Resident doctor (MIR) on-call shifts in Spain are going to change. Royal Decree 951/2026, published in the Official State Gazette (BOE) on November 6, 2026, reforms the employment relationship of residents training as specialists in Health Sciences: it caps each on-call shift at 17 hours, sets a monthly limit on on-call shifts, strengthens rest periods, lowers the ordinary working week to 35 hours and raises the training level supplement (complemento de grado de formación) from the first year of residency.
The key is the timeline: not everything applies at once. Some guarantees already apply from November 7, 2026, the new training level supplement arrives on January 1, 2027 and the limits on on-call shifts and working hours do not apply until September 1, 2027.
If you are a resident and have questions about your on-call shifts, your rest periods or your payslip, you can write to Fernanda Vargas on WhatsApp or book an appointment on her Calendly. Fernanda Vargas, employment lawyer in Madrid, can review your specific situation.
What Royal Decree 951/2026 Approves for Resident Doctors
Residents (MIR and the other Health Sciences specialties trained through the residency system) do not have an ordinary employment contract. Theirs is a special employment relationship, governed by Royal Decree 1146/2006 of October 6. Its articles on working hours, on-call shifts and pay still had their original 2006 wording.
Royal Decree 951/2026 of November 4, approved by the Council of Ministers on November 3 on the joint proposal of the Ministries of Health and Labor, amends that royal decree. Its preamble explains that problems had been identified in the organization of working time, related to longer working days, high-intensity on-call shifts and activity planning, with a direct impact on the professional’s well-being, the training process and patient safety.
These are the main changes:
- Each on-call shift lasts a maximum of 17 hours of actual work.
- A general limit of 68 on-call hours per month (four 17-hour modules), which can only be extended in the cases and with the safeguards set by the rule.
- A maximum ordinary working week of 35 hours on average, and a combined maximum of 45 hours per week adding ordinary hours and on-call shifts.
- Rest periods of 12 hours between working days and 24 hours per week, which become non-waivable.
- Mandatory time recording, with the right to see your own record.
- Training level supplement from the first year, with higher percentages in every year.
- A supplement of up to 100% of pay during sick leave, birth leave and other protected situations.
Timeline: What Applies Now, What Comes in January and What in September 2027
The royal decree enters into force on November 7, 2026, the day after its publication. But its sole final provision postpones the two most important parts:
a) The amendment of article 5 of Royal Decree 1146/2006 of October 6 shall apply from September 1, 2027.
b) The amendment of section 1 of article 7 of Royal Decree 1146/2006 of October 6 shall apply from January 1, 2027.
Article 5 is the one on working hours, rest periods and on-call shifts. Article 7.1 is the one on pay. In practice, the timeline looks like this:
| From | What applies |
|---|---|
| November 7, 2026 | Right to know how your working hours are distributed and to at least two months’ notice of changes; new incompatibility rules; adapted working hours for health reasons; risk prevention and transfer for health reasons; giving up a residency place in one specific case within the same call. |
| January 1, 2027 | New training level supplement (from the first year) and supplement of up to 100% during sick leave and other situations. |
| September 1, 2027 | On-call shifts of 17 hours maximum, monthly limit on on-call shifts, 35-hour ordinary working week, combined maximum of 45 hours, new rest periods and time recording. |
Until August 31, 2027, article 5 continues to apply in its previous wording: an ordinary working week of up to 37.5 hours on average calculated over six months, 12 hours of rest between working days and a maximum of seven on-call shifts per month. In other words, the 17-hour limit per on-call shift cannot yet be enforced today.
MIR On-Call Shifts: 17 Hours Maximum and a Monthly Limit
The rule calls the on-call shift an “on-call working day” (jornada de guardia) and regulates it with new rules in article 5.5 of Royal Decree 1146/2006. From September 1, 2027:
- Only if the program justifies it. The specialty’s training program must expressly justify the need for on-call shifts.
- It is additional. The on-call shift is added to the ordinary working day; it does not replace it.
- 17 hours maximum. Each center sets the length of the on-call shift, but it cannot exceed 17 hours of actual work.
- Ordinary day and on-call shift back to back. If the ordinary working day and the on-call shift run consecutively without the full rest period between working days, the two together cannot exceed 17 hours.
- No working straight after an on-call shift. An ordinary working day cannot start immediately after an on-call shift unless the 12-hour rest between working days has passed in between.
- 68 hours per month. The maximum limit is 68 on-call hours per month, which as a general rule equals four 17-hour on-call shifts.
- Balanced distribution. On-call shifts must be spread in a balanced way throughout each month.
