Working time rules in Spain
The Estatuto de los Trabajadores sets working hours, rest and breaks in Spain. Since 2019, every employer must also keep a daily record of each worker's start and end time: the registro de jornada.
Last reviewed: · Estatuto de los Trabajadores
The rules at a glance
| Topic | Rule | Source |
|---|---|---|
| Weekly working time | At most 40 hours of effective work per week, as an annual average | art. 34.1 |
| Daily working time | At most 9 ordinary hours per day, unless a collective or company agreement sets another distribution | art. 34.3 |
| Rest between working days | At least 12 hours between the end of one working day and the start of the next | art. 34.3 |
| Breaks | At least 15 minutes when a continuous working day lasts more than 6 hours | art. 34.4 |
| Time recording (registro de jornada) | A daily record of each worker's start and end time, kept for 4 years (introduced by Royal Decree-law 8/2019) | art. 34.9 |
| Overtime | At most 80 overtime hours per year; hours compensated with rest within 4 months and emergency work do not count | art. 35.2 |
| Night work | Night work is work between 22:00 and 06:00; night workers average at most 8 hours per day over 15 days and may not work overtime | art. 36.1 |
| Weekly rest | One and a half uninterrupted days per week, which may be accumulated over up to 14 days | art. 37.1 |
Last reviewed:
Weekly and daily hours
The working week is at most 40 hours of effective work, as an annual average. Ordinary working days are at most 9 hours, unless a collective or company agreement sets another distribution. Between the end of one working day and the start of the next, at least 12 hours must pass.
Overtime is capped at 80 hours per year. Hours compensated with rest within 4 months and work to prevent or repair emergencies do not count toward that cap. That is why it matters to record overtime and how it was compensated, not just how many hours were worked.
Breaks, weekly rest and night work
When a continuous working day lasts more than 6 hours, the worker is entitled to a break of at least 15 minutes. Weekly rest is one and a half uninterrupted days, which may be accumulated over up to 14 days.
Night work is work between 22:00 and 06:00. Night workers may average at most 8 hours per day over 15 days, and they may not work overtime.
The registro de jornada
Since Royal Decree-law 8/2019, every employer in Spain must keep a daily record of each worker's start and end time and keep it for 4 years. The record must be available to workers, their representatives and the labour inspectorate. It applies to all employers, whatever their size, and to part-time and full-time staff alike.
The law does not prescribe a format. Paper works, but a digital record is easier to keep complete, to correct transparently and to hand over on request.
How TimeTracking helps
TimeTracking records the start and end of every shift, plus breaks, on the phone, the web or a shared kiosk, and keeps every correction in an audit log. Approved hours can be exported as CSV or XLSX for payroll or for an inspection. A Spanish rule pack with warnings for the limits above is not built in, so check the rules yourself. TimeTracking is free for up to 5 users; Core costs €1 and Pro €3 per user per month.
Frequently asked questions
Is time recording mandatory in Spain?
Yes. Since Royal Decree-law 8/2019, every employer must keep a daily record of each worker's start and end time (art. 34.9 Estatuto de los Trabajadores) and keep it for 4 years.
How many hours may employees work in Spain?
At most 40 hours of effective work per week as an annual average, and at most 9 ordinary hours per day unless an agreement sets another distribution.
How much overtime is allowed?
At most 80 hours per year. Overtime compensated with rest within 4 months and emergency work do not count toward that cap.
Related pages
France
Code du travail: 35-hour legal week (overtime threshold), at most 10 hours per day and 48 per week, 20-minute break after 6 hours, 11 hours of daily rest.
Germany
ArbZG: 8 hours per working day (up to 10), breaks after 6 hours, 11 hours of rest, and mandatory time recording since the 2022 BAG ruling.
Overtime
Hours worked beyond the agreed or normal working time, often paid at a higher rate or compensated with time off.
Weekly timesheet
Seven days on one sheet with start, end, break and hours, signed by employee and manager.
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Free for up to 5 users. Core from €1 per user per month, everything included.
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