Spanish Labor Law: Working Hours and Contracts Essentials

Working Hours and Labor Regulations

The legal maximum working week is 40 hours (annual total). Note that children under 18 years of age are prohibited from working overtime or performing night work.

Expansion or Reduction of Working Hours

• Extension: Can be achieved by agreement between the parties.
• Reduction: May occur due to force majeure, such as childcare needs, or other justified reasons.

Periods of Rest and Compensation

According to Articles 34 and 37 of the Workers' Statute (ET), every worker is entitled to rest periods. All these breaks, including monthly rest days, are compensated as part of the monthly salary.

Defining Working Hours

Working hours are defined as the time (daily, weekly, or yearly) that the worker must dedicate to fulfilling the employment contract. The principal obligation of the worker is the fulfillment of their established workday.

Statutory Limitations on Working Hours

• A minimum of 12 hours must elapse between the completion of one workday and the beginning of the next.
• Weekly Rest: Workers are entitled to 1.5 uninterrupted days off per week. Workers under the age of 18 are entitled to 2 days.
• The legal maximum working week is 40 hours per week.
• Children under 18 are prohibited from working overtime or performing night work.
• For every six hours of continuous work, the worker is entitled to a rest period of 15 minutes.

Overtime Regulations

Overtime is categorized as follows:

• Force Majeure Overtime: Hours necessary to prevent or repair damage.
• Structural Overtime: Voluntary hours agreed upon by the worker.
• Other Overtime: Hours that do not respond to exceptional company needs but are used to avoid hiring additional workers.

Mandatory Rest Breaks

• Daily Rest: A minimum of 12 uninterrupted hours must elapse between the end of one shift and the beginning of the next.
• Weekly Rest: Workers over 18 are entitled to an uninterrupted rest period of 36 hours.
• Annual Rest (Vacations): All workers are entitled to annual holidays (30 calendar days for each year of service).

Night Work Definitions and Limits

According to Article 36 of the Workers' Statute (ET) and Royal Decree (DR) 1561/1995, night work is defined as work performed between 22:00 and 06:00 hours.

A worker is considered a night worker if they perform at least 3 hours of their daily working time during night hours.

• The workday for a night worker may not exceed 8 hours per day, averaged over a 15-day period.
• Night workers are prohibited from working overtime.

Employment Contracts: Formalities and Types

An employment contract may be established verbally or in writing. However, a written format is mandatory when required by statute, specifically for the following types of contracts:

• Practices (Internships).
• Training contracts.
• Contracts for the realization of a specific work or service.
• Part-time, fixed-term discontinuous (fixed broken), and relay contracts.
• Delivery contracts.
• Workers hired in Spain for Spanish companies operating abroad.
• Fixed-term contracts whose duration exceeds four weeks.

Either party may require the contract to be formalized in writing at any time during the employment relationship.

Contract Duration: Indefinite vs. Fixed Term

A contract may be indefinite (permanent) or have a fixed term (temporary). In principle, an employment contract is presumed to be permanent and full-time, unless the contract explicitly states otherwise.

The specific regulations governing each type of temporary contract establish its minimum and maximum duration.