Reduction of the maximum working week in Spain: a significant change

The draft bill seeks to reduce effective working time without reducing salary, with the aim of improving the quality of employment, worker productivity and the work-life balance.

Gradual implementation

Given that the length of the working day is that agreed in collective agreements or employment contracts, the various collective agreements will need to be adapted to determine the practical application in each activity. The negotiating committees for the collective agreements will have until 31 December 2025 to adapt their regulations and ensure compliance with the new regulations.

Time recording and digital disconnection

The draft bill introduces substantial changes to time recording, which must be digital, thus eliminating paper time records. The draft bill also expressly provides that employees must record interruptions and breaks during their working day. The record must be immediately available to workers, representatives and the Labour Inspectorate at any time, and must be kept for four years.

Finally, the right to digital disconnection is reinforced. Specifically, the draft bill establishes that this is an inalienable right, and guarantees are provided to ensure that workers do not suffer reprisals for exercising this right.

Impact on part-time workers

Part-time workers with working hours equal to or greater than 37.5 hours per week will automatically become full-time employees. Workers with shorter working hours will maintain their current hours.

Exceptions and sanctions

The reduction in the working week will affect all companies and sectors in Spain, with some specific exceptions. However, it is anticipated that the reduction in the working week will not affect all sectors equally, as there are certain collective agreements in which the working day has already been reduced on a voluntary basis, this being a matter essentially available for collective negotiation.

In the event of a lack of registration or falsification of the registered data, it will be considered an offence for each worker affected. The fines will be as follows:

• At the minimum level, from 1,000 to 2,000 euros
• At the medium level, from 2,001 to 5,000 euros
• At the maximum level, from 5,001 to 10,000 euros

Next steps

This draft bill has yet to be submitted to parliament, so negotiations and changes are expected imminently. The final implementation and practical application will depend on the agreements reached during the legislative process, subsequent regulatory development and the capacity of both companies and workers to adapt.

This set of measures represents an ambitious initiative that poses significant challenges in terms of work organization, productivity and agreements between the parties. Companies will have to review their organizational models to maintain operational efficiency with fewer covered working hours and manage the associated costs.