In Spain, Working hours are regulated by the Workers’ Statute, adopted by Royal Legislative Decree 2/2015 of 23 October.
One of the most important regulations concerns the maximum length of the working week, which is generally set at 40 hours.
However, it is important to note that There are exceptions and circumstances in which it is possible to work more than 40 hours a week in Spain, provided that certain requirements are met and workers’ rights are respected.
What is the maximum number of hours you can work per week?
The issue of working hours or the working day is governed by the Workers’ Statute and, specifically, by Article 34. In accordance with current legislation, the length of the working daywill be as agreed in collective agreements or employment contracts, and shall not exceed, a 40-hour working week of actual work on average, calculated annually.
Consequently, it is most common to find working days of 8 hours, spread over five days a week – a regular pattern known as a full-time working week – although there are human resources management models in jobs and situations where people work longer hours, as the working day is divided up irregularly.
In this regard, the current legislation states that the number of ordinary hours actually worked must not exceed 9 hours per day, «unless a collective agreement or, failing that, an agreement between the company and the workers’ representatives provides for a different allocation of daily working time, whilst in all cases ensuring that the rest period between working days is observed» (Article 34 of the Labour Code).
Furthermore, it is stated that Between shifts, workers must have a effective rest of at least 12 hours. These hours are counted from the end of one working day to the start of the next.
In addition to all this, it should be noted that:
- There are limits for workers under the age of 18, who may not work more than 8 hours of actual working time per day.
- Each activity may involve different arrangements, which take the form of special working days.
- Companies can make the necessary adjustments to support a healthy work-life balance.
- Stricter limits are also being introduced on night work and shift work.
What happens if you work more than 40 hours a week?
First and foremost, You should always check the collective agreement and check what the maximum working hours are. But it is clear that, if you work more than 40 hours a week and your employer is not paying you for overtime, nor is it compensating you for the extra hours worked with time off, you will be working excessive hours.
As regards overtime, our legislation is also very clear on this point. Article 35 of the Workers’ Statute states that Overtime is always voluntary and may not exceed 80 hours per year. There is one exception, which relates to the need to work overtime to repair urgent damage.
What happens if I have two jobs, each involving 40 hours a week?
The case of workers with multiple jobs deserves a special mention, because In Spain, there are no restrictions preventing a person from taking on a second job, with two contracts with two different companies, totalling 80 hours a week. In other words, two shifts of 8 hours each, making a total of 16 hours.
In this case, however, employees will have to inform both the Social Security authorities and their employers that they have two different jobs, since There is a cap on contributions. This ceiling is set at 4,139.40 euros, which is the maximum amount on which an employee can make Social Security contributions.
What happens if I work more than 50 hours a week?
As I mentioned at the start, the maximum working week in Spain is 40 hours. Therefore, unless the collective agreement states otherwise, if you work 50 hours a week, you will be working ten extra hours, which must be compensated for, either through payment of overtime or by taking time off in lieu.
In conclusion, Spanish legislation stipulates that no more than 40 hours per week should be worked. However, all the overtime worked (I have already stated that the maximum is 80 hours per year) it must be paid as overtime, financially or with breaks, within a maximum period of four months.
Be that as it may, you should always check the terms of the collective agreement and bear in mind that certain sectors, such as the hospitality and healthcare sectors, may operate under more irregular conditions.
