Reduction of the working week to 37.5 hours.

The Government of Spain has taken a significant step towards improving working conditions by approving the Draft Bill that reduces the maximum duration of the ordinary working week from 40 to 37.5 hours of effective work on average annually, without a corresponding salary reduction. This measure, which still needs to be debated and ratified in the Congress of Deputies, aims to benefit more than 12 million workers across the country. It is the first reduction in the legal working week since 1983 and is part of an agreement reached with the main unions, CCOO and UGT, on December 20, 2024. The government is once again moving forward with its labor agenda after also announcing an increase in the Minimum Interprofessional Salary.

In addition to the reduction in working hours, the draft law includes the implementation of a mandatory digital time registration system and the reinforcement of the right to digital disconnection, prohibiting companies from contacting employees outside their working hours.

To provide a detailed explanation of this new Draft Law, we rely on the knowledge and expertise of Jordi Garcia Arroyo, Xavier Calderó Jiménez, and Josep Grau Suárez, expert labor advisors who are part of the firm’s expert support team.

 

A Historic Step in the Working Week

Yolanda Díaz, the second Vice President of the Government, described the day as “historic.” The Minister of Labor and Social Economy also emphasized that this is not just a legislative modification, but “a national project that changes real life”. The reduction in the maximum working week has been addressed within the framework of Social Dialogue and reflects the agreement reached with the major trade unions CCOO and UGT.

Since 1983, the legal working week in Spain had remained at 40 hours. With the approval of this draft law, the Government seeks to ensure a better balance between the working and personal life of workers, promoting reconciliation and social well-being.

 

 

Key Points of the Draft Law

The text approved by the Council of Ministers outlines the following key points:

• Reduction of the maximum working hours: The limit is set at 37.5 hours per week on an annual basis. This measure particularly benefits workers not covered by collective agreements, with greater intensity in sectors such as hospitality, commerce, and agriculture.
• Mandatory time registration: It must be interoperable, accessible, digital, reliable, and objective. To ensure strict control, workers, their representatives, and the Labor and Social Security Inspectorate will have immediate and unrestricted access to the register at the workplace. Additionally, the register must be remotely accessible to the Labor and Social Security Inspectorate and worker representatives. The company cannot interfere with the register, which must be completed directly and personally by the workers. The same time-tracking system will apply to part-time workers. Companies must retain working hours records for four years, during which they will remain available to workers, their legal representatives, and the Labor and Social Security Inspectorate.
• Right to digital disconnection: Recognized as a non-waivable right to prevent workers from being required to provide services outside their working hours. Employers failing to comply with this rule will not only commit an infraction but also will not be able to impose retaliation, negative consequences, or less favorable treatment on workers who exercise this right.
• New sanctioning regime: Financial penalties are established for companies that fail to comply with working hours registration obligations, applying to each affected worker in cases of missing records or falsification of recorded data.
  • Minimum level: from 1,000 to 2,000 euros
  • Medium level: from 2,001 to 5,000 euros
  • Maximum level: from 5,001 to 10,000 euros

Additionally, violations related to the organization and management of working time that pose serious risks to workers’ health and safety will be classified as very serious infractions.

 

Next Steps for the Measure

What does the future hold for this Draft Law? The Government will open a Social Dialogue Table to assess the impact of the reduction of working hours and continue to advance on this matter. Additionally, collective agreements will have until December 31, 2025, to adapt to the new regulations.

The three members of the firm’s expert support team warn that, although the Draft Bill includes significant changes for both companies and workers, given the current parliamentary situation, we must remain attentive to any possible modifications during its legislative process until its potential final publication in the BOE (Official State Gazette).

If you need advice or have any questions regarding the content and/or application of this Draft Bill, you can contact our expert support team. Contact us!