Today, under the previous wording, the specific limit on on-call shifts is seven per month (in addition, residents are only required to work the hours of supplementary working time set by their training program), and article 5 does not set a maximum length for each on-call shift. With the reform, the substantive change is twofold: the length of each on-call shift is limited and the total on-call hours per month are limited.
More On-Call Shifts Only With Your Consent: How the Extension Works
The limit of 68 hours per month can be exceeded in two different ways, and both have conditions.
Exceptional Extension for Training Reasons
The center’s Teaching Committee (Comisión de Docencia) may, exceptionally, propose one additional on-call module (or the equivalent hours). This requires a reasoned report from the occupational risk prevention service and from the teaching committee, justified training reasons and, in all cases, the resident’s prior express consent.
The rule is clear on one point: this extension cannot be based solely on ordinary care coverage needs or on structural staff shortages. Nor can it lead to exceeding the combined maximum working time or to reducing the minimum rest periods.
Voluntary Extension up to Seven On-Call Shifts per Month
The new article 5.7 allows the resident, with prior consent, to extend the monthly limit by two more modules, up to a total of seven per month or the equivalent in hours. Even so, the rest between working days and the other on-call rules (including the 17 hours per on-call shift) remain untouchable. On consent, the text says literally:
The resident’s consent shall be voluntary and express, and may be revoked by the resident at any time without any unfavorable consequence or effect on their assessment, training progression or employment relationship.
This means nobody can force you to work more on-call shifts than the limit, and if you agreed to extend them you can back out whenever you want, without it harming your annual assessment. The conditions and procedure for this extension must be negotiated in the relevant bodies. Until they are agreed, the sole transitional provision requires teaching units to set up a provisional procedure that guarantees this right from the royal decree’s entry into force. How that provisional procedure fits with article 5 applying in September 2027 is one of the questions the health services will have to clarify.
35-Hour Week, 45-Hour Maximum and Non-Waivable Rest
The ordinary working week is still set by collective agreement (convenio colectivo) or, failing that, by the rules, pacts or agreements for statutory staff (personal estatutario) of the health service. What changes is the cap. The new article 5.1.a) says:
The maximum length of the ordinary working week may not exceed 35 hours per week of actual working time on average calculated over six months, unless another calculation period is set by agreement, pact or collective agreement.
Before, it was 37.5 hours per week on average. In addition, a combined maximum is set: ordinary hours plus on-call shifts cannot exceed 45 hours per week of actual working time on average calculated over three months (unless another calculation period is set by agreement, pact or collective agreement). This maximum also includes any excess working time that arises for any reason.
From September 1, 2027, rest periods are as follows:
- Between working days: at least 12 hours of continuous rest.
- Weekly: at least 24 uninterrupted hours, plus, where applicable, the 12-hour daily rest.
- After 24 hours of continuous work: 12 hours of continuous rest, except in care emergencies, where the alternative rest periods of the Framework Statute (Estatuto Marco) apply. The previous exceptions for “special training interest” or “insurmountable organizational problems” disappear.
- If the weekly rest is not taken: it is compensated with alternative rest within a maximum of 14 days, and only when the entity that owns the teaching unit justifies that one-off need in writing and in advance.
The rule stresses the nature of these rest periods:
The minimum daily and weekly rest periods shall be mandatory, effective, non-waivable and non-recoverable.
If you want to compare with the general rules for other workers, we explain them in our guide on rest periods at work in Spain. And if you work as statutory staff, your on-call shifts are governed by a different rule, which we cover in the article on the healthcare Framework Statute and on-call shifts.
Other rules in the new article 5: residency still cannot be done part time; care activity must be organized giving priority to the program’s training objectives; if working hours are reduced, the center must take measures so that all competencies are acquired; and teaching units must adopt flexible-hours measures for residents with children under twelve or with family members who need intensive support. Finally, no internal instruction, protocol or criterion of the center may contravene, restrict or distort these rights.
Time Recording and the Right to Know Your Schedule
From September 1, 2027, healthcare centers must have time-control systems that make it possible to check that these limits are met, in line with article 34.9 of the Workers’ Statute (Estatuto de los Trabajadores). Residents will have the right to access their own working time record. It is a very useful tool: if you ever need to claim for excess hours or rest periods not respected, the record is the evidence.
Since November 7, 2026, a new right already applies under article 4.1 of Royal Decree 1146/2006:
p) To be informed of the distribution of their working hours before starting to provide services or, in the case of a change, at least two months before the date on which the change is to take effect.
In other words, you must know how your working hours are distributed before you start, and any change must be notified at least two months in advance.
