What is the best time to go from warming up the chair to warming up the engine?

Less is more! With the proposed four-day working week, we would say that minimalism has moved into the workplace.

If, as a manager of an SME or Human Resources Director of a large organisation, you are wondering about the working method to be implemented so that practices such as warming the chair are replaced by a productivity boost, read on!

Although there are minimum obligations to comply with when it comes to working hours in Spain, companies have the power to define the way in which they distribute their effective time. We review the law, analyse the types of working hours and working arrangements so that you can judge for yourself.

Let us know, at the end of your reading, which school of thought you subscribe to: 'More is less' or 'Less is more'?

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What is meant by working time?

Working time refers to the working time that a person spends in order to carry out the tasks assigned to him/her within the framework of a contract.

What are the working hours in Spain, according to the Workers' Statute?

In Spain, the length of the working day is regulated by article 34 of the Workers' Statute, a law applicable to persons who voluntarily provide their services to an employer or entrepreneur.

Regarding the ordinary working day, the law determines the following:

1. It must be agreed in collective agreements or employment contracts.
2. Its maximum duration shall be forty hours a week of effective work on an annual average.
3. Companies may, by collective agreement, distribute ten percent of the working day irregularly throughout the year.
4. The number of ordinary hours of effective work may not exceed nine per day, unless:
   1. Another timetable has been established in the collective bargaining agreement,
   2. Workers under 18 years of age, in which case they may not work more than eight hours a day, including time devoted to training.
5. For the purposes of compliance with the right to reconcile work and family life, workers may request an adaptation of the working day, in terms of duration and distribution.

Rest periods

With regard to rest periods, the law specifies that the minimum daily and weekly rest periods stipulated in the law must be respected and the worker must be informed at least five days in advance of the day and time of work.

For these purposes, it is stipulated that:

• There must be at least twelve hours between the end of one working day and the beginning of the next.
• Whenever the length of the continuous working day exceeds six hours or four and a half hours in the case of minor workers, a rest period of not less than fifteen minutes or thirty minutes respectively must be established.

Overtime

Time that exceeds the maximum period legally established for the ordinary working day is time that is translated into overtime.

The provision of overtime work by a worker is done on a voluntary basis or by agreement in a collective agreement or individual contract. In this respect, the law is clear in determining that (except for the exceptions contained therein):

• The number of overtime hours may not exceed eighty per year and the value of their remuneration may not be less than that of the ordinary hour.
• Excess hours worked to prevent or repair accidents and other damage shall not be taken into account for the purposes of the maximum duration of the ordinary working day, nor for calculating the maximum number of authorised overtime hours.

Recording of working hours

Companies are also obliged to keep records of working hours. This record must detail the specific start and end times of the working day.

The document containing the information corresponding to each worker's record must be kept for four years and must be available to the worker, his/her legal representatives and the Labour and Social Security Inspectorate.

A time and attendance software or app facilitates compliance with this legal obligation by ensuring the recording of the working day and the clocking-in of workers. Each business, depending on its needs and operation, has at its disposal different methods to choose from for effective time management.

Other provisions

The company is obliged to publish the working timetable annually, so as to ensure that it is available for workers to consult. This is particularly useful for the internal organisation of the company and forms part of its policies, as does the holiday calendar.

Types of working hours in Spain according to the law

In contrast to the ordinary working day or full working day of 40 hours per week, there are cases in which special working days can be accommodated within the operation of a company.

1. Part-time or part-time

A worker with a part-time employment contract shall have a number of hours per day, week, month or year that is less than the working hours of a full-time worker in the same company. This number must not, in any case, exceed 30 hours per week.

Part-time by the hour is a subclassification of this modality and takes place mainly in periods in which companies are aware of a significant increase in activity, for which they need to conclude support contracts, for a specific period of time and with a fixed number of hours.

2. Night work

Night work is considered to be work performed between 10 p.m. and 6 a.m. This type of work is regulated by law. This type of working time is regulated by law as follows:

• It may not exceed eight hours per day on average, in a reference period of fifteen days.
• Workers working at night shall not be allowed to work overtime.
• It shall have a specific remuneration, determined by collective bargaining.

3. Reduced working hours

There are cases in which workers may request a reduction in working hours. Such a request must be made 15 days in advance or as determined in the applicable collective bargaining agreement.

The following are some of the cases that give rise to a reduction in the working day:

• Birth, adoption, fostering for the purpose of adoption or fostering.
• Premature birth resulting in hospitalisation following childbirth.
• Having direct care of a child under 12 years of age, a disabled person or a family member with a serious illness who is not in paid employment.
• Being a victim of gender violence or terrorism.

4. Shift work

In companies that, due to the nature of their activity, have continuous production processes, this type of working day is common. The aim is to ensure that no person is working at night for more than two consecutive weeks, unless he/she has volunteered to do so.

4-day or 7-day working week: which is better?

For some time now, Spain has been analysing the possibility of implementing a four-day, 32-hour working week. After observing success stories such as Iceland and Belgium, the country launched a pilot project to assess the relevance of the measure for Spanish SMEs.

The government's commitment has not been lacking in offering financing so that companies can guarantee their workers the full payment of their salaries. However, there are those who oppose the project, arguing that it is not applicable to all hierarchical levels in the company. In the case of management positions, for example, it is likely that the workload is not compatible with the number of hours to be introduced as a minimum.

In contrast, the 7-day working week has now been introduced. This, on the other hand, does not envisage a reduction in the number of hours people work per week, but focuses on flexible working hours. In other words, it aims to give workers the possibility to define, according to their life rhythms and other spheres that are part of their reality, when they fulfil their work obligations.

The name of the initiative has frightened more than one person. It seems to suggest the establishment of a Monday to Sunday work rhythm, which would go against the spirit of working fewer hours but being more productive.

Let's look at a table recapitulating both initiatives:

Today, technology offers companies the possibility to equip themselves with tailored tools that promote collaboration and simplify legal compliance.

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In a nutshell...

• The working time of an employee is that defined in his or her employment contract.
• In Spain, the law determines that this working day, known as the ordinary working day, cannot exceed 40 hours per week.
• However, there are other types of special working hours (part-time, night work, etc.), each of which is also regulated by law and has certain specificities.
• Along with the above classification, other models are now being studied in the country within the concept of flexible working hours in companies:
  • The 4-day working week, which provides for a 32-hour working week;
  • the 7-day working week, which contemplates the same 40 hours as always, but with the possibility of being able to do so on the days and at the times that are most convenient, while respecting certain compulsory presence schedules (physical or virtual).

Do you have any questions? Leave them in the comments!