Nadia left work with the same phrase running through her head: “What you study is your own business; you come here to work.” She has been working for three years as an administrative assistant at a transport company in Murcia. She wants to complete an advanced vocational training qualification in Administration and Finance online. She also wants to take an accounting course using the same software her company uses. And, on top of that, the company has changed its billing system and has told her to learn how to use it on her own, at home. If you see yourself in Nadia’s situation, this topic matters to you a great deal. And if you want to review your case with Fernanda Vargas, employment lawyer in Madrid, you can write to her on WhatsApp or book an appointment on Calendly.
“What You Study Is Your Own Business”: Nadia’s Plan
Nadia is not asking for a favor. She is trying to organize two things at once: her job and her future. She works the afternoon shift. She studies online. Her exams are in person twice a year. And, to grow within her profession, she wants to improve her accounting skills.
That is why she makes three very specific requests to her manager: to move to the morning shift, to have her exam days off, and to take an accounting course related to the work she already does at the company during working hours.
The company’s response combines two very common mistakes. The first is thinking that studying is always a worker’s private matter. The second is believing that all training can simply be sent home, outside working hours.
That is not the case. Article 23 of the Workers’ Statute [Estatuto de los Trabajadores] recognizes several different rights. Some are for studying toward a qualification. Others are for training in matters related to the company’s activity. And another requires the company to provide you with the necessary training when your role or the way you do your job changes.
The key, as in Nadia’s case, is to clearly separate each right. Not everything falls within the same 20 hours. Not everything depends on the same requirement. And not everything is paid in the same way.
The Right Almost No One Uses: 20 Paid Training Hours a Year
Start with the clearest part of Nadia’s situation: the accounting course using the software her company uses. Here we are not talking about a training contract. We are talking about a right you may have even if your employment contract is a standard one.
“Workers with at least one year of service at the company are entitled to paid leave of twenty hours per year for vocational training for employment, linked to the company’s activity, which may be accumulated over a period of up to five years.”
Put into plain language: if you have been with the company for at least one year, you can request 20 hours a year for training, and those hours are paid. In other words, they are paid as working time. But not just any course will do. The training must be linked to the company’s activity.
In Nadia’s case, the fit is quite natural. She works as an administrative assistant and wants to take an accounting course using the software her company uses. That connection with the company’s activity is exactly what the law requires.
Also, Nadia has been with the company for three years. She more than meets the length-of-service requirement. Therefore, she can rely on this paid leave of 20 hours per year.
What “Vocational Training for Employment” Means
In this context, the expression refers to training aimed at improving your qualifications for work, always connected to the company’s activity. It is not a catch-all category that includes any personal course of study. That is why Nadia’s accounting course may fit here, while other studies will only be covered through other parts of Article 23 itself, such as exams or shift preference.
What It Means for It to Be “Paid”
It means those 20 hours do not come out of your vacation time or your salary. They are paid time. That is precisely why it is advisable to request the specific course, its dates, and its connection to the company’s activity, so there is no doubt about the right you are exercising.
What Training Counts and How It Accumulates
Nadia wants to know not only whether she has 20 hours this year, but also what happens to the hours from previous years. The law says they may be accumulated for up to five years. “Accumulated” means exactly that: if you have not used them, you can add them up within that limit.
So, a person who meets the requirements and has not used those hours can build them up over several years, with a maximum of five. In practice, that makes it possible to concentrate more training time when the course requires it. In Nadia’s case, since she has been with the company for three years, accumulation may be a very useful point when organizing a course that requires more dedication.
But there are two important limits. The first: the right is considered satisfied if the company already allows you to take that training under its own training plan or one agreed through collective bargaining. In other words, if the company already offers those training activities within that framework, they cannot also be demanded as though they did not exist.
The second limit is also key: these 20 hours do not include training that the company is already legally required to provide under other laws. A common example is training that a legal rule requires the company to provide at its own expense. That is not deducted from these hours.
That is why it is advisable to clearly distinguish between three scenarios. One: training you request that is linked to the company’s activity. Two: training the company already offers under its own plan or one agreed through collective bargaining. Three: training the company must provide by law. Not everything belongs in the same category.
If, in your case, the course is part of a broader process, for example because you also need to move forward with the recognition of a foreign qualification in Spain, it is advisable to keep the issues separate: one thing is your academic or professional goal, and another, different matter is the labor right to use paid training hours when the course is linked to the company’s activity.
