If you have a part-time contract in Spain and every week you end up working much more than your contract says, this matters to you. It happened to Daniela, a room attendant with a permanent contract for 20 hours a week at a hotel in Benidorm. On paper, she worked only mornings from Monday to Friday. In practice, almost every week she ended up working between 32 and 35 hours.
The head housekeeper would message her on WhatsApp the night before: «Stay until you finish the rooms.» Sometimes those extra hours were paid to her in cash. Her payslip still showed 20 hours. And they never gave her a monthly summary of her working hours. The day she said she could not stay, they hit her with a phrase that is very frightening: «There will be consequences.»
If you are in a similar situation and want to review your case, you can write to Fernanda Vargas on WhatsApp or book an appointment on Calendly.
«Stay Until You Finish the Rooms»: Daniela’s 20-Hour Contract
First, we need to put things in order. Daniela does not have a problem of a «one-off favor» or «helping a bit more.» She has a 20-hour-a-week contract and a very different working reality. That difference matters a lot, because the law does not treat all extra hours the same way.
In her case, there are three key facts. First: she has not signed any supplementary hours agreement. Second: the notices arrive the night before. Third: the company does not give her the monthly summary of hours together with her payslip. With those three facts, you can already understand why the warning that «there will be consequences» does not make those hours mandatory.
Also, her case is useful for doing simple math. With a contract for 20 hours a week, the general maximum for agreed supplementary hours would be 6 hours a week. And voluntary supplementary hours would be 3 hours a week. Those figures do not mean they can always ask you to work them. They mean that, if certain requirements are met, those would be the general limits for a contract like hers.
Let’s look at it in the way that matters to Daniela and to you: when they can ask you to work more hours, when you can refuse without fear of a disciplinary sanction, and what you can claim if you are actually working much more than what appears in your contract.
What a Part-Time Contract Is and What It Must Say in Writing
Imagine that your contract says 20 hours a week. In simple terms, that means your agreed working time is less than that of a comparable full-time worker. This is not a minor detail: it determines how many ordinary hours you must work and places limits on what the company can later ask of you.
In a part-time contract, it is not enough just to state a generic number. It must be in writing and it has to make clear how many ordinary hours you have agreed to work and how they are distributed. In Daniela’s case, that distribution was mornings, Monday to Friday. If the contract does not properly specify those details, the consequence can be very important.
«The contract must state the number of ordinary working hours agreed per day, per week, per month, or per year, as well as the way in which they are distributed, as provided in the collective bargaining agreement. If these requirements are not observed, the contract shall be presumed to have been entered into on a full-time basis, unless evidence to the contrary proves the part-time nature of the services.»
Put clearly: if those essential details are missing, the law starts from an interpretation favorable to the worker. It presumes that the contract is full-time, unless the company proves otherwise. That is why it is so important to review not only how many hours the contract states, but also whether their distribution appears in it.
For Daniela, this is the starting point: if her contract says 20 hours, the company cannot behave as if it had an open pool of hours to use according to hotel occupancy. From there, only the options permitted by law are possible.
No Overtime: The Rule Many People Do Not Know
Daniela is sometimes told to stay longer and, in many workplaces, people thoughtlessly call that «overtime.» But in a part-time contract, it is important to clearly separate two concepts, because they are not the same thing.
- Overtime hours: these are the hours that exceed the maximum working day.
- Supplementary hours: these are additional hours added to a part-time contract, but only within the specific rules laid down by law.
The general rule for someone working part-time is very clear: they cannot work overtime. The only exception is when it is necessary to prevent or repair accidents and other urgent damage. In other words, high season, poor service organization, or a regular lack of staff are not valid excuses.
That changes Daniela’s case considerably. If every week she works 12 or 15 hours more than agreed in order to keep up with the hotel’s ordinary workload, we are not dealing with an exceptional urgent situation. So those hours cannot be justified as ordinary overtime.
That is why, when a company wants to increase the working time of someone on a part-time contract, the right question is not «can they work overtime?» but «are the rules on supplementary hours being met?» And that is where the real limits begin.
Agreed Supplementary Hours: When They Can Require Them and How Many
Let’s go back to the hotel. If Daniela had signed a specific supplementary hours agreement, the company could require her to work some additional hours. But only some. And only if several conditions are respected. Without that agreement, the company cannot force her to stay until she finishes the rooms.
«The employer may require the performance of supplementary hours only where this has been expressly agreed with the worker.» […] «The agreement must necessarily be formalized in writing.»
That agreement is not valid for just any part-time contract. It may only be signed for contracts of at least 10 hours a week on an annual average basis. In addition, it must specify how many supplementary hours may be required. And it is not enough to notify you in any way and at any time.
- There must be an express written agreement.
- It is only possible in contracts of at least 10 hours a week on an annual average basis.
- The general maximum is 30% of the ordinary hours.
