Minimum wage and working hours in Spain

Navigating the Spanish labor market can be both exciting and overwhelming for foreign residents and expatriates. Whether you are moving to Spain for a new job, negotiating an employment contract, or managing a business with local employees, understanding the legal framework surrounding compensation and working hours is crucial. Spain’s labor laws are highly protective of the employee, and failing to understand your rights—or your obligations as an employer—can lead to severe financial and legal complications. This comprehensive guide breaks down the essential rules governing the minimum wage and working hours in Spain, translating complex legal jargon into practical, actionable advice.

The Legal Framework: Understanding Your Rights in Spain

In Spain, employment relationships are primarily governed by the Workers' Statute (Estatuto de los Trabajadores, approved by Royal Legislative Decree 2/2015, of October 23). This national law establishes the baseline minimum rights for all workers.

However, as an expat, you must understand a unique feature of the Spanish labor system: Collective Bargaining Agreements (Convenios Colectivos). These are sector-specific and province-specific agreements negotiated between trade unions and employers' associations. Under Spanish law, a Convenio Colectivo can only improve upon the conditions set by the Workers' Statute; it can never offer worse conditions. Therefore, while the national laws detailed below represent the absolute legal minimum, your specific industry (such as hospitality, IT, or teaching) may offer higher wages and shorter working hours.

Additionally, the Social Security General Act (Ley General de la Seguridad Social) governs how contributions are deducted from your salary, affecting your net take-home pay and your entitlement to benefits like unemployment or pensions.

Minimum Wage in Spain: The SMI Explained

The official minimum wage in Spain is known as the SMI (Salario Mínimo Interprofesional). The Spanish government reviews and updates this figure annually via a Royal Decree (Real Decreto), taking into account inflation, productivity, and the general economic climate.

The Key Figures for 2024

For the year 2024, the Spanish government has set the SMI at €1,134 gross per month paid in 14 installments (pagas).

To understand how salaries work in Spain, you must grasp the difference between the 12-payment and 14-payment systems:

• 14 Payments (Standard): You receive €1,134 gross per month for 12 months, plus two extra double-pay months (usually in July and December, known as pagas extraordinarias).
• 12 Payments (Prorated): If your extra payments are prorated (pagas prorrateadas) across the 12 calendar months, your minimum gross monthly salary is €1,323 per month.

Both systems result in the exact same annual minimum salary of €15,876 gross per year for a full-time position (40 hours per week).

Part-Time and Hourly Workers

If you work part-time, your minimum wage is calculated proportionally. For example, if you work 20 hours per week (a 50% contract), your minimum gross monthly wage must be at least €567 (under the 14-payment system) or €661.50 (under the 12-payment system).

For casual or temporary workers whose employment with a single company does not exceed 120 days per year, the minimum daily rate is €53.71 gross. For domestic workers (empleados del hogar) paid by the hour, the minimum hourly rate is €8.87 gross per hour worked, which includes prorated holiday pay and extra payments.

Working Hours, Rest Periods, and Overtime

The Workers' Statute strictly regulates working hours (jornada laboral) to protect employee health and safety. Article 34 of the Estatuto de los Trabajadores establishes the core rules for working hours in Spain.

Maximum Working Hours

The maximum legal working week in Spain is 40 hours on average, calculated on an annual basis. While your contract might specify 40 hours, many collective agreements reduce this to 37.5 or 38.5 hours per week.

Daily working hours cannot exceed 9 hours unless a collective agreement or an agreement between the employer and the works council (comité de empresa) establishes a different distribution, always respecting the mandatory rest periods. For workers under 18 years of age, the daily limit is strictly 8 hours.

