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Working Hours and Leave

Regulations on working hours, overtime, holidays, and leave entitlements in Spain.

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Comprehensive Guide to Working Hours and Leave in Spain

Spain has a well-regulated labor system that balances employee rights with employer obligations. Below is a detailed guide to working hours, leave entitlements, and cultural norms related to employment in Spain.

1. Working Hours in Spain

National Regulations

  • Standard Working Hours: The maximum legal working hours in Spain are 40 hours per week, averaged over a reference period (usually one year). This is regulated by the Spanish Workers' Statute (Estatuto de los Trabajadores).
  • Daily Working Hours: Employees cannot work more than 9 hours per day, unless a collective agreement or individual contract specifies otherwise.
  • Breaks: Workers are entitled to a 15-minute break if their daily working hours exceed 6 hours. For employees under 18, the break must be at least 30 minutes if they work more than 4.5 hours.
  • Rest Periods: Employees are entitled to at least 12 consecutive hours of rest between working days and a minimum of 1.5 days of uninterrupted rest per week, typically including Sunday.

Typical Work Schedules

  • Standard Workday: Many businesses operate from 9:00 AM to 2:00 PM, followed by a break (siesta) and then resume from 4:00 PM to 7:00 PM. However, this traditional schedule is less common in larger cities and multinational companies, where continuous workdays (e.g., 9:00 AM to 5:00 PM) are more prevalent.
  • Part-Time Work: Part-time contracts are common, especially in sectors like retail and hospitality. Part-time employees work fewer hours than the standard 40-hour week, with proportional pay and benefits.

Overtime Rules

  • Limits: Overtime is capped at 80 hours per year, excluding hours compensated with equivalent time off.
  • Compensation: Overtime can be paid at a higher rate (as agreed in the employment contract or collective agreement) or compensated with additional time off.
  • Voluntary Nature: Overtime is generally voluntary unless specified in the employment contract or collective agreement.

2. Annual Leave Entitlements

National Regulations

  • Minimum Leave: Employees are entitled to 30 calendar days of paid annual leave per year, as stipulated by the Workers' Statute. This is equivalent to approximately 22 working days, excluding weekends.
  • Accrual: Leave is accrued proportionally throughout the year. For example, if an employee works for six months, they are entitled to half of their annual leave.
  • Usage: Annual leave must be taken within the calendar year or within a specified carryover period (if allowed by the employer or collective agreement). Unused leave cannot typically be compensated financially unless the employment contract ends.

Cultural Norms

  • Many Spaniards take extended vacations in August, when businesses (especially smaller ones) may close or operate on reduced hours. Planning leave during this period is common.

3. Public Holidays

National Regulations

  • Spain has 14 public holidays per year, including 8 national holidays that apply across the country. The remaining holidays are determined by regional and local governments.
  • If a public holiday falls on a Sunday, it may be moved to the following Monday, depending on the region.

Key National Holidays

  1. New Year’s Day (January 1)
  2. Epiphany (January 6)
  3. Good Friday (varies)
  4. Labor Day (May 1)
  5. Assumption of Mary (August 15)
  6. National Day of Spain (October 12)
  7. All Saints’ Day (November 1)
  8. Christmas Day (December 25)

4. Sick Leave

National Regulations

  • Eligibility: Employees are entitled to sick leave if they are unable to work due to illness or injury, as certified by a doctor.
  • Compensation:
    • The first 3 days of sick leave are unpaid unless otherwise specified in the employment contract or collective agreement.
    • From day 4 to day 20, employees receive 60% of their base salary, paid by the employer.
    • From day 21 onward, employees receive 75% of their base salary, paid by the Social Security system.
  • Duration: Sick leave can last up to 365 days, extendable by an additional 180 days if recovery is expected.

5. Maternity and Paternity Leave

Maternity Leave

  • Duration: Mothers are entitled to 16 weeks of paid maternity leave, which can be extended by 2 weeks for each additional child in cases of multiple births, adoption, or foster care.
  • Usage: The first 6 weeks must be taken immediately after childbirth. The remaining 10 weeks can be taken at any time within the first year after the child’s birth.
  • Compensation: Maternity leave is paid at 100% of the employee’s base salary, funded by the Social Security system.

Paternity Leave

  • Duration: Fathers (or the second parent) are entitled to 16 weeks of paid paternity leave, equal to maternity leave. This leave is non-transferable and must be taken within the first year after the child’s birth.
  • Compensation: Paternity leave is also paid at 100% of the employee’s base salary, funded by Social Security.

6. Other Types of Leave

Parental Leave

  • Parents can request unpaid parental leave to care for children under 12 years old. This leave can last up to 3 years per child and is job-protected, meaning the employee has the right to return to their position.

Bereavement Leave

  • Employees are entitled to 2 days of paid leave for the death of a close family member (e.g., spouse, parent, child). This can be extended to 4 days if travel is required.

Marriage Leave

  • Employees are entitled to 15 calendar days of paid leave for their wedding.

Relocation Leave

  • Employees may take 1 day of paid leave for moving to a new residence.

Unpaid Leave

  • Employees can request unpaid leave for personal reasons, subject to employer approval. The duration and conditions are typically outlined in the employment contract or collective agreement.

7. Cultural Norms and Expectations

  • Work-Life Balance: Spaniards value work-life balance, and it is common for employees to prioritize family and personal time. Employers are generally understanding of leave requests, especially for family-related matters.
  • Siesta Culture: While the traditional siesta (midday break) is less common in urban areas, it still influences work schedules in smaller towns and rural areas.
  • Vacation Planning: Employees are expected to plan their annual leave well in advance, especially during peak vacation months like August.

8. Costs and Procedures

Costs

  • Employers bear the cost of paid leave (e.g., annual leave, public holidays) as part of the employee’s salary.
  • Social Security contributions cover maternity, paternity, and long-term sick leave payments.

Standard Procedures

  1. Requesting Leave: Employees must formally request leave in writing, following the company’s internal procedures. For annual leave, this is often done at the beginning of the year.
  2. Medical Certification: For sick leave, employees must provide a doctor’s certificate to their employer within 3 days of the illness or injury.
  3. Social Security Claims: For maternity, paternity, or extended sick leave, employees must file a claim with the Instituto Nacional de la Seguridad Social (INSS).

By understanding these regulations and cultural norms, employees and employers in Spain can navigate working hours and leave entitlements effectively, ensuring compliance with national laws and fostering a positive work environment.