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Spain - Working time - 2011


LAST UPDATE

21 November 2011
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SOURCES


Name of Act

Royal Decree No. 1/1995 enacting the Worker´s Charter, of 24 March 1995 as amended up to Law 35/2010 of 17 September of urgent measures to reform the labour market (Real Decreto Legislativo 1/95 de 24 de marzo 1995, Boletín Oficial del Estado No. 75/1995, 29 marzo 1995, Texto refundido de la Ley del Estatuto de los Trabajadores con las normas modificadoras de la Ley 35/2010, de 17 de septiembre, de medidas urgentes para la reforma del mercado de trabajo).
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Name of Act

Royal Decree n.1561/1995 on Special Working Days (Real Decreto 1561/1995 de 21 de Septiembre de 1995, sobre jornadas especiales de trabajo) of 21 September 1995 as amended up to Royal Decree n. 1579/2008 of 26 September 2008

Name of Act

Act n.31/1995 on Occupational Hazard Prevention, (Ley 31/1995, de 8 de noviembre, de Prevención de Riesgos Laborales, modificada por ley 39/1999, de 5 de noviembre, para promover la conciliación de la vida familiar y laboral de las personas trabajadoras) of 8 November 1995 as amended up to Act n. 39/1999 to promote reconciliation of work and family life of working people.

Name of Act

Royal-Decree 1620-2011 regulating the special labour relation of domestic workers, of 14 November 2011.

LEGAL DEFINITIONS


Employee/worker

Shall mean any person who voluntarily renders services for remuneration under the organization and direction of another physical or legal person known as an employer or businessman.
Royal Decree No. 1 enacting the Worker’s Charter Art.1(1)

Employer

Shall mean any physical or legal person or entity which receives services from an employee.
Royal Decree No. 1 enacting the Worker’s Charter Art.1(2)

Overtime/overtime work

Overtime shall be all hours performed exceeding the ordinary limits for a working day.
Royal Decree No. 1 enacting the Worker’s Charter Art.35(1)

Part-time work(er)

When the hours of work agreed upon in the contract for a day, a week, a month or a year are less than the hours of work of a comparable full-time worker, that contract will be considered a part-time work contract.
Royal Decree No. 1 enacting the Worker’s Charter Art.12(1)

Night work(er)

Night work is work performed between 10p.m. and 6a.m. It is considered night worker, the worker who performs work during at least three hours during the night period or one third of its working day.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(1)

Shift work(er)

Shift work is considered any form of organization of teamwork whereby workers successively occupy the same jobs, according to a certain rhythm, continuous or discontinuous, due to the need for the worker to provide services at different times or in the case of services who work 24 hours per day.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(3)

NORMAL HOURS LIMITS


Daily hours limit


General limit

9 hours of work per day maximum.
Royal Decree No. 1 enacting the Worker’s Charter Art.34(3)
Historical data (year indicates year of data collection)
  • 2009: 9 hours of work per day maximum.
  • 2007: 9 hours

Exceptions

A higher limit can be introduced by collective agreements, or agreements between the employer and worker’s representatives, always respecting the rest periods.

Government after the proposal of the Minister of Labor and Social Affairs and after consultation with trade unions and employers’ representatives, may establish limitations or extensions to these limits, for those sectors and jobs which have special characteristics and require more or less hours of work.
Royal Decree No. 1 enacting the Worker’s Charter Art.34(3)(7)

Special categories


» Night work

8 hours on average over a 15 day period
Royal Decree No. 1 enacting the Worker’s Charter Art.36(1)
Royal Decree n.1561/1995 on Special Working Days Art.32(1)

» Young workers

8 hours including any training periods (under 18 years)

Where young workers are employed by more than one employer, the total hours are included in this limit.
Royal Decree No. 1 enacting the Worker’s Charter Art.34(3)

» Agricultural workers

Working time is established in colective agreements or in local costumes, except when it is incompatible with the special nature and organization of work on the farm.
Royal Decree n.1561/1995 on Special Working Days Art.5(1)

» Domestic work

Domestic workers are entitled to enjoy a daily rest of 12 hours.
However domestic workers that live in the household may have a shorter daily rest of 10 hours.
Royal-Decree 1620-2011 Art.9.4

Weekly hours limit


General limit

40 hours
Royal Decree No. 1 enacting the Worker’s Charter Art.34(1)
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2007: 40 hours
  • 1995: 40 hours, when annually averaged.

Reference period(s)

The 40 hour limit is an average over a 1 year period.

