We are informing you of the most important government proposals currently under discussion with
the Spanish Confederation of Employers’ Organizations (CEOE) regarding working hours and time
tracking. At present, no agreement has been reached; however, it is very likely that the government
will unilaterally impose the reduction of working hours.
The government’s intention is to reduce the working week in Spain from the current 40 hours to
37.5 hours, without any reduction in salary.
The proposal is as follows:
- Working Hours: The intention is to reduce the current working week from 40 hours to 37.5
hours. Implementation will be progressive, starting with 38.5 hours per week to reach 37.5
hours per week by January 2025. - Time Tracking: Time tracking must be digital and allow for unequivocal identification of
the worker. Additionally, the Labor Inspectorate and union representatives will have remote
access to these records, ensuring access through an interoperable system that allows sharing
and exchanging information and data. Companies must keep records for four years. - Administrative Penalties: The Ministry of Labor and Social Economy contemplates fines
of up to 10,000 euros per worker for companies that fail to comply with time tracking and
the reduction of the working week. This represents a tightening of current penalties
regarding working hours in two ways: first, companies will be fined per worker, not globally,
and second, the amount of the fines, classified as a serious infraction by employers, will be
higher, increasing from a maximum of 7,500 euros to 10,000 euros. - Part-Time Contracts: According to the draft, part-time contracts with a working duration
equal to or greater than 38.5 hours per week in 2024 or 37.5 hours in 2025 will
automatically convert to full-time contracts. In other cases, workers will have the right to
continue working the same number of hours they were working before the entry into force
of the regulation that reduces working hours. They will also have the right to a proportional
salary increase, as applicable. - Reduced Working Hours: Workers with reduced working hours will have the right to
continue working the same number of hours they were working before the entry into force
of this regulation, with the same salary effects as those provided for part-time employees. - No Increase in Overtime Hours: The draft does not contemplate exchanging regular hours
for overtime, i.e., increasing overtime hours to compensate for the reduction of regular
working hours or peaks in work demand. - Self-Employed Workers: No modifications are proposed.