Mandatory Rest Periods

• Daily Rest: There must be a minimum of 12 hours of rest between the end of one working day and the start of the next.
• Weekly Rest: Workers are entitled to a minimum weekly rest period of 1.5 uninterrupted days (36 hours), which generally includes Sunday and either Saturday afternoon or Monday morning. For minors, this rest period is a minimum of 2 uninterrupted days.
• Intra-day Rest: If your continuous working day exceeds 6 hours, you are entitled to a mandatory rest break of at least 15 minutes (often called the descanso para el café). This break only counts as paid working time if explicitly agreed upon in your contract or collective agreement. For minors, a 30-minute break is mandatory for any shift exceeding 4.5 hours.

Overtime (Horas Extraordinarias)

Overtime is regulated by Article 35 of the Workers' Statute.

• Limits: A full-time worker cannot perform more than 80 hours of overtime per year (excluding hours worked to prevent or repair extraordinary and urgent damages).
• Compensation: Overtime must be either paid at a rate at least equal to the regular hourly wage or compensated with paid time off within the 4 months following the performance of the overtime. Collective agreements usually dictate which method is preferred.
• Prohibition: Part-time workers and night-shift workers are generally prohibited from performing standard overtime, though exceptions exist for force majeure.

The Mandatory Time Registry (Registro de Jornada)

Since May 2019, all employers in Spain are legally required to maintain a daily record of their employees' working hours. This law (Article 34.9 of the Workers' Statute) requires workers to log their start and end times, as well as any breaks, using a digital app, biometric scanner, or paper sign-in sheet. Employers must keep these records for 4 years, and they must be available to employees, union representatives, and Labor Inspectors (Inspección de Trabajo).

Real-World Examples

To see how these rules apply in practice, let us look at two common scenarios for expats living in Spain.

Example 1: Sarah, the TEFL Teacher

Sarah is a British expat living in Madrid. She is hired by a language academy to teach English for 25 hours per week.

• Salary Calculation: Since a full-time contract is 40 hours, Sarah's 25-hour contract represents 62.5% of a full-time schedule.
• Minimum Wage: The minimum annual salary for Sarah must be at least 62.5% of the national SMI (€15,876), which equals €9,922.50 gross per year.
• If her academy pays her in 12 monthly installments, her gross monthly salary must be at least €826.88. If they pay in 14 installments, she must receive €708.75 monthly, plus two extra payments of €708.75 in summer and winter.

Example 2: Alejandro, the Software Engineer

Alejandro is an Argentinian expat working for a tech startup in Barcelona. His contract states he works a standard 40-hour week with a gross annual salary of €35,000 (well above the SMI).

• Overtime Issue: During a product launch, Alejandro works 10 hours a day for two weeks, accumulating 20 hours of overtime.
• Resolution: Because his contract is governed by the national software industry collective agreement, Alejandro's employer cannot simply ignore these extra hours. The company must either pay him for those 20 hours at the premium rate specified in the collective agreement or give him 20 hours of paid time off within the next 4 months. Alejandro must ensure he logs these hours accurately in the company’s daily time registry app.

Practical Steps: How to Verify and Claim Your Rights

If you are starting a job or believe your employer is not respecting the minimum wage or working hour laws, follow these step-by-step instructions:

1. Obtain your Digital Certificate or Cl@ve: This is your secure digital ID in Spain. You can apply for it online and verify your identity at a local Social Security office (Tesorería General de la Seguridad Social or TGSS) or tax office (Agencia Tributaria).
2. Request your Employment History Report (Vida Laboral): Use your digital certificate to download this document instantly from the Social Security portal (Importass). This report shows exactly how many days you have been registered, your contract type, and your contribution group.
3. Check your Payslip (Nómina): Verify that your base salary (salario base) plus any mandatory supplements meet the SMI threshold for your working hours. Ensure that Social Security deductions (typically around 6.35% for the employee) and income tax withholding (IRPF, which varies based on your income and family situation) are correctly calculated.
4. Review the Collective Agreement: Look at your payslip to find the name of the Convenio Colectivo applicable to your company. Search the official state gazette (Boletín Oficial del Estado or BOE) or regional gazettes to read the specific wage tables and working hour limits for your professional category.
5. File a Consultation or Complaint: If you spot discrepancies, first raise them in writing with your HR department. If unresolved, you can file a formal complaint with the Labor and Social Security Inspectorate (Inspección de Trabajo y Seguridad Social). This can be done anonymously if you have concrete proof.
6. The Conciliation Process (Conciliación Laboral): Before taking an employer to court over unpaid wages or overtime, you must file a petition for pre-trial conciliation (Papeleta de Conciliación) with the regional labor mediation service (such as SMAC in Madrid or Catalonia). This is a mandatory step to try and reach an out-of-court settlement.

