- 1Spain: An attractive country for investment
- 2Setting up a business in Spain
- 3 Tax System
- 4 Investment aid and incentives in Spain
- 5 Labor and social security regulations
- 6 Intellectual property law
- 7Legal framework and tax implications of e-commerce in Spain
- AI Annex I Company and Commercial Law
- AIIAnnex II The Spanish financial system
- AIIIAnnex IIIAccounting and audit issues
- Material modifications to working conditions
- Termination of employment contracts
- Senior management contracts
- Contracts with temporary employment agencies
- Worker representation and collective bargaining
- Non-employment relationships
- Acquisition of a Spanish business
- Practical aspects to be considered when setting up a company in Spain
- Relocation of workers under a cross-border working arrangement within the EU and the EEA ("IMPATRIATES")
- Visas and work and residence permits
- Social security system
- Equality in the workplace
- Occupational risk prevention
2.4 Working hours
The following table summarizes the fundamental legislation governing working hours:
|Maximum working hours||The maximum working hours are those agreed in collective bargaining agreements or individual employment contracts (within the limits of the applicable collective bargaining agreements).
In general, the maximum working week is 40 hours of time actually worked, calculated on an annualized average basis, and the irregular distribution of working hours throughout the year may be agreed. In the absence of any agreement, the company may distribute 10% of the working hours on an uneven basis.
The company must guarantee the daily registration of the working day, without prejudice of the working time flexibility established, which must include the specific start and end time of each employee's working day, and these records must be kept for four years (they must be available to the workers, their legal representatives and the Inspection of Work and Social Security).
In addition, employees have the right to digital disconnection to guarantee the respect of their rest time, permits and vacations, as well as their personal and family privacy outside of the legal or conventionally established work time.
|Overtime||Overtime is time worked in excess of the maximum ordinary working hours. By collective bargaining agreement or, in the absence thereof, by individual contract, there shall be a choice between paying overtime at the amount established, which in no case may be less than the value of the ordinary hour, or compensating them with equivalent paid time off periods.
Paid overtime may not exceed 80 hours per year. The compensation with time off must be given within four months of the date on which the overtime was worked, unless otherwise agreed.
Overtime is generally voluntary.
|Rest periods / public holidays / vacation / paid leave||A minimum of one and a half days off per week is mandatory, which may be accumulated by periods of up to 14 days.
Official public holidays may not exceed 14 days per year.
Workers are entitled to a minimum vacation period of 30 calendar days, and cannot be paid in lieu of that period, save in case of termination of the contract with accrued and unused vacation.
Workers are entitled to paid leave in certain circumstances, such as marriage, performance of union duties, performance of unavoidable public or personal duties, breastfeeding, relocation of main residence, serious illness or accident, hospitalization or death of relatives up to the second degree of kinship o affinity, prenatal exams and birth preparation, etc.
|Reduction in working hours and right to adapt the duration and distribution of the working hours||Workers may be entitled to a reduction in their working hours in certain cases, for example: to directly care for children under 12 or family members by consanguinity or affinity up to the second degree, who cannot take care of themselves, and during the hospitalization and continuing treatment of a child in their care with cancer or any other serious illness that entails a long hospital stay and who requires direct, continuing and full-time care, until the individual reaches 23 years.
In addition, employees have the right to request adaptations of the duration and distribution of the working day, in the organization of working time and in the way they render their services, including the possibility of remote working, to make effective their rights to conciliation of family and work life. In the case that they have children, the right will exist until they reach 12 years.