Overtime and Break Laws in Spain (2026)
Estatuto de los Trabajadores (Real Decreto Legislativo 2/2015), arts. 34, 35, 37 · Reviewed 2026-10 · Private-sector employees
Overtime
No statutory overtime premium. Overtime (hours above the 40-hour annual average week) must be paid at no less than the ordinary hourly rate, or compensated with equivalent paid rest; the rate is set by collective agreement or contract.
Breaks and lunch
A break of at least 15 minutes when a continuous working day exceeds 6 hours. It counts as paid working time only if a collective agreement or contract says so.
Overtime in Spain
The law sets no overtime premium of its own here. What overtime pays is up to the employment contract or the collective agreement.
- Without an agreement, overtime must be compensated with rest within the following 4 months.
- Maximum 80 overtime hours a year (overtime compensated with rest within 4 months does not count).
- Ordinary working time is capped at 40 hours a week averaged over the year, and at 9 ordinary hours a day unless an agreement sets another distribution.
- Employers can distribute 10% of annual hours irregularly without an agreement, with 5 days notice.
- Under-18s: no more than 8 hours a day.
Averaging over a pay period: Yes. The 40-hour week is an annual average; overtime is hours above that maximum.
Breaks and lunch in Spain
- Rest break: 1 × 15 minutes, unpaid, for shifts of 6 hours or more.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | None |
| 6 hours | 1 × 15 min, unpaid | None |
| 8 hours | 1 × 15 min, unpaid | None |
| 10 hours | 1 × 15 min, unpaid | None |
| 12 hours | 1 × 15 min, unpaid | None |
- Under-18s: at least 30 minutes when continuous work exceeds 4.5 hours.
- At least 12 hours between the end of one working day and the start of the next.
- Weekly rest of one and a half uninterrupted days, can be accumulated over up to 14 days (2 days for under-18s).
- Weekly cap of 40 ordinary hours averaged yearly, plus at most 80 overtime hours a year, keeps work well under the EU 48-hour average.
Pay by Spain rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Spain: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
Start freeOfficial sources
Frequently asked questions
What is the overtime rule in Spain?
No statutory overtime premium. Overtime (hours above the 40-hour annual average week) must be paid at no less than the ordinary hourly rate, or compensated with equivalent paid rest; the rate is set by collective agreement or contract.
Can overtime be averaged over two weeks or a pay period in Spain?
Yes. The 40-hour week is an annual average; overtime is hours above that maximum.
What breaks are required in Spain?
A break of at least 15 minutes when a continuous working day exceeds 6 hours. It counts as paid working time only if a collective agreement or contract says so.