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Maximum Working Hours and Overtime in Spain

Spanish employment laws are highly detailed and designed to protect worker rights from labor abuse.  This includes the maximum number of working hours allowed per week and the amount of overtime that can be paid. 

This may be new to you if you are hiring in Spain for the first time, and accustomed to no weekly limit on the number of hours per week for salaried employees.  You might be surprised that the employee could be entitled to overtime pay in addition to their monthly salary.

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What are the standard working hours in Spain?

In Spain an employee can only be asked to work a maximum of 40 hours per week (calculated annually), and no more than 9 hours per day. 

What happens if an employee works more than the maximum standard working hours in Spain?

For any hours worked over the 40 hour maximum, the employee is entitled to overtime up to a maximum of 80 overtime hours.

Client Case: Spanish labour law requires tracking of work hours

In order to ensure compliance, there is a law that requires the employer and employee keep track of the workday hours.  We had a client with an employee in Spain that wanted to know how this time tracking process works with Shield GEO.

Solution

We advised our client of the following process:

  1. Communicate with your employee about the time tracking requirement
  2. An excel spreadsheet is sent to each employee to note their time
  3. Timesheet starts on the first of the month, and are completed and sent to the local employer on the last working day of the month via email
  4. We will create a special Dropbox folder to retain all of the monthly timesheets on behalf of the client, in case there is a need to document the hours

Do you need more information about Spain?

If this workday overtime rule seems unusual, you might have more questions such as:

What is the hourly rate for overtime?

Do the working hours rules apply to both local residents and expats?

How can an employer verify if the employee actually works the number of hours stated on the spreadsheet?

These types of issues arise all of the time with our clients, and we assist them in finding solutions to support their employees abroad, including payroll, taxes and employee benefits.  We make international employment simple.

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Looking to hire an employee in Spain? Get in touch.

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