Knowledge of employment law is crucial if you are already working in Spain or planning to find a job there. These laws ensure that you receive a fair wage, regulate working hours, promote better working conditions, prevent unlawful dismissal and much more. So, if you have any questions about this, read this guide, which covers the following: in companies with continuous production processes 24 hours a day, when organizing shiftwork, shift rotation is taken into account and no worker works at night for more than two consecutive weeks, except in the case of voluntary secondment. However, Spain receives high marks for work-life balance. In Spain, only 4% of employees work very long hours, more than the OECD average of 11%. Workers in Spain work around 1 686 hours a year, slightly less than the OECD average of 1 726 hours a year. […] It is true that the judgments initially supported employees in their request for a working day accommodation, but over time other judgments have issued legitimate commercial refusals for this type of request. In […] Spain is a diverse country that attracts many expats who are moving and looking for work. The good news is that it also has strong worker protections that ensure the safety, well-being and job security of workers. Contracts, working hours, paid holidays and salaries are just some of the highly regulated areas of Spanish employment. Use this guide to learn about the many levels of Spanish labor law, with sections that include: Spain hosts many international workers.
In 2021, foreign-born employment accounted for 21% of Spain`s total workforce. In addition to this legislative body, case law also plays an important role in labour law and becomes binding when the Supreme Court rules on the same issue in the same way in two cases. Recent developments in Spanish labour law include areas such as non-discrimination and equality, data protection laws and remote work rights in Spain. As a result, the government is looking for new public initiatives and measures. Many experts also argue that there is a need for a change in cultural attitudes. The authorities suggest that men, in particular, should be fully committed to caring for children and the elderly in order to achieve a satisfactory work-life balance. In addition to various legal frameworks for reconciling work and private life, there are plans to build more kindergartens and promote family-friendly work models in Spanish companies. In the absence of an agreement to this effect, it is assumed that overtime worked must be compensated by rest periods within 4 months of completion.
The compensatory rest period corresponds to the number of hours worked as overtime. The duration of these contracts may be of indefinite or limited duration. In both cases, they must always be made in writing, indicating the place where the services are provided and the length of the working day. The maximum number of overtime hours in Spain is 80 hours per year. If your employer wants you to work more than nine hours a day, you will usually have to accept overtime. However, you cannot work more than 80 hours of overtime per year. This does not apply to overtime compensated by rest periods or work performed to prevent or repair extraordinary and urgent damage. Overtime at night is illegal, with a few exceptions. Your employer may compensate you for your overtime with paid rest periods. Spain has also adopted new rules to ensure the well-being of employees when working remotely (Teletrabajo). For example, labour law now requires that workers have the right to privacy and that they can disconnect from their work activities outside working hours. Employees are also entitled to digital separation outside of working hours and on vacation.
In short, if you`re not on the watch, you usually have the right not to answer your phone, even if it`s your work phone and your emails or social media posts. Full-time work in Spain is based on a maximum of 40 hours per week, calculated on an annual basis. According to Spanish labour law, at least 12 hours must elapse between the end of one working day and the beginning of the next. Once you`ve worked six hours continuously per workday, you can take a 15-minute break. Working holidays are paid at the regular rate and are non-refundable and cannot exceed 14 per year, including two local holidays. Anything following up to 20 hours per week is classified as part-time work in Spain. If you meet pension and contribution obligations, you may be able to take partial retirement. You must reduce your working days by 25-50% and meet the remaining conditions for ordinary retirement. As an employee in Spain, you can benefit from an additional qualification or retraining. In Spain, there are state-funded vocational training courses for employees and the unemployed. The training is financed by Spanish social security contributions, the European Social Fund and the Spanish National Employment Service (Servicio Público de Empleo Estatal – SPEE). Each employee can benefit from 20 hours of free training per year.
An employee must work a maximum of 80 hours of overtime per year, which must be paid or paid with free time. The annual maximum does not apply to overtime to which the employee is required in urgent exceptional cases (for example, accidental damage). Overtime pay must be higher than regular hours of work. No formal approval is required for overtime. However, the company must record overtime and declare it in the employee`s pay slip. The works council must be informed – if available – on a monthly basis. Since 12 May 2019, Law 08/2019 on the recording of working hours for the recording of working hours and overtime is in force in Spain. If you are a British citizen and were legally resident in Spain before 1 January 2021, you will not need a work visa due to Brexit. British citizens who want to come to Spain to work after Brexit will need a work visa. Other exempted workers are academics and close relatives joining family members working in Spain. During the nine months following childbirth, the employee is entitled to 1 hour less per day without reduction of wages. The lesson can be taken in two separate 30-minute breaks.
Alternatively, the employee can shorten the workday by 30 minutes or accumulate the time as paid working days (about 15 days). This right is transferable to the working father. The usual working days for employees in Spain are Monday to Friday. Many employers take Friday afternoon off, with time offset by 8.5 hours Monday through Thursday. Generally not, but many employers take Friday afternoon off, working 8.5 hours Monday through Thursday to make up for lost time. Some employers are starting to offer more flexible work schedules and four-day weeks, but this is not the norm. Work performed between 10 p.m. and 6 a.m. is considered night work and gives entitlement to increased wages, the amount of which is determined by collective agreement. A night worker is a person who normally performs part of the night work during the night for at least three hours and who is considered to be the person who is expected to be able to perform during that period.