Overtime in Spain is a mechanism that allows companies to temporarily increase working hours, but it is also a frequent source of conflict if not properly managed.
In this article, we explain when overtime is legal, how it should be compensated, and how Legal Allies can help you protect your labor rights.
What is Overtime in Spain?
Overtime in Spain refers to working hours performed beyond the regular schedule established in the employment contract or the applicable collective agreement.
Not all overtime is legal, nor should it be accepted unconditionally: the law sets clear limits to protect workers.
When is Overtime Legal in Spain?
Overtime is legal in Spain if it meets the following conditions:
- It is voluntary, unless otherwise specified in a collective agreement.
- It does not exceed the limit of 80 overtime hours per year (excluding those compensated with time off).
- It is due to exceptional needs in production, maintenance, or urgent repairs.
- Daily and weekly rest periods are respected.
- It is not imposed unilaterally, except in force majeure cases.
How Should Overtime Be Paid?
Overtime in Spain can be compensated in two ways:
- Financial payment: At a higher rate than the regular hourly wage, as defined in the collective agreement or, failing that, the legal minimum.
- Time off in lieu: Equivalent rest time must be granted within four months.
If nothing is agreed, the general rule is that it must be paid financially.
What Happens if Overtime Is Not Paid?
Failure to pay or compensate overtime can result in:
- Wage claims from the employee.
- Penalties for the company following a labor inspection.
- Recognition of those hours as effective working time, which can affect contributions, seniority, etc.
Workers can claim unpaid overtime up to one year after performing it.
Special Cases of Overtime in Spain
Certain categories of workers have specific restrictions or rules regarding overtime in Spain:
- Under 18 years old: Prohibited.
- Part-time workers: Prohibited (except for pre-agreed additional hours).
- Professional drivers: Subject to specific rest regulations.
How Can Legal Allies Help If You’re Not Being Paid Overtime?
At Legal Allies, we:
- Calculate the actual amount you’re owed, including legal interest.
- Review your collective agreement for additional rights.
- Draft friendly claims to your employer to avoid conflict.
- If needed, file labor lawsuits to demand payment in court.
- Advise you on how to protect yourself from retaliation if you’re afraid to make a claim.
We understand that overtime in Spain can be a sensitive topic—many workers agree to it but don’t always feel confident demanding what’s fair.
That’s why:
- We calculate the real amount you should claim, including interest.
- We check your collective agreement for extra entitlements.
- We write amicable letters to your employer to resolve disputes.
- We go to court if necessary.
- We help you stand up for your rights without fear.
At Legal Allies, we believe that an informed and well-defended worker is a strong worker. And we’re here to help you become one.
Understanding your rights about overtime in Spain is essential to avoid working extra hours without proper compensation.
If you think you’re not being paid correctly, Legal Allies is here to ensure every minute worked also pays off—literally.