Common Mistakes to Avoid

• Confusing Gross and Net Salary: When negotiating a contract, always talk in gross (bruto) terms. The SMI of €1,134 is a gross figure. Your net (neto) take-home pay will be lower after Social Security contributions and IRPF tax deductions are taken out.
• Accepting "Unpaid Overtime" in Exchange for Flexibility: Many expats are told that "flexible working hours" or "working from home" means they do not get paid for working late. This is illegal. All hours worked beyond your contractual limit must be recorded and compensated.
• Ignoring the Trial Period (Periodo de Prueba): During your trial period (which can last from 1 month up to 6 months depending on your role and collective agreement), either you or the employer can terminate the contract without notice or severance pay. However, you are still legally entitled to be paid at least the minimum wage and have your hours recorded during this time.
• Failing to Check the "Convenio Colectivo": Assuming the national SMI is your maximum entitlement is a common error. Many sectors have minimum salaries that are significantly higher than the SMI. Always check your specific industry agreement.

Frequently Asked Questions

Can my employer pay me less than the SMI if I am on a training contract?

No. Under the current labor laws, training contracts (contrato formativo) have specific wage rules, but the pay can never fall below the SMI in proportion to the actual hours worked. If you work 80% of a standard day under a training contract, you must receive at least 80% of the SMI.

Does the SMI include bonuses or transport allowances?

Generally, no. The SMI represents the base salary. Extra payments like transport allowances (plus de transporte), uniform allowances, or performance bonuses are usually paid in addition to the base SMI, unless your collective agreement specifically states otherwise. Your base salary plus standard wage supplements must reach the SMI.

What should I do if my employer does not use a time registry?

Failure to keep a daily time registry is a serious administrative infraction for the employer, carrying fines starting from €750 up to €225,000 depending on the severity. If your employer does not provide a system, keep your own detailed, written log of your hours (emails sent, login times, etc.) as evidence in case you need to make a claim.

Are "all-inclusive" salary contracts legal for overtime?

In Spain, contracts that state "all overtime is included in the flat salary" are generally invalid for standard workers. Only high-level executives (personal de alta dirección) can negotiate contracts exempt from standard working hour limits and overtime compensation. For standard employees, overtime must always be recorded and compensated.

What happens to my vacation days if I work part-time?

Part-time workers are entitled to the exact same number of vacation days as full-time workers: a minimum of 30 calendar days (or 22 working days) per year. The difference is that your pay during those vacation days will reflect your part-time salary, not a full-time salary.

In Summary

• The minimum wage (SMI) in Spain for 2024 is €1,134 gross per month (paid in 14 installments) or €1,323 gross per month (paid in 12 installments), totaling €15,876 gross per year for full-time work.
• The maximum legal work week is 40 hours on average, with a mandatory minimum of 12 hours of rest between shifts and 1.5 days of weekly rest.
• Overtime is strictly limited to 80 hours per year for full-time employees and must be compensated with equivalent paid time off or financial payment.
• Every employer in Spain is legally obligated to maintain a daily time registry of employee working hours, which must be kept for 4 years.
• Your sector's Collective Bargaining Agreement (Convenio Colectivo) always takes precedence over the general Workers' Statute if it offers better conditions, higher wages, or shorter working hours.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.