- The collective bargaining agreement (convenio colectivo) may raise that limit, but only up to 60%.
- You must be informed of the day and time with at least 3 days’ notice, unless the collective bargaining agreement sets a shorter period.
- In addition, working time and rest limits must be respected.
- The total of ordinary and supplementary hours cannot exceed the working time of a comparable full-time worker.
With Daniela’s contract, the basic calculation is easy. 30% of 20 hours is 6 hours. Therefore, if there were a written agreement, the general maximum of agreed supplementary hours would be 6 hours a week. Only if her collective bargaining agreement had increased that percentage could it be raised, and never above 60% of the contracted hours.
But there are two obvious problems in her story. The first is that she did not sign any written agreement. The second is that the head housekeeper notifies her the night before, and the general rule requires 3 days’ notice, unless the collective bargaining agreement establishes a shorter period. So even if there were an agreement, that last-minute notice could breach the law.
«In the event of non-compliance with such rules, the worker’s refusal to perform the supplementary hours, despite their having been agreed, shall not constitute sanctionable conduct in employment.»
Translated: if there is no written agreement, if they ask you for more than the maximum allowed, or if they do not respect the notice period, refusing is not sanctionable conduct. In Daniela’s case, this is central. Since she did not sign an agreement, the company cannot require those hours from her as if they were mandatory.
Voluntary Supplementary Hours: You Can Say No
Here is the other piece of the puzzle. Even though Daniela does not have a written supplementary hours agreement, her company could still offer her some additional hours because her contract is permanent and exceeds 10 hours a week. But offering is not the same as imposing.
«the number of which may not exceed fifteen percent, which may be increased to thirty percent by collective bargaining agreement, of the ordinary hours under the contract. The worker’s refusal to perform these hours shall not constitute sanctionable conduct in employment.»
These are called voluntary supplementary hours. They exist only in permanent part-time contracts of at least 10 hours a week. The company may offer them to you, but you decide whether to accept them or not.
With 20 hours a week, 15% is 3 hours. So, in Daniela’s case, the company could only offer her 3 voluntary hours a week as a general rule. If her collective bargaining agreement increased that percentage, the limit could be higher, but it does not apply automatically: it depends on what that agreement says.
And here is the answer many people need to hear clearly: if those hours are voluntary, you can say no and they cannot sanction you for it. That threat of «there will be consequences» does not turn an offer into an obligation.
That said, it is also not advisable to oversimplify. Not all supplementary hours can simply be rejected. If there is a valid written agreement, the contract allows that agreement, the limits are not exceeded, and the required notice is respected, then those agreed hours can indeed be enforceable. That is why you should always distinguish between agreed and voluntary.
How They Are Paid and Why They Must Be Included for Social Security Contributions
Another very common scenario: you work more hours, but your payslip still shows the same 20. Sometimes they pay part of it in cash, as if that meant it did not count. It does count. And it harms you.
«Supplementary hours actually worked shall be paid as ordinary hours and counted for the purposes of Social Security contribution bases»
This means that supplementary hours worked are paid as ordinary hours. They are not free hours. And they must also be included for Social Security (Seguridad Social) contributions. If they are paid to you off the payroll, those hours may go unreported for contribution purposes, and that affects your future benefits.
In Daniela’s case, the fact that she is sometimes paid for hours in cash and with no record on her payslip not only harms her today in terms of wages. It can also harm her tomorrow in terms of contributions. And, for a foreign national, leaving real work out of the official records can also make it harder to prove their employment activity.
If you work more, those hours should normally appear in the time record and on the payslip. If they do not, it is advisable to review your case as soon as possible.
If the Company Does Not Record Your Hours, Your Contract Is Presumed Full-Time
This is the strongest point in Daniela’s case. She is not only working more than her contract says. In addition, the company never gives her the monthly summary of hours together with her payslip. And that has a very serious legal consequence.
The working hours of part-time workers must be recorded day by day and totaled monthly. And the company must give a copy of the monthly summary together with the wage receipt. If you want to better understand how this obligation works in practice, you can also read this guide on mandatory digital time recording.
«In the event of non-compliance with the aforementioned recording obligations, the contract shall be presumed to have been entered into on a full-time basis, unless evidence to the contrary proves the part-time nature of the services.»
In simple words: if the company does not comply with that record-keeping requirement and with the delivery of the monthly summary, the law works in the worker’s favor. It is presumed that the contract was full-time, unless the company can prove otherwise. In other words, the burden of proof changes.
For Daniela, this may be her strongest argument. If her payslip says 20 hours, but she works many more and does not receive the monthly summary, she can claim on the basis of that presumption. It does not mean that she automatically wins any claim, because the company could still try to prove the part-time nature of the work. But it does mean that the lack of proper records harms the company, not her.
