Part-time contracts and extra hours (horas complementarias)

Terms used

• Horas complementarias — Horas complementarias are extra hours a part-time worker does beyond the hours agreed in the contract.
• Pacto — The pacto is the written agreement in which you accept to work horas complementarias, stating how many.
• Convenio — The convenio is the collective agreement for your sector or company, which can set pay, hours and vacation.
• Pluriempleo — Pluriempleo means holding two or more jobs at the same time.

Key rules

• Written hours: A part-time contract without stated hours is presumed full-time.
• Extra hours: Extra hours need an indefinite contract and a signed pacto.
• Notice: Your employer must give you at least 3 days' notice of extra hours.
• Vacation: Part-time work does not reduce your vacation days.
• Two jobs: Holding two jobs is generally lawful, but rest limits apply to each job.

What a part-time contract must say

Your part-time contract must be in writing. It must state your ordinary hours per day, week, month or year, and how they are spread across the period. If it does not, you are presumed to be full-time unless your employer proves otherwise.

Your employer must also record your hours day by day and total them each month. You get a copy with your payslip. If this is not done, the same full-time presumption applies, and the employer can face penalties.

Extra hours (horas complementarias)

Horas complementarias are extra hours on top of your agreed part-time hours. They are allowed only if both of these are true:

• Your contract is indefinite.
• You have signed a written agreement (pacto) that states the number of extra hours. You can sign it when you start or later.

The usual cap is 30% of your agreed ordinary hours. A collective agreement (convenio) can raise it to 60%, so check yours. Your employer must give you at least 3 days' notice of the hours they want you to work.

Separately, your employer can offer extra hours that you may accept or decline freely. These are capped at 15%.

When you can say no

You can refuse horas complementarias if:

• You have no signed pacto.
• The pacto has been in force for a year. You then need to give 7 days' notice of your refusal.
• The hours clash with family duties, training or another incompatible commitment.

Your rights compared with full-time staff

You have the same rights as a comparable full-time worker. Pay and benefits are proportional to your hours, unless your convenio says otherwise. Vacation is not reduced: you get the same number of days, 30 calendar days or whatever your convenio sets. Social Security benefits depend on what you have paid in, and recent reforms have improved how part-time contribution periods count toward pensions.

Working two jobs

Holding two jobs (pluriempleo) is generally lawful. Check these limits:

• An exclusivity clause in either contract.
• Unfair competition with either employer.
• Rest limits, which apply to each job: 12 hours between workdays, and the ordinary weekly hours cap.
• Public-sector jobs, which have incompatibility rules. Ask the employer's HR office before you take a second job.

Each employer registers you with Social Security separately. Contributions are paid for each job, up to an overall maximum contribution base.

The checklist, documents and warnings below cover what to ask for and what to watch out for.

Timeline and deadlines

• Your employer gives you notice of the extra hours they want you to work: at least 3 days before the extra hours

• You can refuse extra hours after the agreement has been in force for a year: with 7 days' notice, once the agreement has run for a year

• Take your vacation, which is not reduced for part-time hours: 30 calendar days a year, or the number in your collective agreement

Documents you need

• Written part-time contract from your employer, stating your ordinary hours per day, week, month or year and how they are distributed.

• Written agreement (pacto) for extra hours, if your employer wants you to work horas complementarias. It must state the number of hours and can be signed at the start or later.

• Payslip with a copy of your recorded hours, which your employer gives you day by day and totalled monthly.

What to watch out for

• Contract without hours is treated as full-time: If your part-time contract is not in writing or does not state your hours and how they are distributed, you are presumed to be full-time unless the employer proves otherwise. The same presumption applies if your hours are not recorded, and penalties are possible. Ask for a written contract with your hours per day, week, month or year, and ask for the monthly hours record with your payslip.

• Extra hours without a signed agreement: Complementary hours are only allowed on indefinite contracts with a written agreement stating the number of hours. Without one, you can refuse them. Do not accept extra hours verbally. Ask for the agreement in writing and check the number of hours before signing.

• Extra hours above the cap: Extra hours are capped at 30% of your agreed ordinary hours, or up to 60% if your collective agreement allows it. Keep a note of the extra hours you work and compare them with your cap. If you go over, raise it with your employer in writing.

Frequently asked questions

Can I refuse to work extra hours on a part-time contract?

Yes, you can refuse extra hours (horas complementarias) if you never signed a written agreement for them. You can also refuse after the agreement has been in force for a year, giving 7 days' notice, or for family, training or other incompatible reasons.

How many extra hours can my employer ask for on a part-time contract?

Your employer can ask for up to 30% of your agreed ordinary hours as complementary hours, and a collective agreement may raise this to 60%. They must give you at least 3 days' notice. A voluntary extra offer of up to 15% can also be made.

Can I work two jobs at the same time in Spain?

Yes, holding two jobs (pluriempleo) is generally lawful in Spain, unless you signed an exclusivity agreement or the second job competes unfairly with the first. Daily and weekly rest limits, including 12 hours between workdays, apply to each job.

Do I get fewer vacation days on a part-time contract?

No, your vacation is not reduced for fewer hours: it is the same 30 calendar days, or whatever your collective agreement says.