Lesson 8: Working Time

AutorPilar Núñez-Cortés Contreras
Cargo del AutorProfesora Titular de Área. Universidad Loyola Andalucía

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1. The duration of working time

The workday is the number of hours of work performed by a worker per day, week, month or year.

The legal regime of the workday in Spain consists of that working time is set by collective agreement or labour contract according to the limits established by the ES. The work time cannot surpass those limits.

These limits are:

· Limit "intra jornada". Each six hours of continuous work, the rest period has to be at least 15-minutes

· Daily Limit is nine hours of work per day, this limit can be extended by collective agreement.

· The limit between work days is twelve hours. It cannot be extended by collective agreement

· The weekly limit consists of a maximum work duration per week of 40 hours in annual average. Collective agreement can establish a irregular distribution of weekly work time, with several weeks of 40 hours of work time and other weeks over or below this number.

· The rest period between weeks. Employee has to rest uninterrupted 36 hours each seven days.

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2. Overtime


Extra hours consist of the extra working time that employees can perform above the maximum legal work time or above the inferior working time which has been agreed with the employer in accordance to the legal limits.

Example: Would be an extra hour the one that is above nine per day.

There are two types of overtime hours: standard and extraordinary. The extraordinary hours are compulsory for the employee, in case of urgent and extraordinary necessity. On the contrary, the standard extra hours are derived from the will of the two parties.

There are several requirements for standard overtime hours:

· Willfulness. Carrying these standard hours is voluntary for the employee. Collective agreement or labour contract could set as compulsory this kind of extra hours.

· A maximum of 80 hours of this kind can be performed per year (art. 35 ES).

· Specific compensation. Each extra hour has to be specifically compensated with salary or rest time.

· Specific test. The worker who claims the overtime payment by employer has to prove its realization hour by hour.

3. Holidays

Holidays are the paid annual rest period for the worker. Holidays are a rest period which workers cannot waive or substitute it by a monetary compensation.

The legal regime of holidays in Spain is a rest period set by collective agreement or labour...

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