Is it Legal to Consistently Work More Hours Than Stipulated in a Contract in Spain?

Question from abbyone, Is it Legal to Consistently Work More Hours Than Stipulated in a Contract in Spain?

Answer from AI:

In Spain, the legal framework that governs working hours is primarily established by the Workers’ Statute (Estatuto de los Trabajadores). According to this statute, the maximum number of working hours is generally 40 hours per week, averaged over a year. However, there are exceptions and specific situations that may alter this general rule.

Understanding Overtime and Complementary Hours

In your situation, it seems like you’re referring to what is known as “complementary hours” (horas complementarias) in Spanish labor law. These are hours that exceed the part-time contract but are agreed upon by both parties.

• According to Article 12.5 of the Workers’ Statute, the total number of hours worked (regular and complementary) cannot exceed the limit of a full-time job, which is typically 40 hours per week.
• The agreement for complementary hours must be in writing, and there are limits on how many can be agreed upon. For a contract of 10 to 20 hours per week, the complementary hours cannot exceed 30% of the contracted hours. For contracts of less than 10 hours, the limit is 20%.
• Employers must give at least three days’ notice of when these hours are to be worked.

Long-Term Use of Complementary Hours

If the company is consistently requiring you to work more hours than stipulated in your contract, and this has been going on for a long time, it may be considered an abuse of the complementary hours system.

It’s important to note that the use of “organizative causes” as a justification for these additional hours must be genuine and not a cover for a de facto full-time contract.

Seeking Legal Advice

If you believe your rights are being violated, it may be beneficial to consult with a labor law professional. They can provide personalized advice based on your specific situation and help you understand your rights and potential remedies under Spanish law.

Remember, this information is a general guide and not a substitute for legal advice. You can find more information about Spanish labor law and the Workers’ Statute on the Official State Gazette website (Boletín Oficial del Estado).