Working hours and leave rights

It is for anyone considering, planning or carrying out a move to Spain, whether you are job hunting or already have a contract. The rules come from the law plus the agreement that covers your sector, so what you get can be better than the legal minimum. Spanish habits such as split shifts and August holidays are covered too.

Start with "Working hours, overtime and mandatory time recording in Spain". It sets out the legal limits and what counts as overtime. From there, move on to the pages on split shifts and rest, annual leave, booking leave, short paid leave, flexible hours and the right to disconnect.

Public holidays, workplace schedule culture, birth leave benefits and sick pay are not covered here.

Key rules

• Weekly hours: Ordinary working time is at most 40 hours a week on average over the year, though your agreement or contract may set fewer.
• Overtime cap: Overtime is capped at 80 hours a year, and night workers and under-18s cannot do it.
• Schedule request: After your written request for a schedule change, the negotiation lasts at most 30 days, ending in acceptance, a counter-proposal or a reasoned refusal in writing.
• Annual leave: You get at least 30 calendar days of paid leave a year, or a proportional share if you worked less than a year.
• Daily rest: You must have at least 12 hours between the end of one working day and the start of the next.
• Time records: Your employer must record your daily start and end times and keep the records for four years.

Working hours and leave rights: the whole process, step by step

• Check your weekly hours, overtime and time records (read: Working hours, overtime and mandatory time recording in Spain): Before you start: ordinary work is at most 40 hours a week on average over the year, and overtime is capped at 80 hours a year

• Check rest breaks, split shifts and night work (read: Split shifts, night work and rest breaks (jornada partida)): Before you start: you need at least 12 hours between the end of one working day and the start of the next

• Work out how much annual leave you have (read: How many days of annual leave you get in Spain): Before you plan any leave: you get at least 30 calendar days a year, or a proportional share if you worked less than a year

• Agree your leave dates with your employer (read: Booking leave when employers refuse, shut down or limit carryover): At least two months before the leave starts, you must know your dates

• Bring an urgent claim to the labour court if leave dates are not agreed: Within 20 working days of learning the dates

• Claim short paid leave when an event happens (read: Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos)): Give notice as soon as you know, or as soon as possible for sudden events, and show proof afterwards; marriage gives 15 calendar days

• Send a written request to change your hours or schedule (read: Asking for flexible hours or a changed schedule (adaptación de jornada)): When you need a different schedule; the negotiation lasts at most 30 days

• Get the company's written answer: acceptance, counter-proposal or reasoned refusal: At the end of the 30 days of negotiation

• Challenge a refusal in the labour court if you disagree: Within 20 days of the company's decision or the end of the negotiation

Documents you may need

• Marriage or registered partnership certificate — Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos)
• Family book — Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos)
• Medical or hospital report — Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos)
• Death certificate — Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos)
• New registration at the town hall — Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos)
• Official summons — Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos)

Working hours and leave rights: questions that cross several articles

Did the cut to a 37.5-hour working week become law?

No, the cut to a 37.5-hour working week did not become law, because the Congress of Deputies rejected the bill in September 2025. The limit stays at 40 hours a week on average over the year.

Can my collective agreement give me less than the legal minimums?

No, a collective agreement (convenio) can improve the legal minimums but never go below them. It can give you fewer weekly hours, longer leave or longer paid short leave. Read How many days of annual leave you get in Spain and Paid short leave for weddings, deaths, moves and emergencies (permisos retribuidos) to compare.

If I fall ill during my holiday, can I lose leave days?

No, if sick leave begins before or during your holiday, you keep those days and can take them later, even after the year ends. You must give notice and prove the illness with a medical note. Read Booking leave when employers refuse, shut down or limit carryover for the time limits.

Can I carry unused leave into next year?

Not by choice, because leave must normally be taken in the calendar year it relates to. Exceptions cover illness or leave for birth, adoption or foster care, and some convenios allow more. Read Booking leave when employers refuse, shut down or limit carryover and How many days of annual leave you get in Spain.