Hours, records and rest
Check actual hours, how they are recorded and how extra time is compensated.
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What to keep in mind
- 40 hours is the general maximum annual weekly average.
- Records must reflect what actually happens.
- For part-time work, check complementary hours.
General guidance for employees in Spain. The collective agreement, employment relationship and circumstances can change the answer. Seek employment advice for a specific dispute or deadline.
Three kinds of time to distinguish
Working time is how much you work; the schedule is how it is distributed; rest is protected time within or between shifts. Split, night or variable shifts need their specific rules checked, not just hours added up.
Between shifts
General minimum of 12 hours. Some activities have legal exceptions: a different rule needs an applicable basis.
During a shift
For a continuous shift longer than 6 hours, the general minimum break is 15 minutes. Whether it is paid depends on the agreement or contract.
Weekly rest
General minimum of one and a half uninterrupted days, accumulable over up to 14 days. Under-18s: at least two consecutive days.
General rules and agreements
The general ordinary-hours maximum is an annual average of 40 hours per week; agreements may set fewer. The general daily rest rule is 12 hours. Continuous work over six hours includes a minimum 15-minute break, counted as working time where the agreement or contract provides this. Specific rules apply to minors and some work.
Record what happens
Daily records must include start and finish times. Check they reflect actual work and keep communications and schedules without other people’s data. Do not sign blank or unclear records.
Overtime and complementary hours
Overtime is paid at least at the ordinary hourly rate or compensated with rest under applicable rules. It is voluntary unless agreed in a collective agreement or contract within legal limits, or in special cases. The general annual limit is 80 hours with legal exclusions, including time compensated by rest within four months. Part-time complementary hours follow different rules.
Explore a worked example
Someone finishes at 23:00 and is asked to return at 07:00 the next day.
How to interpret it
There are 8 hours between shifts: less than the general 12-hour rule. A correct weekly total does not resolve that difference.
A useful next step
Keep schedules and ask whether an applicable exception exists and how rest must be compensated.
My preparation checklist
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