How many extra hours can workers perform? Legal limits and keys for companies

 

In Spain, the regulations establish a clear limit: workers cannot perform more than 80 extra hours per year, not counting those necessary due to force majeure. Exceeding this limit can lead to fines of up to 7,500 euros for the company.

Furthermore, as a general rule, the performance of overtime is voluntary, unless there is force majeure or it has been expressly agreed upon in the contract or collective agreement.

Can an employer force an employee to work overtime?

Outside of agreed circumstances, the employee can accept or reject the company's proposal, even if it involves completing a pending task. Similarly, the employee can request to work overtime, and the company can refuse.

If the agreement or contract do not establish anything, overtime must be expressly agreed upon by both parties.

The importance of timekeeping

Keeping a record of working hours is mandatory and must include the specific start and end times. This obligation not only ensures internal control, but is also essential to be able to prove the actual performance of overtime in case of potential claims.

When an employee judicially claims payment for overtime, it is up to them to prove its daily and hourly performance. However, if those extra hours are worked continuously, it will be the company's responsibility to prove that they were not performed.

How are overtime hours compensated?

Overtime hours can be:

• paid at a fixed rate (never lower than the value of the regular hour), or

• compensated with equivalent paid time off.

If there is no agreement, it is understood that they must be compensated with time off within the following four months.

This remuneration concept is independent and cannot be offset with other wages, nor absorbed within a global salary.

What concepts should be included in the calculation?

All salary concepts are part of the calculation.
Job position supplements (night shifts, holidays, hazardous conditions, etc.) are only included if the overtime is performed under those specific conditions.

The value of the extra hour includes proportionally allowances, vacations, and holidays resulting from effective work.

Overtime hours are a useful tool, but their use must be controlled and properly documented. It is not only a matter of regulatory compliance, but also of responsible labor management.