How the Leave Is Arranged in Practice
The law does not leave this point hanging. First, you have to look at the applicable collective bargaining agreement [convenio colectivo], because it may specify how these hours are to be used. And if the agreement says nothing, the way the leave is taken must be set by mutual agreement between the worker and the company. That detail matters a great deal: it is not a matter of one side imposing things without discussion or the other shutting the door with a phrase.
In Nadia’s case, that means the company should not simply dismiss her request out of hand. If the applicable agreement regulates the leave, that regulation must be followed. If it does not, then it is a matter of agreeing how the hours will be used.
If You Are Studying for a Qualification: Exams, Shifts, and Remote Work
Now return to the other part of Nadia’s plan: her advanced vocational training qualification in Administration and Finance. Here the right does not depend on the studies being linked to the company’s activity in the same way as the 20 hours. Here the key is different: that you are regularly pursuing studies to obtain an academic or professional qualification.
If you are in that situation, the Statute recognizes several rights. The first is the right to the leave necessary to sit exams. Nadia, therefore, can request the necessary leave to attend her in-person exams.
There is an important nuance: the Statute recognizes that leave, but it does not say whether it is always paid. So nothing should be taken for granted here. To know whether the exam day is paid or not, the applicable collective bargaining agreement must be reviewed.
The second right is preference in choosing a work shift. Pay attention to the word “preference.” It does not mean an automatic change, nor does it mean the company is free to ignore it. It means that, if you are regularly studying for a qualification, your shift request must be considered with that preference. In Nadia’s case, asking to move from the afternoon shift to the morning shift fits exactly within this point.
The third right is access to remote work, but only if that arrangement already exists in the company and only if your role or duties are compatible with that way of working. It is not a right to demand remote work in any company and for any position. It is a conditional right.
Adjusting Working Hours to Attend Courses
Article 23 also recognizes the right to adjust ordinary working hours in order to attend vocational training courses. This can be very useful when the problem is not missing one specific day for an exam, but reorganizing your schedule so you can follow a course on an ongoing basis.
If you need to change your schedule in order to study, it may help to better understand how working-time adjustment in Spain works. In any event, it is advisable to make the request clearly and in writing, explaining the course and the schedule arrangement you need.
Training Leave With Job Reservation
In addition, the Statute recognizes the granting of appropriate training or professional development leave with reservation of the job position. Put simply: this is leave linked to your training and with the guarantee of keeping your job. The law recognizes that right, although the specific way it applies should be reviewed in the collective bargaining agreement and in the circumstances of each case.
Looking at everything together, Nadia can do more than just ask to attend her exams. She can also ask for her shift change to be considered with the preference the law recognizes because she is regularly studying for a qualification. And, depending on the case, she may request a working-time adjustment or training leave.
When Your Role Changes: Training at the Company’s Expense
Nadia’s billing software is changed and she is told to learn it at home, on her own. Here the legal answer is quite straightforward: that training is not “a favor” and not her private burden.
When changes are made to your position, you are entitled to the training necessary to adapt to those changes. And that training is at the company’s expense. In addition, the time spent on it is in all cases considered actual working time.
That means the company cannot simply tell you to learn the new software outside your working hours and without compensation, as if it were your problem. If the change affects the way you do your job, the necessary training must be provided by the company and count as work.
In Nadia’s case, this part is very clear: learning the new billing system is not a hobby or a voluntary improvement. It is necessary training to adapt to a change made to her position. Therefore, it is the company’s responsibility and counts as actual working time.
Notice the difference from the 20 annual hours. There we are talking about paid leave for vocational training for employment linked to the company’s activity. Here we are talking about training necessary to adapt to changes in the position. They are different rights, with different logic.
How to Request It in Writing (and What to Do if They Say No)
If Nadia wants to properly protect her rights, the best thing is not to argue in the hallway. The advisable course is to request it in writing, by email or by letter with proof of receipt. That way, it is clear what you requested, when you requested it, and what the company replied.
In that request, it is advisable to separate each request:
- The specific course you want to take.
- Its connection to the company’s activity, if you are requesting the 20 paid hours under Article 23.3.
- The dates or periods when you need to take it.
- The exams you need to attend, if you are requesting leave to sit them.
