Referring back to our publication of 12 September 2024, we present some updates regarding the regulation of the reduction of the working week in Spain for 2025, with the aim of continuing to guide Spanish businesses.
Recap:
On 4 February 2025, the Council of Ministers approved the reduction of the working week to 37.5 hours through a Draft Bill, following an agreement reached between the Government and the trade unions CCOO and UGT.
This agreement was reached through negotiations between the Government and the most representative trade unions, Comisiones Obreras (CCOO) and the Unión General de Trabajadores (UGT). Despite this initial approval, the reform has not yet been definitively passed, as it remains subject to parliamentary processing. The following steps must still take place:
- Approval of the text in a “second round” by the Council of Ministers.
- Commencement of the urgent legislative process in the Cortes Generales.
- Publication of the Bill by the Congress of Deputies, followed by a period for submitting amendments.
- Debate in the Plenary Session, with the Senate deciding whether to approve the text, approve amendments, or veto the proposal.
The conclusion is that, although the reform has already progressed significantly, its final approval may take several months. Nevertheless, the Ministry of Labour has expressed its intention that all collective agreements should adapt the working week to 37.5 hours before 31 December 2025, indicating that the reform could come into force before the end of this year.
Structure of the Draft Bill:
- Article 1: Amendments to the Workers’ Statute.
- Article 2: Amendments to the Law on Infringements and Sanctions in the Social Order.
- Three additional provisions.
- Three transitional provisions.
- Four final provisions.
Key Developments in the Proposed Legislation:
Reduction of the Working Week to 37.5 Hours
One of the key aspects of this reform is the reduction of the working week from 40 to 37.5 hours. This modification does not entail a salary reduction, as remuneration must remain as agreed for the 40-hour working week. This reduction is incorporated into Article 34.1 of the Workers’ Statute, which has been amended to state:
New Article 34.1 of the Workers’ Statute:
“The duration of the working day shall be as agreed in collective agreements or employment contracts. The maximum duration of the ordinary working day shall be thirty-seven and a half hours per week of effective work on average over the year.”
Automatic Conversion of Part-Time Contracts:
If a part-time contract has a working time equal to or exceeding 37.5 hours, it will be automatically converted into a full-time contract.
Mandatory Working Time Recording
To ensure the proper implementation of the reduction of the working week, companies will be required to adopt a digital working time recording system.
New Article 34 bis of the Workers’ Statute:
Employers must maintain a daily record of employees’ working hours using digital means.
Mandatory Measure for All Companies:
Businesses that still use paper-based records must transition to digital systems to comply with the new legal requirements.
Sanctions for Non-Compliance:
The Labour Inspectorate will have access to these records to verify compliance. Furthermore, failure to comply with this obligation will be classified as a serious infringement under Article 7.5 of the Law on Infringements and Sanctions in the Social Order (LISOS), with penalties imposed per affected employee.
Right to Digital Disconnection
The Draft Bill also amends Article 20 bis of the Workers’ Statute to regulate the right to digital disconnection, ensuring that employees can disconnect outside their working hours without being required to use electronic devices beyond their contractual working hours. This provision is particularly relevant for remote workers.
This right is non-waivable, and it is the employer’s obligation to guarantee its enforcement. The measure aims to protect employees’ privacy and well-being, mitigating the negative effects of digital work outside working hours.
Consequences of Non-Compliance with the Reform
The Draft Bill establishes in its first transitional provision a deadline of 31 December 2025 for businesses to adapt their working hours and implement the new measures. Failure to comply may result in fines ranging from €1,000 to €10,000, depending on the severity of the infringement and the risk it poses to employees’ rights.
Furthermore, as mentioned previously, non-compliance with the measures, particularly those relating to working time recording, could lead to sanctions per affected worker, further reinforcing the obligation for companies to comply with the new regulations.
Conclusion
In summary, despite the uncertainty regarding the exact date of entry into force, it is essential for businesses to proactively assess how to adapt to this new legal framework. Ensuring compliance within the established deadlines will be crucial to minimising the risk of breaches and avoiding potential legal and financial consequences.
