In Spain, the working day is regulated by the Workers’ Statute, approved through Royal Legislative Decree 2/2015 of October 23.
One of the most important regulations concerns the maximum duration of the working day, which is generally set at 40 hours per week.
However, it is important to note that there are exceptions and cases in which it is possible to work more than 40 hours per week in Spain, as long as certain requirements are met and workers’ rights are respected.
The issue of working hours or workday duration is regulated by the Workers’ Statute, specifically in Article 34. According to current legislation, the duration of the working day shall be that agreed upon in collective agreements or employment contracts and shall not exceed, at most, 40 hours per week of actual working time on average per year.
Thus, the most common arrangement is an 8-hour workday spread over five days a week — a regular distribution known as a full-time schedule — although there are human resource management models and job situations where more hours are worked because the schedule is distributed irregularly.
In this regard, current legislation establishes that the number of ordinary hours of effective work may not exceed 9 hours per day, "unless a collective agreement or, failing that, an agreement between the company and workers’ representatives establishes a different daily distribution of working time, always respecting the rest period between workdays" (Article 34 of the Workers’ Statute).
It also states that between workdays, employees must have a minimum of 12 consecutive hours of rest. These hours are counted from the end of one working day to the beginning of the next.
Additionally, it should be noted that:
First and foremost, you must always check the applicable collective agreement and verify the maximum working hours established. However, it is clear that if you work more than 40 hours per week and your company is not paying overtime or compensating extra hours with rest time, you are exceeding the legal limit.
Regarding overtime, Spanish law is also very clear. Article 35 of the Workers’ Statute states that overtime is always voluntary and cannot exceed 80 hours per year. There is one exception, which applies to cases of urgent damage repair.
The case of employees with multiple jobs deserves special mention because in Spain, there is no restriction preventing a person from having a second job, with two contracts at two different companies, totaling 80 hours per week — that is, two 8-hour shifts per day, adding up to 16 hours.
In this case, however, employees must notify both the Social Security system and the companies that they hold two jobs, since there is a contribution limit. This limit is set at €4,139.40, which is the maximum amount an employee can contribute to Social Security.
As mentioned earlier, the maximum working limit established in Spain is 40 hours per week. Therefore, if the collective agreement does not state otherwise, working 50 hours per week means performing ten additional hours, which must be compensated either through overtime pay or rest periods.
In conclusion, Spanish labor law establishes that no more than 40 hours per week should be worked. Nevertheless, all extra working time (as previously stated, a maximum of 80 hours per year) must be compensated as overtime, either financially or through rest periods, within a maximum period of four months.
In any case, it is always necessary to consult the collective agreement and understand that certain sectors, such as hospitality or healthcare, may operate with more irregular schedules.
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