How much time has to pass between leaving work and coming back in? Are you entitled to stop to eat? Can they make you work ten days in a row? Rest breaks at work in Spain do not depend on your supervisor’s goodwill: the Workers’ Statute (Estatuto de los Trabajadores) sets three minimum rest periods that your employer must respect. In this article we explain them one by one with an example of a work schedule.
If, after reading it, you see that your schedule does not comply, you can write to Fernanda Vargas, employment lawyer in Madrid, on WhatsApp or book an appointment on Calendly to review your case.
“That’s how it is in peak season”: Esteban’s schedule
Esteban is 29, Peruvian, holds a residence and work permit, and works as a shelf stocker in a supermarket in Valladolid. This month he took a careful look at his schedule (cuadrante) and found three things that don’t add up.
- Late finishes and early starts. Some days he leaves at 22:30, after closing and restocking, and the next day he starts at 7:00 to receive deliveries.
- Seven hours without stopping. On continuous shift days he works seven hours straight without any break.
- Ten days in a row. In the last fortnight he was scheduled to work ten days in a row before his day off.
When he asks, his supervisor replies: “We all do it this way here, that’s how it is in peak season”. But the fact that everyone does it does not make it legal. Let’s go through his schedule with the law in hand, one rest period at a time. Esteban’s hours are an example to explain the rules, but they will probably sound familiar.
12 hours between working days: the rest period most often breached
Let’s start with the first problem. If Esteban leaves at 22:30 and starts again at 7:00, only 8 and a half hours pass between one working day and the next. In that time he has to get home, have dinner, sleep, have breakfast and get back to the supermarket. It is easy to see why the law sets a minimum.
That minimum is in article 34.3 of the Workers’ Statute:
“Between the end of one working day and the start of the next, there shall be at least twelve hours.”
In plain words: from the moment you finish work until you start again, at least 12 hours must pass. The “working day” (jornada) is the time you work in a day, so the rest period is measured from when you leave one day until you start the next.
How the 12 hours are counted
The 12 hours are counted from the actual end of your working day, not from the time on the schedule. If your shift is supposed to end at 22:00 but you stay until 22:30 finishing the restocking, your rest starts at 22:30. Every minute your finish is pushed back is one minute less of rest.
In Esteban’s case, to respect the 12 hours, if he leaves at 22:30 he should not start before 10:30 the next day. Starting at 7:00 leaves him 3 and a half hours below the minimum.
Are there exceptions?
The law allows the Government to set extensions or reductions of working hours and rest periods for certain sectors and jobs with specific regulations (article 34.7 of the Statute), usually with compensatory rest, that is, giving back later the rest that was not taken at the time. So before assuming your case is a breach, it is worth checking your collective agreement and the rules for your sector. But those exceptions are not the general rule, and “that’s how it is in peak season” is not one of them.
How many hours you can work per day
The rest between working days is closely linked to the daily hours limit. The same article 34.3 goes on:
“The number of ordinary hours of effective work may not exceed nine per day, unless a different distribution of daily working time is established by collective agreement or, failing that, by agreement between the company and the workers’ representatives, in all cases respecting the rest between working days.”
Let’s break it down:
- The general rule is 9 ordinary hours of effective work per day. “Ordinary hours” are the hours of your normal working day, not overtime. “Effective work” is the time you are actually working at your job.
- The collective agreement (convenio colectivo) or an agreement can distribute the hours differently. The collective agreement is the agreement signed by unions and employers for a sector or a company. If it does not cover this, an agreement between the company and the workers’ representatives can.
- Even if the hours are distributed differently, the 12 hours between working days must always be respected. The law itself says so: no distribution of hours can eat into that rest.
In addition, the maximum working time is 40 hours per week on average, calculated over the year (article 34.1 of the Statute). “Average calculated over the year” means the yearly average is what counts: some weeks can have more hours and others fewer, but the average cannot exceed 40.
The break during the working day: when you are entitled to it and whether it is paid
Second problem in Esteban’s schedule: on continuous shift days he works seven hours straight without stopping for a moment. The law is clear here too. Article 34.4 of the Workers’ Statute says:
“Whenever the length of the continuous daily working day exceeds six hours, a rest period of no less than fifteen minutes must be established during it. This rest period shall be considered effective working time when so established, or when it is established, by collective agreement or employment contract.”
What a continuous working day is
A continuous working day (jornada continuada) is one you work in a single stretch, without splitting it in two. The opposite is a split shift, for example from 9:00 to 14:00 and from 17:00 to 20:00. The break in this article is designed for the continuous working day.
When you are entitled to the break
If your continuous working day lasts more than six hours, you are entitled to a break of at least 15 minutes. It is a minimum: your collective agreement may give you more. Esteban works seven hours straight, so he exceeds six hours and his employer has to give him that break. Working the seven hours without stopping does not comply with the law.
Is the break paid?
This is the most common question, and the answer is: it depends. The break only counts as effective working time if your collective agreement or your employment contract says so. When it is effective working time, it is paid and counts towards your working hours. When it is not, the employer still has to give you the break, but those minutes do not count as worked.
So it is not true that the break “is always paid”, nor that it “is never paid”. To find out, Esteban has to check his collective agreement and his contract. What does not depend on the agreement is the right to the break itself when the continuous working day exceeds six hours.
Weekly rest: a day and a half and how it accumulates
Third problem: ten days in a row of work before a day off. Here the answer has more nuance than it seems. It is governed by article 37.1 of the Workers’ Statute:
“Workers shall be entitled to a minimum weekly rest, which may be accumulated over periods of up to fourteen days, of a day and a half without interruption which, as a general rule, shall comprise Saturday afternoon or, where applicable, Monday morning and the whole of Sunday.”
