# Working time rules in Spain

> Spanish working time rules: 40-hour week, 12 hours between days, breaks, overtime, night work and the mandatory daily time record (registro de jornada) since 2019.

URL: https://timetracking.tech/labor-laws/spain
Language: en
Last updated: 2026-10-24

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: 2026-10-24

## 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](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a34) |
| Daily working time | At most 9 ordinary hours per day, unless a collective or company agreement sets another distribution | [art. 34.3](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a34) |
| Rest between working days | At least 12 hours between the end of one working day and the start of the next | [art. 34.3](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a34) |
| Breaks | At least 15 minutes when a continuous working day lasts more than 6 hours | [art. 34.4](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a34) |
| 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](https://www.boe.es/buscar/act.php?id=BOE-A-2019-3481) |
| Overtime | At most 80 overtime hours per year; hours compensated with rest within 4 months and emergency work do not count | [art. 35.2](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a35) |
| 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](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a36) |
| Weekly rest | One and a half uninterrupted days per week, which may be accumulated over up to 14 days | [art. 37.1](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a37) |

> **Not legal advice.** This page summarises the general statutory rules for adult employees. Collective agreements, sector rules, young workers and executives can have different rules, and laws change. Check the linked official source or ask an employment lawyer before you rely on a rule. TimeTracking accepts no liability for decisions based on this page.

## 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.

- [Overtime explained](https://timetracking.tech/glossary/overtime)

## 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.

- [Break rules explained](https://timetracking.tech/glossary/break-rules)

## 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.

- [France](https://timetracking.tech/labor-laws/france)
- [Weekly timesheet template](https://timetracking.tech/timesheet-templates/weekly)
- [Rosters](https://timetracking.tech/features/rosters)

## Official sources

- [Estatuto de los Trabajadores, art. 34 (BOE)](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a34)
- [Estatuto de los Trabajadores, art. 35 (BOE)](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a35)
- [Estatuto de los Trabajadores, art. 36 (BOE)](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a36)
- [Estatuto de los Trabajadores, art. 37 (BOE)](https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430#a37)
- [Real Decreto-ley 8/2019 (registro de jornada, BOE)](https://www.boe.es/buscar/act.php?id=BOE-A-2019-3481)

## 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.