Spain’s proposed overtime reforms and a shorter workweek

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Overview of Spain’s Proposed Work-Hour Changes

Plans to shrink the standard workweek from 40 hours to 37.5 are advancing, with negotiations underway to implement reforms before the summer holidays. Social partners, including employers and unions, aim to deliver more benefits to workers, such as extending the legally permitted overtime hours. Spain’s Ministry of Labor, led by Yolanda Díaz, is waiting for these talks to reach a conclusion so the agreement can be folded into a new law.

From 80 to 150 Overtime Hours

Spain remains stricter than most European Union members when it comes to overtime. Today, an employee can work up to 80 overtime hours per year, while many EU nations allow up to 150 hours. This is a core objective in ongoing talks, aligning Spain with neighboring countries. Yet, reaching consensus will be challenging.

The unions and the business sector agree that more flexible overtime could benefit the labor market and create opportunities for higher earnings. They diverge on how this should be compensated. Unions insist that overtime should come with higher pay for the extra hours beyond the ordinary workday. Employers counter that such increases would be meaningful mainly in roles that are hard to fill, and otherwise would not yield significant gains.

Additionally, the business side argues that higher overtime pay could squeeze corporate costs. If many workers participate in this plan, salaries would rise, directly affecting profits.

The Spanish Law Is Very Restrictive

Legislation in Spain clearly states that overtime is voluntary unless expressly agreed in collective bargaining agreements or, in some scenarios, in individual contracts. The unions want to confront this issue by pursuing fresh, nationwide collective agreements. These extra hours also influence workers’ social security contributions. Currently, the cost borne by workers is 2%, while the employer faces a 12% rate for overtime caused by force majeure. For overtime linked to structural needs, unforeseen events, or production peaks, the rate can climb to 23.6% in several circumstances.

Negotiations are expected to be tough, especially after the UGT filed a complaint with the European Union. The union contends that current rules do not require overtime pay for these hours, which it argues violates the European Social Charter. A central point in talks is the proposal to introduce an additional premium of 25% above the ordinary hourly wage, a key demand in discussions with employers.

Impact assessments show that these overtime rules touch on wage structures, labor flexibility, and the balance between productivity and worker welfare. The outcome will shape how employers plan staffing, salary grids, and overtime scheduling in the near future. This is a pivotal moment for Spain’s labor relations landscape as parties seek an arrangement that supports business needs while improving worker compensation and security.

[Citations: National labor bodies, union statements, and EU submissions provide context for the debate and anticipated policy direction.]

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