Split shifts, night work and rest breaks (jornada partida)

Key rules

• Daily rest: You must have at least 12 hours between the end of one working day and the start of the next.
• Weekly rest: You get at least a day and a half of uninterrupted rest each week, which can be accumulated over up to 14 days.
• Night work: Night workers average no more than 8 hours a day over 15 days and cannot work overtime.
• Moving hours: Your employer needs at least 5 days' notice to redistribute up to 10% of your annual hours, unless an agreement says otherwise.
• Lasting change: A permanent change to your contract schedule needs a justified reason and normally 15 days' notice.

Is a split shift legal?

Yes. A jornada partida has an unpaid gap in the middle of the day, usually a long lunch. It is lawful and common in many sectors. But your employer still has to respect the rest and break rules below. How long the gap is, and whether it counts as paid time, is set by your convenio or contract. The lunch gap is normally not paid.

Changing you from a continuous day to a split shift is a different matter. If you already have a contract, that can count as a lasting change to your conditions (see below).

Minimum rest

• Between working days: at least 12 hours must separate the end of one day and the start of the next. Some special regimes, such as certain shift, transport and agricultural work, have specific exceptions.
• Weekly: you are entitled to at least a day and a half of uninterrupted rest. It can be accumulated over up to 14 days. Workers under 18 get at least two days in a row.
• Break during the day: if you work more than 6 hours without stopping, you get a break of at least 15 minutes. For workers under 18 it is 30 minutes once the day exceeds 4.5 hours. The break is paid only if your convenio or contract says so.

Night work

Night work is between 10pm and 6am. You count as a night worker if you normally work at least three hours of your daily time at night, or a set share of your annual time.

• Night workers may not average more than 8 hours a day over a 15-day period, and cannot work overtime.
• Your employer must offer free health assessments before you start night work and regularly afterwards.
• If night work causes you health problems, you have the right to move to day work.
• Night work is paid with a supplement, unless your pay was set with night work in mind. Your convenio or contract sets the amount.
• Workers in hazardous jobs, minors and some special regimes have extra limits.

When can your employer change your hours?

There are two different situations. The decision below helps you tell which one applies to you.

Moving some hours around. Unless a collective agreement or an agreement with workers says otherwise, your employer may redistribute irregularly up to 10% of your annual working time. They must give you at least 5 days' notice of the affected hours, and the daily and weekly rest above still apply. A convenio or company agreement can set different rules.

A lasting change to your contract schedule. This is a substantial modification of working conditions. Your employer needs a justified economic, technical, organisational or production reason, and normally 15 days' notice. If the change harms you, you can accept it, challenge it in the labour court within 20 working days, or end your contract with compensation.

If your employer breaks these rules

Complain to the Inspección de Trabajo, or take the case to the labour court. Read your convenio first, since it often sets break length, pay and night supplements. The timeline and FAQ below cover notice periods and deadlines.

Choosing between options

Is your employer's schedule change allowed as a one-off redistribution or does it count as a lasting change?

• Irregular redistribution of hours: The change moves up to 10% of your annual working time, with at least 5 days' notice, and keeps the 12 hours between working days and your weekly rest.

• Lasting change to your schedule: The change alters the hours or schedule in your contract, such as moving from a continuous day to a split shift.

If the change is occasional and within the 10% of annual hours, it is a redistribution with 5 days' notice. If it permanently changes the schedule in your contract, the stricter lasting-change rules apply.

Timeline and deadlines

• Employer gives notice of hours moved under the 10% irregular distribution: at least 5 days before the affected time

• Employer notifies a lasting change to your contract schedule, with a justified reason: normally 15 days before it takes effect

• Check that night work averages no more than 8 hours per day: over each 15-day period

Frequently asked questions

Is my 15-minute break paid?

Your 15-minute break counts as paid working time only if your convenio (collective agreement) or contract says so. The break applies when your continuous working day is longer than 6 hours.

How many hours can a night worker work per day?

A night worker may not average more than 8 hours per day over a 15-day period. Night work is between 10pm and 6am. Night workers also get free health checks before starting and at regular intervals afterwards, and can ask to move to day work if night work harms their health.

How much notice must my employer give before changing my hours?

For the irregular redistribution of up to 10% of your annual hours, your employer must give you at least 5 days' notice of the affected time, unless your convenio sets different rules.

Can I challenge a lasting change to my schedule?

Yes, you can challenge a lasting schedule change in the labour court within 20 working days. If the change harms you, you can also accept it or end your contract with compensation. Complaints about rest or break breaches can also go to the Inspección de Trabajo, the labour inspectorate.