Many workers in Spain reach the end of the week having worked more than 40 hours without really knowing whether that’s legal, whether they’re entitled to be paid for those hours, or what their company can do about it. The answer isn’t as simple as a yes or a no: It depends on the type of contract, the collective bargaining agreement, the reason for working those extra hours, and how the workday is calculated. This article clears up those doubts based on the provisions of current Spanish law.
What does the law say?
The article Section 34.1 of the Workers' Statute It sets the maximum regular workweek at an average of 40 hours of actual work per week, calculated on an annual basis. This is the starting point under the law. In addition, there are other limits that complete the regulatory framework: the maximum daily working time is 9 hours of actual work, the minimum rest period between workdays is 12 hours, and if a continuous workday exceeds 6 hours, the employee is entitled to a minimum rest break of 15 minutes.
An important point: The maximum number of working hours is calculated as an annual average, not on a week-by-week basis. This means that a company can alternate between weeks with a heavier workload and weeks with a lighter one, as long as the average over the course of the year does not exceed 40 hours. It is also important to note that collective bargaining agreements may improve these conditions, but never worsen them.
So, is it possible to work more than 40 hours a week?
Yes, but only in certain cases provided for by law and under specific conditions. Working more than 40 hours per week is not illegal in and of itself, but it must fall under one of the cases provided for by the regulations.
| Assumption | Legal Notice | Limit | Does this require approval? |
|---|---|---|---|
| Overtime | A workweek averaging more than 40 hours. These are voluntary hours unless otherwise agreed upon. | Max. 80 hours/year (Art. 35.2 of the Labor Code) | As per the agreement |
| Irregular Work Schedule | Weeks with a higher workload are offset by weeks with a lower workload, maintaining the annual average. | Up to 10% for the day may be distributed irregularly | Yes, by collective bargaining agreement or agreement |
| Special Sessions (RD 1561/1995) | Sectors such as transportation, healthcare, hospitality, retail, and agriculture may have their own regulations. | Varies by sector | Specific Regulations |
| Hours of Force Majeure | To prevent or repair accidents or other urgent and extraordinary damage. | No annual limit, but they do not count as overtime | No prior agreement is required |
| Multiple Jobs | Two simultaneous contracts without an exclusivity clause, while observing minimum rest periods. | Each contract is evaluated on a case-by-case basis; the 12-hour rest period between workdays must be observed | No exclusivity agreement |
What is the legal maximum number of weekly hours?
| Limit | Legal validity | Regulatory Reference |
|---|---|---|
| Standard Maximum Weekly Work Hours | 40 hoursannual average | Art. 34.1 of the Labor Code |
| Maximum Daily Hours | 9 hoursunless otherwise provided in a contract or agreement | Art. 34.3 of the Labor Code |
| Minimum rest period between workdays | 12 hoursbetween the end of one day and the start of the next | Art. 34.3 of the Labor Code |
| Minimum weekly rest period | 1.5 daysuninterrupted; can be accumulated in 14-day periods | Art. 37.1 of the Labor Code |
| Minimum break during a continuous workday | 15 minutesif the continuous workday exceeds 6 hours (30 minutes for those under 18) | Art. 34.4 of the Labor Code |
| Maximum number of overtime hours per year | 80 hoursThose compensated with time off or due to force majeure are not counted | Art. 35.2 of the Labor Code |
| Maximum working hours for those under 18 | 8 hours/dayincluding training time; excluding overtime | Art. 34.3 of the Labor Code |
| Estimated Annual Calculation | 1,826 hoursthe result of 40 hours × 52 weeks, minus holidays and vacation time | General Reference |
Is it possible to have two 40-hour contracts in Spain?
Technically, it is not prohibited to hold two jobs at the same time In Spain, unless the contract includes an exclusivity clause or the collective bargaining agreement restricts it. However, there is an important practical limitation: the maximum legal workday applies individually to each employment relationship, but the total number of hours worked across both jobs cannot violate the mandatory minimum rest periods between workdays (12 hours) or the weekly rest period (one and a half uninterrupted days).
Conditions for Holding Multiple Jobs
In order for the For moonlighting to be legal, several conditions must be met: that neither contract includes a non-compete or exclusivity clause, and that the minimum breaks established by the Workers' Statute, and that the employee is not on temporary disability leave or has not been granted a reduction in working hours. In practice, working two full 40-hour workweeks is practically impossible if mandatory breaks are observed.
Is it possible to work more than the legal limit allows?
Systematically working beyond legal limits has direct consequences for both the company and the employee. Since 2019, all companies have been required to keep a daily record of working hours that includes the start and end times of work, making it easier to document and file claims for overtime.
Consequences for the Company and the Employee
For the company, failure to comply with working hour regulations may result in penalties imposed by the Labor Inspectorate, ranging from 751 euros to more than 187,515 euros in the most serious cases. For an employee, failure to receive adequate compensation for overtime worked may serve as grounds for a legal claim. In both cases, the time log is the key piece of evidence: both to prove the overtime and to demonstrate compliance.
ReferencesReferences
- Workers' Statute (RDL 2/2015), Article 34. Workday.
- Workers' Statute (RDL 2/2015), Article 35. Overtime.
- Royal Decree 1561/1995, dated September 21, on special work schedules.
- Law on Social Order Violations and Penalties (LISOS), Royal Legislative Decree 5/2000.
Frequently Asked Questions
How many hours a month do people work in Spain?
With a maximum workweek of 40 hours, the approximate annual total is 1,826 hours. Divided by 12 months, this averages out to about 152 hours per month, although the actual distribution depends on the collective bargaining agreement and the work schedule agreed upon by each company.
Is it possible to work 60 hours a week at two companies?
From a strictly legal standpoint, it is not prohibited as long as the minimum rest periods between workdays (12 hours) and the weekly rest period (one and a half days) are observed. In practice, working 60 hours a week split between two jobs would leave very little leeway to comply with these mandatory rest periods, so in most cases it would be incompatible with the regulations.
Is there a maximum number of hours worked per day?
Yes. The Workers' Statute sets a maximum of 9 hours of actual work per day, unless a collective bargaining agreement or an agreement between the employer and employee representatives establishes a different schedule, provided that the minimum 12-hour rest period between workdays is always observed.
Is overtime mandatory for employees?
Generally speaking, no. The Statute provides that overtime is voluntary, unless a collective bargaining agreement or individual contract has stipulated that it is mandatory in certain situations. The only exception is work performed under circumstances of force majeure, which the company may require to prevent or repair urgent damage.