What Daniela Can Claim and How to Do It
If you were in Daniela’s position, it is not a good idea to stay only with the feeling of unfairness. It is better to gather evidence and organize a claim. The first goal is to prove the actual hours. The second is to ask for them to be paid and included correctly for contribution purposes. And the third is to assess whether it is appropriate to claim full-time status because of the lack of records.
- Keep the evidence: WhatsApp messages with instructions, schedules, photos of clock-ins, notes of start and finish times, witnesses, and your own day-by-day record of hours.
- Request in writing the working time records and monthly summaries.
- Claim in writing the wage and contribution differences if you have worked more than what appears on your payslip.
- Bear in mind the time limit for monetary claims: unpaid amounts may be claimed during the year following the date on which they should have been paid.
- If there is no agreement, prior conciliation can be attempted before the mediation service of the autonomous community, and then the case can be brought before the Labor Court.
- You can also file a complaint with the Labor Inspectorate.
In Daniela’s case, her practical goal would be to claim the wage and contribution differences for the hours actually worked. And, in addition, to rely on the presumption of full-time work because of the lack of records and monthly summaries. That may open the door to claiming the difference up to the full-time salary and full-time contributions for amounts from the last year.
Very important: do not delete messages, do not throw away schedules, and do not trust that «they will sort it out for me next month.» The sooner you start keeping evidence, the better. If you want to review your specific situation before making a claim, the most prudent course is to consult Fernanda Vargas.
Practical Example: a 20-Hour Contract in a Table
| Type of hours | With a 20-hour-a-week contract | Can they be required? | Practical key point |
|---|---|---|---|
| Ordinary hours | 20 hours | Yes, they are the contract hours | They must appear in writing with their distribution |
| Agreed supplementary hours | General maximum: 6 hours a week | Only if there is an express written agreement and the rules are met | The collective bargaining agreement may increase the percentage up to a maximum of 60%; minimum notice of 3 days unless the collective bargaining agreement sets less |
| Voluntary supplementary hours | General maximum: 3 hours a week | No; they may only be offered in permanent contracts of at least 10 hours a week | Refusing is not sanctionable; the collective bargaining agreement may increase the percentage up to 30% |
| Overtime hours | Not as a general rule | No, except to prevent or repair accidents and other urgent damage | They cannot be used to routinely cover understaffing or high season |
If you apply this table to Daniela’s case, the result is very clear: since she did not sign a written agreement, the company cannot require agreed supplementary hours from her. It could only offer her voluntary hours, with the general limit of 3 hours a week under her 20-hour contract, or the higher percentage set by her collective bargaining agreement if there is one. And if she says no, they cannot sanction her for that.
Frequently Asked Questions
If my contract is for 20 hours, how many extra hours can they ask me to work?
It depends on what type of hours they are and whether the requirements are met. If there is a written supplementary hours agreement and your contract allows that agreement, the general maximum is 6 hours a week in a 20-hour contract. If they are voluntary supplementary hours in a permanent contract of at least 10 hours a week, the general maximum is 3 hours. Your collective bargaining agreement could increase those percentages, but it does not always apply: it must be checked. Overtime hours, no, except to prevent or repair accidents and other urgent damage.
Can I refuse to stay longer?
Yes, if the company does not comply with the rules. For example, if there is no written supplementary hours agreement, if they ask you for more hours than allowed, or if they do not respect the applicable minimum notice period. You can also refuse voluntary supplementary hours, and that refusal is not sanctionable. Different would be the case of supplementary hours that have been properly agreed, within the limits, and with due notice: in that case they can be enforceable.
Are the extra hours paid the same as normal hours?
Supplementary hours actually worked are paid as ordinary hours and must be included for Social Security contributions. If they pay you in cash without showing them on your payslip, that can harm you in terms of wages, contributions, and future benefits.
What happens if my payslip says 20 hours but I work 35?
It is advisable to gather evidence of the actual hours and make a claim. You can request the working time records and monthly summaries, claim the wage and contribution differences, and, if necessary, go to conciliation, file a lawsuit, or report it to the Labor Inspectorate. If, in addition, the company does not record your working day day by day or does not give you the monthly summary, the law presumes that the contract is full-time, unless the company proves otherwise.
Can they change me to part-time without my permission?
«The conversion of full-time work into part-time work and vice versa shall always be voluntary for the worker and may not be imposed unilaterally»
No. Moving from full-time to part-time, or from part-time to full-time, is a voluntary decision for the worker. The company cannot impose it on you unilaterally or punish you for refusing.
In Daniela’s story, the conclusion is this: without a written agreement, the company cannot require her to stay longer as if it were mandatory. It could only offer her voluntary hours within the legal limit, and if she refuses they cannot sanction her for that. In addition, because they do not give her the monthly summary of hours, she has a very strong argument for making a claim. If you want to review your case or your company’s situation safely, you can write to Fernanda Vargas on WhatsApp or book an appointment on Calendly.