Collective agreements or, where there are none, agreements between the employer and representatives of the workers, can establish an irregular distribution of working hours across the year. These arrangements must respect the legal minimum daily and weekly rest periods.
Royal Decree No. 1 enacting the Worker’s Charter Art.34(2)

Exceptions

Government after the proposal of the Minister of Labor and Social Affairs and after consultation with trade unions and employers’representatives, may establish limitations or extensions to these limits, for those sectors and jobs which have special characteristics and require more or less hours of work.
Royal Decree No. 1 enacting the Worker’s Charter Art.34(7)

Special categories


» Agricultural workers

When seasonal circumstances determine the need for more work or concentrate on certain dates or periods, the time may be extended up to twenty hours a week
Royal Decree n.1561/1995 on Special Working Days §5(2)

» Domestic work

The hours of ordinary work shall not exceed 40 hours of per week, independently to the time of presence, for which the worker remains at the disposal of the employer, that may be agreed between the parties.

The time of presence shall be remunerated as agreed between the parties, at a rate not lower than those for overtime work, and cannot exceed the average of 20 hours per week.
Royal-Decree 1620-2011 Art.9.1

OVERTIME WORK


Criteria for overtime


General

Overtime work is work performed in addition to the daily working hours.
Royal Decree No. 1 enacting the Worker’s Charter Art.35(1)

Limits on overtime hours


General limits

80 hours per year
Royal Decree No. 1 enacting the Worker’s Charter Art.35(2)
Historical data (year indicates year of data collection)
  • 2009: 80 hours per year
  • 2007: 80 hours per year
  • 1995: 80 hours per year.

Compensation for overtime work


Compensatory rest

Collective agreements or individual contracts shall determine if the overtime will be paid, in no case at a lower rate of the ordinary working hours, or compensated with time off. If there is no agreement stipulating anything else, overtime will be compensated with equivalent rest periods within hte following four months the overtime was worked.
Royal Decree No. 1 enacting the Worker’s Charter Art.35(1)

Compensation procedure

Collective agreements or individual contracts shall determine the compensation procedure.
Royal Decree No. 1 enacting the Worker’s Charter Art.35(1)

Special categories


Domestic work

The provisions of overtime work provided by the Royal Decree No. 1 enacting the Worker’s Charter, shall apply to domestic workers.
Royal-Decree 1620-2011 Art.9.3

Part-time work

15% of the normal hours specified in the contract of employment.

Collective agreements can authorize a higher limit, to a maximum of 60% of normal hours.

In any case, the total hours worked cannot exceed the normal hours of full-time workers and the rules on rest periods must be respected.
Royal Decree No. 1 enacting the Worker’s Charter Art.12, art.12(5.f)

Night work

Overtime is prohibited for night workers.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(1)

SCHEDULES


Special categories

In case of domestic work, the schedules of working hours shall be agreed between the worker and the employer.
Once the daily hours of worked have been performed, and the time of presence, if agreed, the worker is not obligated to stay in the household.
Royal-Decree 1620-2011 Art.9.1

REST PERIODS


Rest breaks


General provisions

Minimum 15 minutes of rest (when the working day exceeds six hours).
Royal Decree No. 1 enacting the Worker’s Charter Art.34(4)
Historical data (year indicates year of data collection)
  • 2009: Minumum 15 minutes of rest (when the working day exceeds six hours).
  • 2007: 15 minutes minimum (when the working day exceeds six hours, rest)
  • 1995: 15 minutes after 6 hours.

Special categories


» Young workers

30 minutes minimum, (young workers under 18 years of age) when the working day exceeds 4 hours and a half (consecutive).
Royal Decree No. 1 enacting the Worker’s Charter Art.34(4)

» Domestic work

Domestic workers who live in the household are entitled to enjoy a break of at least 2 hours per day for the meals, time which is not considered as working time.
Royal-Decree 1620-2011 Art.9.4

Daily rest periods


Duration

12 hours
Royal Decree No. 1 enacting the Worker’s Charter Art.34(3)
Historical data (year indicates year of data collection)
  • 2009: 12 hours
  • 2007: 12 hours
  • 1995: 12 hours of uninterrupted periods.

Weekly rest periods


Duration


» General

Workers are entitled to one and a half day.
Royal Decree No. 1 enacting the Worker’s Charter Art.37(1)
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to one and a half day.
  • 2007: 1 and a half days
  • 1995: 1,5 consecutive days.

» Exceptions

The weekly rest period can be cumulated over a 2 week period.

