you have a temporary contract, you cannot perform overtime; it is prohibited to work extra hours if you work from 22:00 to 06:00. The employment contract for those between 16 and 18 years old requires permission from their parents. Children under 18 cannot work at night, cannot do overtime, and cannot work more than 8 hours a day.

Holidays and Paid Leave Entitlements

The holidays are established by collective bargaining and will not be less than 30 natural days. The worker must know the date of their holiday at least 2 months before the first day of entitlement.

Days that you can take which are paid include:

• 15 days for marriage.
• 2 days for child birth or death.
• 1 day for the transfer of a registered address.
• Time to perform essential public duties or inexcusable union functions.
• Time for examinations, prenatal techniques, and delivery.
• In cases of preterm babies, the father or the mother has a right to a 1-hour period.

Trial Periods and Professional Categories

During the trial period, the worker must be registered in the Social Security (SS) and receive the corresponding salary. This must be set in writing. If the duration is set by collective agreements, the pact is null if the worker has performed the same duties with the employer previously. The purpose is to find the worker's fitness. Reduction of time for child care is a right, and the Professional Category corresponds to the job that they play.

Types of Employment Contracts

Indefinite contracts: The principal characteristic is that you can be fired.
Contract practices: These are intended to acquire professional practice following previous studies.
Fixed-term contracts are indefinite.
An employee is defined as someone who has a service agreement with an employer.

Exclusions and Special Labor Relations

Activities excluded from labor legislation: Public officials, mandatory personal benefits, friendship or family work, corporate transactions, and commercial carriers.

Related special labor: Professional athletes, artists, senior management staff, domestic staff, and people involved in corporate transactions. Some aspects are governed by the Workers' Statute and others by their specific rules.

• Related common labor: Based on a basic salary that a collective agreement establishes.
• Related special labor: Includes a fixed salary and sales commissions.
• Related mercantilist labor: Based only on commissions.