In other words:
- You are entitled to a day and a half of rest per week, and it has to be uninterrupted, that is, in one block, without being called in to work in the middle.
- As a general rule, that day and a half is Saturday afternoon (or Monday morning) plus the whole of Sunday.
- It can be accumulated over periods of up to 14 days. Instead of a day and a half off every week, the employer can combine the rest of two weeks: three days in two weeks.
So, are Esteban’s ten days in a row legal?
They are not necessarily illegal. Since weekly rest can be accumulated over periods of up to 14 days, a schedule can have several days of work in a row if the accumulated rest is taken afterwards. The key is that, in that case, Esteban must then be given the accumulated rest days: three days in two weeks. If, within that period of up to 14 days, he does not get to take the three accumulated rest days, then there is a problem.
Be careful not to mix concepts: weekly rest is not the same as public holidays or annual leave. They are different rights, each with its own rules. If you want to know which days are public holidays next year, you can check our 2027 work calendar with public holidays and long weekends.
Under 18s: stronger rest rights
Esteban is 29, but many young people work in supermarkets and hospitality. If you are under 18, your rest rights are broader:
- Maximum of 8 hours per day of effective work.
- A break of at least 30 minutes when the continuous working day exceeds 4 and a half hours.
- Weekly rest of at least two uninterrupted days.
If you have a son or daughter under 18 who works, check their schedule against these rules, which are more protective than those for adults.
What Esteban can do: check, ask and claim
Esteban does not have to accept “that’s how it is”. These are the steps he can follow, and that you can follow if something similar happens to you.
1. Check the schedule and the working time record
The first thing is to have evidence. Check your schedule and write down your actual start and finish times every day. In addition, the daily working time record (registro de jornada) is mandatory (article 34.9 of the Statute) and is the best evidence of your actual hours. You can ask your employer for it. If you want to know more about how it works, we explain it in our article on the mandatory digital time record.
2. Check the collective agreement
The collective agreement will tell you whether your break is paid, whether you have more rest than the legal minimum and whether there is any special rule for your sector. The legal rest periods are minimums, and the collective agreement can improve them.
3. Ask for the correction in writing
Ask the employer, in writing, to correct the schedule. You can also go to the workers’ representatives (the works council or the staff delegates, if there are any). Doing it in writing leaves a record that you asked and when.
4. Go to the Labor Inspectorate
If the employer does not correct it, you can file a complaint with the Labor and Social Security Inspectorate (Inspección de Trabajo y Seguridad Social). If you are not sure how to approach it or want someone to review your schedule and collective agreement before taking that step, Fernanda Vargas can help you through her employment law service.
How Esteban’s case is resolved
- Leaving at 22:30 and starting at 7:00: that is only 8 and a half hours of rest. It breaches the 12-hour minimum between working days, unless his sector had a special rule allowing it with compensation.
- Seven hours of continuous work without a break: he is entitled to a break of at least 15 minutes. Whether it is paid depends on his collective agreement or his contract.
- Ten days in a row: not necessarily illegal, because weekly rest can be accumulated over periods of up to 14 days. But then he must be given the accumulated rest days afterwards (three days in two weeks).
Esteban can ask in writing for the schedule to be corrected, check his collective agreement, ask for the working time record and, if nothing changes, go to the Labor Inspectorate.
Summary: your three minimum rest periods in a table
| Rest period | Legal minimum | Is it paid? | What to check in the collective agreement |
|---|---|---|---|
| Between working days | 12 hours between the end of one working day and the start of the next (art. 34.3) | It is not working time: it is your free time | Whether your sector has a special rule and how it is compensated |
| Break during the working day | At least 15 minutes if the continuous working day exceeds 6 hours (art. 34.4) | Only if the collective agreement or the contract says so | Whether the break is effective working time and whether it lasts more than 15 minutes |
| Weekly rest | A day and a half without interruption, which can be accumulated over periods of up to 14 days (art. 37.1) | It is not working time; your collective agreement and your payslip show how it is reflected in your salary | Whether it improves the rest and how days off are organized in the schedule |
If you are under 18, remember: a maximum of 8 hours per day, a 30-minute break if the continuous working day exceeds 4 and a half hours, and two days of weekly rest.
Frequently Asked Questions
How many hours must pass between one shift and the next?
At least 12 hours between the actual end of one working day and the start of the next. If you leave later than planned, the rest is counted from when you actually left. Some sectors may have special rules, usually with compensatory rest, so it is worth checking your collective agreement.
Am I entitled to a break to eat or have lunch?
Yes, if your continuous working day lasts more than six hours: in that case you are entitled to a break of at least 15 minutes. If your continuous working day lasts six hours or less, the law does not give you that break, although your collective agreement could. If you are under 18, the break is at least 30 minutes when the continuous working day exceeds 4 and a half hours.
Is the snack break paid?
It depends. The break only counts as effective working time, and is therefore paid and counted towards your working hours, if your collective agreement or your employment contract says so. If they do not, the employer still has to give you the break, but it does not count as time worked.
Can they make me work ten days in a row?
It can be legal, because the weekly rest of a day and a half can be accumulated over periods of up to 14 days. But in that case you must be given the accumulated rest afterwards: three days in two weeks. If you work ten days in a row and then do not get that rest back, your right is not being respected.
What is the maximum number of hours I can work in a day?
As a general rule, 9 ordinary hours of effective work per day. The collective agreement or, if it does not cover this, an agreement between the company and the workers’ representatives can set a different distribution, but always respecting the 12 hours of rest between working days and the average of 40 hours per week calculated over the year. If you are under 18, the maximum is 8 hours per day.
Does your schedule look like Esteban’s? Write to Fernanda Vargas, employment lawyer in Madrid, on WhatsApp or book an appointment on Calendly and you can go through your hours, your collective agreement and how to make a claim together.