Government after the proposal of the Minister of Labor and Social Affairs and after consultation with trade unions and employers’representatives, may establish limitations or extensions to these limits, for those sectors and jobs which have special characteristics and require more or less hours of work.
Royal Decree No. 1 enacting the Worker’s Charter Art.37(1), art.34(7)

Day specified


» General

Saturday afternoon and Sunday or Monday morning.
Royal Decree No. 1 enacting the Worker’s Charter Art.37(1)

Special categories


» Young workers

Young Workers are entitled to two consecutive days of weekly rest.
Royal Decree No. 1 enacting the Worker’s Charter Art.37(1)

» Domestic workers

Domestic workers are entitled to enjoy a weekly rest period of at least 36 consecutive hours, which normally correspond to the afternoon of the saturday or the morning of the monday and the whole sunday.
Royal-Decree 1620-2011 Art.9.5

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

The length of the annual leave with pay shall be determined by collective agreement or contract. In no case, shall the annual leave with pay be less then 30 days.
Royal Decree No. 1 enacting the Worker’s Charter Art.38(1)
Historical data (year indicates year of data collection)
  • 2009: The length of the annual leave with pay shall be determined by collective agreement or contract. In no case, shall the annual leave with pay be less then 30 days.
  • 2007: The length of the annual leave with pay shall be determined by collective agreement or contract. In no case, shall the annual leave with pay be less then 30 days. The length of the annual leave with pay shall be determined by collective agreement or contract. In no case, shall the annual leave with pay be less then 30 days.
  • 1995: 30 calendar days.

Schedule and splitting

The period of leave is fixed by agreement between employer and employee, in accordance with the colective agreement’s annual leave planning.
Royal Decree No. 1 enacting the Worker’s Charter Art.38(2)

Work during annual leave

Annual leave is paid and cannot be renounced for compensation.
Royal Decree No. 1 enacting the Worker’s Charter Art.38(1)

Special categories


» Domestic work

Domestic workers are entitled to enjoy an annual leave with a total duration of 30 calendar days, that may be split in two or more periods, provided that at one of them shall have a duration of at least 15 consecutive calendar days.
Royal-Decree 1620-2011 Art.9.7

PUBLIC HOLIDAYS


Number and dates

Public holidays shall not exceed 14 a year, of which two will be local holidays (National public holidays are: Christma’s Day, New Year, 1st May (Worker’s Day), 12 October (Spanish National Day)
Royal Decree No. 1 enacting the Worker’s Charter Art.37(2)

Work on Public Holidays


» Compensation

Public holidays will be remunerated.
Royal Decree No. 1 enacting the Worker’s Charter Art.37(2)

EMERGENCY FAMILY LEAVE

Workers are entitled to paid leave for family reasons (marriage; pre-natal examinations; birth; death, accident or serious illness of family members; moving house).
(1) marriage - 15 days
(2) birth; death, accident or serious illness of a family member - 2 days or 4 days if travelling is involved.
(3) moving house - 1 day
(4) prenatal examinations - the time needed.
Royal Decree No. 1 enacting the Worker’s Charter Art.37(3,a,b,c,d)

PART-TIME WORK


Right to equal treatment


Right/scope

Part-time workers are entitled to the same rights as full time workers.
Royal Decree No. 1 enacting the Worker’s Charter Art.12

NIGHT WORK


NIGHT WORK


Criteria for night work

Night work is work performed between 10p.m. and 6a.m.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(1)

Limits


Daily hours limit

Workers cannot perform more than 8 hours during night on a period of 15 days.

Government after the proposal of the Minister of Labor and Social Affairs and after consultation with trade unions and employers’ representatives, may establish limitations or extensions to these limits, for those sectors and jobs which have special characteristics and require more or less hours of work.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(1), art.34(7)

Compensation

Night work has a compensation fixed in the collective agreement unless the salary is established considering that the work is night work or rest time has been agreed as compensation.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(2)

Workers' health

Night workers are entitled to a health assessment before they start night work and subsquently at periodic intervals. The safety and health of night workers must be protected to the extent required by the nature of the work.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(4)

Transfers

Night workers with health problems related to the fact that they are performing night work are entitled to be transferred to another post during the day work. They have to be professionally qualified.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(4)

Special categories


Pregnant workers/recent birth

The working conditions and hours of work, including night work, of pregnant women and women who have recently given birth must be so adjusted that they do not affect the health of expectant or nursing mothers. If such measures of adaptation are not adequate or are impracticable, the female employee may be transferred to another job or function, while in some cases it may even prove necessary to suspend her contract.
Act n.31/1995 on Occupational Hazard Prevention Art.26