- The request for shift preference or working-time adjustment, if you are regularly studying for a qualification.
- The reference to Article 23 of the Workers’ Statute.
It is also advisable to review the applicable collective bargaining agreement. The law says that the specific arrangements for taking the leave may come from the agreement. And, if the agreement says nothing about the 20 hours, then it must be set by mutual agreement between the worker and the company.
And what if they say no? Keep the response. If the refusal is not justified, it may be important in order to bring a claim with legal advice. At that point, a professional analysis of the agreement and the specific situation makes all the difference. If you need help, Fernanda Vargas, employment lawyer in Madrid, can review your case through her employment law service.
For Nadia, a properly framed request should distinguish at least three blocks: the 20 paid hours for the accounting course linked to the company’s activity, the leave and shift preference for her vocational studies, and the requirement that training in the new billing software be provided at the company’s expense and as working time.
Summary: Your Training Rights, Requirements, and Whether They Are Paid
To avoid mixing up different rights, this table can serve as a quick guide:
| Right | Key Requirement | Is It Paid? |
|---|---|---|
| 20 annual hours of vocational training for employment | At least one year of service and training linked to the company’s activity | Yes, it is paid leave |
| Accumulation of those 20 hours | Not having used them and accumulating them within the limit of up to five years | Yes, when taken as paid leave |
| Leave to sit exams | Regularly pursuing studies to obtain an academic or professional qualification | The Statute does not specify; you must check the collective bargaining agreement |
| Preference in choosing a shift | Regularly pursuing studies to obtain an academic or professional qualification | It is not leave; it is an organizational preference |
| Access to remote work | That this arrangement exists in the company and that the position or duties are compatible | It is not leave; it depends on work organization |
| Adjustment of working hours to attend vocational training courses | Need to adjust working hours in order to attend the course | It is not, in itself, a pool of paid hours; it is a working-time adjustment |
| Training or professional development leave with job reservation | Request for leave for training or professional development | Article 23 recognizes it, but does not specify here whether it is paid |
| Training to adapt to changes in the position | That changes have been made to the job position | Yes; it is at the company’s expense and counts as actual working time |
If you return to Nadia’s case, the outcome is quite orderly. She can request the 20 paid hours for the accounting course because of her length of service and because the course is related to the company’s activity. She can accumulate them within the legal limit. She can request the necessary leave for her exams and preference in choosing a shift because she is regularly studying for a qualification. And she does not have to learn the new billing software at home and on her own: that training is the company’s responsibility and is working time.
Frequently Asked Questions
Am I Entitled to Paid Hours for Training?
Yes, if you meet the requirements of Article 23.3 of the Statute. You need at least one year of service at the company, and the training must be linked to the company’s activity. In that case, you are entitled to 20 hours of paid leave per year for vocational training for employment.
That said, if the company already offers you that training under its own training plan or an agreed one, the right is considered satisfied in all cases. And those 20 hours do not include training that the company is already legally required to provide you under other laws.
Can I Accumulate the 20 Hours Over Several Years?
Yes. The law says they may be accumulated over a period of up to five years. In other words, if you have not used them, you can keep adding them up within that limit.
How those hours are taken will depend on what your collective bargaining agreement says. And, if the agreement does not specify it, it must be set by mutual agreement between you and the company.
Will I Be Paid for the Exam Day?
It depends on the applicable collective bargaining agreement. The Statute recognizes the leave necessary to sit exams when you are regularly pursuing studies to obtain an academic or professional qualification, but at that point it does not say whether that leave is paid.
That is why you should not assume either that it is always paid or that it is never paid. You need to review the agreement and, if necessary, assess the specific case.
Can I Ask to Change Shifts Because I Study?
Yes, if you are regularly pursuing studies to obtain an academic or professional qualification. The law gives you preference in choosing your work shift.
That does not mean the change is automatic in every circumstance, but neither does it mean the company can ignore your request without considering it. The proper course is to request it in writing and explain your studies and the schedule arrangement you need.
What Course Can I Take With Those Hours?
The course must be vocational training for employment and must be linked to the company’s activity. That connection is essential. A clear example would be training related to the tasks you perform or to tools used in your work.
If you have doubts about whether a specific course fits or about how to request it without confusing it with other rights under Article 23, you can contact Fernanda Vargas on WhatsApp or book an appointment on Calendly.