Overtime in Spain: Know Your Rights and Make Sure You Get Paid
The issue of overtime is one of the most common sources of conflict and confusion in the Spanish work environment. Am I obliged to do them? How much do I have to be paid? What if instead of money they give me days off? Knowing your rights is the first step to ensuring fair compensation for your work.
In this article, we are going to break down what the Workers' Statute says about overtime, in a clear and direct way.
According to article 35 of the Workers' Statute, an overtime hour is "each hour of work that is carried out over the maximum duration of the ordinary working day".
Is Overtime Mandatory?
The short answer is: no, with nuances. Overtime is, as a general rule, voluntary for the worker. You cannot be fired or sanctioned for refusing to do them, except in two specific situations:
- Agreement in a collective agreement or contract: If your collective agreement or your individual employment contract establishes the obligation to work overtime when the company needs it due to production circumstances.
- Force majeure: In cases of emergency to prevent or repair accidents and other extraordinary and urgent damages (such as a fire or a flood), overtime is mandatory.
Outside of these cases, you have the right to refuse without it entailing retaliation.
Annual Limit on Overtime: How Many Can Be Done?
The law also sets a cap to protect the health and rest of workers. The maximum number of overtime hours that can be worked is 80 hours per year. This limit does not apply to force majeure hours or those that are compensated with rest time.
Compensation: Money or Rest?
Here comes the million-dollar question. Overtime can be compensated in two ways:
- Economic remuneration: The value of the overtime hour can never be lower than the value of the ordinary hour. It is usual for the collective agreement to set an increase (for example, 25% or 50% more than the normal hour). Check your agreement to know exactly how much you are entitled to.
- Compensation with rest: It is also possible that, instead of paying you, they give you equivalent time off. These rest hours must be enjoyed within the four months following their completion.
The choice between payment or rest is usually regulated by the collective agreement or, failing that, by agreement between the company and the workers' representatives. If there is no agreement, it is understood that they must be compensated with rest.
The Time Sheet is Your Best Ally
Since 2019, all companies in Spain are obliged to keep a daily record of their workers' workday, including the start and end time. This record is essential proof in case of discrepancies about the overtime worked. You can use our work time calculator to keep your own control.
Make sure that your company complies with this obligation and that the record faithfully reflects your schedule. You have the right to receive a copy of your monthly record if you request it.
Frequently Asked Questions about Overtime
- Does overtime contribute to Social Security?
Yes. Overtime contributes to Social Security, although with a different contribution rate than ordinary hours. - What do I do if my company does not pay me for overtime?
You must claim the amounts owed. The first step is usually to try to reach an amicable solution. If it does not work, you can file a conciliation ballot and, if necessary, a lawsuit before the Social Court. You have a period of one year to claim. - Does travel time to work count as overtime?
Usually not. Travel time to the workplace is not considered effective work time, unless specified in your contract or agreement.
In Summary
Knowing your rights is power. Overtime is a regulated part of work, not a favor you do for the company. Remember the key points: they are voluntary (with exceptions), have an annual limit and must be compensated fairly and punctually, either with money or with rest. And when in doubt, always consult your collective agreement and your workday record.
Legal notice: This article is an informational guide and does not constitute legal advice. For specific cases, we recommend that you consult with a labor law professional.