Parents

The working conditions and hours of work, including night work, of women who have recently given birth must be so adjusted that they do not affect the health of nursing mothers. If such measures of adaptation are not adequate or are impracticable, the female employee may be transferred to another job or function, while in some cases it may even prove necessary to suspend her contract.
Act n.31/1995 on Occupational Hazard Prevention Art.26

SHIFT WORK


Criteria for shift work

Shift work is considered any form of organization of teamwork whereby workers successively occupy the same jobs, according to a certain rhythm, continuous or discontinuous, due to the need for the worker to provide services at different times or in the case of services who work 24 hours per day.
Royal Decree No. 1 enacting the Worker’s Charter Art.36(3)

Schedule

Unilaterally, at the initiative of the employer, substantial changes in the working conditions of the employees, such as modifications in the shift work schedule, can be made when justified economic, technical, organizational or production reasons.
Royal Decree No. 1 enacting the Worker’s Charter Art.41(1)

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

Collective agreements or any agreement between employers and the workers’ representatives may establish an irregular distribution of the working hours throughout the year. This irregular distribution has to respect the daily and weekly rest established by this law.

In order for voluntary mobility in part-time work to take place, the employer shall inform the workers of the company on the existence of vacant posts so the workers may request the voluntary conversion of their full-time work to part-time and vice versa, or to increment the hours of work of part-time workers, in conformity to the procedures established in the collective agreements.

Substantial changes in the working conditions of the employees can be made unilaterally, at the initiative of the employer, when justified on economic, technical, organizational or production grounds. Such changes may include a reduction in an employee’s working hours by up to 70% of the employee’s normal daily, weekly, monthly or yearly working hours.

The hours of work of pregnant workers and women who have recently given birth must be adjusted so that they do not affect their health. If such a measure would not be adequate or would be impracticable, the worker can be transferred to another job or her contract be suspended.
Royal Decree No. 1 enacting the Worker’s Charter Art.34, art.12(4.e), art.47(2)
Act n.31/1995 on Occupational Hazard Prevention Art.26

Reasons for request

By the initiative of the employer, the change may be made for economic, technical, organizational or production reasons.
Royal Decree No. 1 enacting the Worker’s Charter Art.47(2)

Employer duties

By the initiative of the employee, requests referring to changes in the working time shall be considered, by the employer insofar as possible.

The employer shall inform the workers of the company on the existence of vacant posts so the workers may request the voluntary conversion of their full-time work to part-time and vice versa.

The decision of the employer to make a substantial change to the working conditions of the workers, such as the reduction of the number of working hours, must be notified to the workers concerned and their legal representatives at least thirty days before the change is to take effect.
Royal Decree No. 1 enacting the Worker’s Charter Art.12(4.e), art.41(3)

Procedure


General

By the initiative of the employer, any change must be preceded by a period of consultation not exceeding fifteen days, during which time the employer must consult with affected workers and their legal representatives about the proposed change, advise of the reasons motivating the business decision and discuss the possibility of avoiding or reducing their effects as well as measures to mitigate its affects on the workers.
Royal Decree No. 1 enacting the Worker’s Charter Art.41(4)

Right to return to prior working time

Workers who have voluntarily converted their full time work contracts into part-time or vice versa, and ask to return to their previous situation shall have preference in the access to a vacant post of such nature that corresponds to their professional group of equivalent category in the company. Workers that have initially been hired as part-time and have worked for the company for three or more years shall be entitled to the same preference to those full-time vacancies that correspond to their professional group or equivalent category.
Royal Decree No. 1 enacting the Worker’s Charter Art.12(4.e)

Right to information

In order for voluntary mobility in part-time work to take place, the employer shall inform the workers of the company on the existence of vacant posts so the workers may request the voluntary conversion of their full-time work to part-time and vice versa, or to increment the hours of work of part-time workers, in conformity to the procedures established in the collective agreements.
Royal Decree No. 1 enacting the Worker’s Charter §12(4.e)

Refusal to transfer

If the worker is prejudiced as a consequence of the substantial change in his or her working conditions, may decide to terminate the employment contract and receive a compensation of twenty days’ salary per year of service and prorated compensation for the periods shorter than one year and up to nine months.

A worker who opts not to terminate the contract and who disagrees with the company’s decision may contest it before the competent court. The Court may hold the amendment justified or unjustified and, in the second case, shall recognize the right of the worker to be restored to his or her previous working conditions.
Royal Decree No. 1 enacting the Worker’s Charter Art.41(3)

INFORMATION & CONSULTATION


Information

The employer must display a work calendar in a visible place.
Royal Decree No. 1 enacting the Worker’s Charter Art.34(6)

Results generated on: 23rd October 2014 at 23:55:49.
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