Payroll regulations: Spain

Minimum wage

There is a minimum wage requirement in Spain, which is set by the government.

The minimum wage is set at 31.66 euros/day or 950 euros/month, depending on whether the wage is set by days or by months.

Legal working hours

• The duration of the working day is the one agreed within the collective agreements or work contracts.
• The maximum legal working schedule in Spain is of 40 hours of effective work / week on average in annual computation.
• The number of ordinary hours of effective work may not exceed 9 hours a day, unless a collective agreement establishes another distribution of daily work time, respecting, in any case, the rest period between days.

Overtime

The number of overtime hours shall not exceed 80 per year.

By collective agreement or individual contract, it shall be chosen to pay overtime in a fixed amount or to be compensated with equivalent paid rest period. In absence of such a pact in this regard, the overtime carried out must be compensated by paid rest period within 4 months of their realization.

Minimum number of days/hours off:

• Between the end of a day and the beginning of the next there will be a minimum of 12 hours of rest
• Workers will have the right to a minimum weekly rest of 1.5 consecutive days which, as a general rule, will comprise Saturday afternoon or, where appropriate, Monday morning and the full day of Sunday. The duration of the weekly rest for minors under 18 years old will be of at least 2 uninterrupted days

Breaks

• Whenever the duration of the continuous daily shift exceeds 6 hours, a rest period of no less than 15 minutes shall be established. This rest period will be considered effective working time when so established by a collective agreement or employment contract

Leave

• The period of paid annual leave, which cannot be replaced by financial compensation, will be that agreed in the collective agreement or individual contract. In no case will the duration be less than 30 calendar days.
• Public holidays may not exceed 14 per year, two of which will be local.
• Each year the company will prepare the work calendar, and a copy of it must be displayed in a visible place in each work center

Notification requirement as per The Posted Workers Directive

The business owner that post workers to Spain in the framework of the transnational provision of services must notify the posting, prior to commencement and irrespective of its duration, to the labour authority of the Autonomous Community where the services are to be provided.