Working hours and overtime in Spain

Overview

Spain sets a legal maximum on ordinary working hours and requires employers to log daily working time for every employee. Overtime is allowed but capped, and must be paid or compensated with time off.

Requirements

• Applies to all employees, regardless of nationality or contract type
• The maximum ordinary working week is 40 hours on average over the year, though your convenio colectivo may set a lower figure

Step-by-step process

• Check your convenio colectivo for your sector's actual working-hours limit — many are below the 40-hour legal maximum
• Confirm your employer keeps a daily time-recording (registro horario) system, required by law since 2019
• Track any overtime (horas extraordinarias) worked — legally capped at 80 hours per year, with limited exceptions
• Confirm with your employer whether overtime is paid at a premium rate or compensated with equivalent time off, as agreed in your contract or convenio

Required documents

• Your employment contract, stating agreed working hours
• Your own record of hours worked, useful if a dispute arises

Common mistakes

• Not realising your employer is legally required to log your daily hours — ask to see your registro horario if you suspect unpaid overtime
• Assuming unpaid 'extra' hours are simply part of the job — overtime beyond the legal cap, or unpaid altogether, can be challenged

Practical tips

• Keep your own informal log of hours worked, especially in your first months, in case your employer's records are ever disputed
• A minimum daily rest of 12 hours between shifts, and a minimum weekly rest of 1.5 days, apply to nearly all employees

How Tuchati can help

If you think you're working more than your contract or convenio allows without proper compensation, Tuchati can help you understand what to raise and with whom.