Working Hours, Overtime, and Leave Entitlements in Spain

Spain’s labor laws provide strong protections for employees when it comes to working time, overtime, and paid leave. Employers operating in Spain need to strictly comply with these standards to avoid penalties and disputes.

This article explains the standard working hours, legal limits on overtime, and the types of leave every employee is entitled to in Spain.

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🕐 1. Legal Working Hours in Spain

Under the Spanish Estatuto de los Trabajadores, the standard workweek is:

• 40 hours per week (full-time)

• 8 hours per day, unless modified by collective agreement

Additional requirements:

• At least 12 hours of rest between shifts

• At least 1.5 days of uninterrupted rest per week (typically Saturday afternoon + Sunday)

• Work time tracking is mandatory—employers must record the exact start and end of each workday

📌 Remote and part-time workers also require time tracking under the same law.

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⏳ 2. Part-Time & Flexible Working Hours

Part-time contracts must:

• Clearly define weekly or monthly hours

• Never exceed the limits set for full-time workers on a pro-rata basis

• Provide proportional benefits (e.g., holidays, bonuses)

Spain also supports flexible working arrangements, such as:

• Compressed schedules

• Remote/hybrid formats

• “Jornada intensiva” (shorter workdays in summer)

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💸 3. Overtime Rules in Spain

Spanish labor law restricts and regulates overtime strictly.

Main points:

• Max 80 hours of overtime per year (excluding emergencies)

• Voluntary, unless agreed in contract or collective agreement

• Overtime must be compensated either:

  • In cash (at a higher rate, often 125–150%)

  • With equivalent rest time

Some industries, such as health and hospitality, allow exceptions, but always under a formal agreement.

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🏖️ 4. Paid Annual Leave

Employees are entitled to:

• 30 calendar days of paid vacation per year

  • Usually taken as 22 business days

• Cannot be replaced with monetary compensation (unless contract ends)

• Must be taken within the year, unless postponed by agreement

Employers must schedule holidays with at least 2 months’ notice, and based on mutual agreement.

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📅 5. Public Holidays in Spain

Spain has 14 paid public holidays annually:

• 8 national holidays

• 4 regional holidays

• 2 local holidays

Employees are not required to work on these days, unless their contract or industry specifically allows it (e.g., emergency services, hospitality).

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🤰 6. Maternity, Paternity & Family Leave

Spain offers generous leave entitlements for family-related events:

👶 These leaves are Social Security–funded and don’t cost the employer directly.

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🏥 7. Sick Leave & Temporary Disability

Employees can take sick leave (baja médica) with:

• A doctor’s certificate (issued by public or private health provider)

• Social Security coverage:

  • First 3 days: unpaid (unless covered by company policy)

  • Day 4 to 20: 60% of base salary

  • Day 21+: 75% of base salary

Employers must notify authorities and may top up the benefits by agreement.

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📆 8. Special Leaves & Time Off

Other types of legally protected leave include:

• Moving house: 1 paid day

• Jury duty or public duties: Paid leave

• Exams and academic leave (for employed students)

• Medical appointments (not always paid—check collective agreement)

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📋 9. Time Tracking Obligations

All employers must:

• Maintain daily records of hours worked

• Have employees sign or digitally confirm their hours

• Keep records for 4 years

• Be ready for labor inspections

📌 Fines for non-compliance range from €626 to €6,250.

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⚖️ 10. Get Help Complying with Labor Time Regulations

Managing work hours and leave rights can be complex—especially across regions or in remote setups.

At Borderless Lawyers, we help businesses:

• Create compliant work schedules

• Implement time-tracking systems

• Handle vacation disputes and sick leave policies

• Align with local collective agreements