The legal limit: 40 hours annual average
Article 34 of the Workers' Statute sets the maximum working time: 40 hours per week on average over the year. This allows longer weeks during peak season if they are compensated later, provided the annual average does not exceed 40.
The reduction to 37.5 hours without a pay cut is still being processed as of the date of this guide. Until it is approved, the limit in force is 40 hours, and this is how the courts and the Labour Inspectorate apply it.
Irregular distribution: 10% of working time
Unless otherwise agreed, the company may distribute up to 10% of annual working time irregularly: concentrating hours in some weeks and reducing them in others. The worker must be informed of the day and time with at least 5 days' notice.
The collective agreement may extend that 10% or establish pools of hours. This is the usual tool for campaigns without resorting to overtime, because irregular time is paid as normal working time.
Breaks: 12 hours between shifts and a day and a half per week
At least 12 hours must elapse between the end of one shift and the start of the next. Within the working day, the break is 15 minutes when the continuous shift exceeds 6 hours, and 30 minutes for minors.
The weekly rest is one and a half uninterrupted days, which may be accumulated over periods of up to 14 days. National and regional public holidays are added to that calendar and are not deducted from pay.
Overtime: 80 hours per year
The legal limit for overtime is 80 hours per year, in addition to hours worked due to force majeure. They are paid with the premium set by the collective agreement or compensated with equivalent rest within the following four months.
They cannot be assigned to minors, must be recorded and cannot become standard practice: exceeding the 80-hour cap is a very serious infringement with severe fines for each worker affected.
Night work: 8 hours on average over 15 days
The night period runs from 22:00 to 6:00. Night workers' working time cannot exceed 8 hours on average over a 15-day reference period, and they are entitled to specific pay or an equivalent reduction in their working time.
Shift work and night hours also require a schedule that respects those average limits, not just the daily cap. It is one of the first points the Labour Inspectorate reviews in companies with continuous activity.
Part-time work and working time records
Part-time contracts prohibit overtime and set their own rules for complementary hours in permanent contracts, limited to 30% of ordinary working time and extendable by collective agreement up to 60%.
Since Royal Decree-Law 8/2019, every company must record its employees' working time day by day and keep the records for four years. The record can be on paper, a spreadsheet or a digital system: automatic digital clock-in is still not mandatory, but the absence of records is already subject to penalties.