Resident Pay: The New Training Level Supplement
The pay of residents in the National Health System is made up of a salary (equivalent to the base salary of statutory staff according to the degree required to enter the program), a training level supplement, a continuous care supplement and, where it exists, a residence allowance. The amounts in euros depend on the budget laws and on each health service: the royal decree does not set specific amounts.
What does change from January 1, 2027 is the training level supplement, which is calculated as a percentage of the salary. Until now it was not paid in the first year. With the reform, it is paid from the first year (18%) and, from the second to the fifth year, each year gets 20 points more than before. Within the new scale, the percentage rises ten points from one year to the next, up to 58% in the fifth year (article 7.1.b of Royal Decree 1146/2006):
| Year | Until December 31, 2026 | From January 1, 2027 (minimum) |
|---|---|---|
| First year (R1) | Not paid | 18% |
| Second year (R2) | 8% | 28% |
| Third year (R3) | 18% | 38% |
| Fourth year (R4) | 28% | 48% |
| Fifth year (R5) | 38% | 58% |
The new percentages are a minimum: health services may agree higher percentages. Remember also that the two extra payments (June and December) are at least one month of salary and training level supplement, so the rise in the supplement also shows in the extra payments.
On-call shifts are paid through the continuous care supplement, which the reform defines as the one intended to pay for the resident’s participation in care activities outside ordinary working hours, and which expressly pays for on-call shifts.
If you do your residency at an accredited private entity, you are paid according to your collective agreement, but article 7.4 of Royal Decree 1146/2006 (which does not change) provides that pay for ordinary working hours cannot be lower than the salary, training level supplement and extra payments set for the National Health System.
Sick Leave, Birth and Risk During Pregnancy: 100% of Pay
From January 1, 2027, for residents in the National Health System, each health service must guarantee a supplement that the resident will receive from the first day and for the whole time they are on temporary incapacity (sick leave), birth, adoption, guardianship for adoption or foster care, risk during pregnancy or risk during breastfeeding.
That supplement will reach 100% of ordinary, fixed and periodic pay, both basic and supplementary, after deducting the Social Security (Seguridad Social) benefit. To calculate it, at least all pay received in the six months before the situation began will be taken into account. If the employment relationship has lasted less than six months, the average of the period actually worked is used.
Incompatibilities, Health and Risk Prevention
These measures already apply from November 7, 2026.
What Other Activities You Can Do
Residency requires full-time dedication and cannot be combined with another professional activity, nor with other training activities during residency working hours. The new article 4 bis does, however, allow literary, artistic, scientific and technical production and creation activities if all these conditions are met: they are not an employment or service relationship, they are not a professional activity, they are done outside working hours, they do not affect the dedication required by the training program and they are notified in advance and in writing to the center’s management. If there are reasonable doubts, management may ask the Teaching Committee for a report and decide with reasons.
Adapted Working Hours and Transfer for Health Reasons
Residents already had the right to organize their schedule with daily working days of no more than twelve hours (without reducing annual hours) during pregnancy, to care for children or family members and in other cases. The reform adds one more case: for health reasons, when it is a preventive measure to adapt the job, supported by a report from the prevention services.
In addition, if the prevention service concludes that the conditions in a teaching unit pose a risk to the resident’s physical or mental health and it is not possible to protect them with preventive or adaptation measures, a temporary or permanent transfer to another accredited teaching unit of the same specialty may be agreed. That transfer keeps the employment relationship, pay and completed training periods, and cannot cause financial or professional harm or, by itself, extend the residency.
Psychosocial Risks and Assaults
The entities that own the teaching units must assess the risks of each resident’s position taking into account, in all cases, psychosocial risks, assaults on healthcare professionals and the impact of working hours and their extensions. The assessment is updated at least every two years. When a situation occurs that could harm health, it must be investigated and the assessment reviewed. In addition, health authorities must promote residents’ knowledge and use of the channels of Law 2/2023 on the protection of whistleblowers, with express information in welcome plans and in the documentation of the special employment relationship.
Giving Up a Place in the Same Call
Under article 11.4 of Royal Decree 1146/2006, termination of the contract also ends the rights derived from passing the national selection exam, so that a new exam must be passed to access a training program again, unless the cause of termination is not attributable to the resident. The new article 11.5 exceptionally allows the resident to give up the place initially obtained without that consequence when they obtain a new place in the same call under article 23.3 of Royal Decree 589/2022.
What to Do if Your Hospital Does Not Respect the New Limits
Until September 2027 the previous limits apply, and they are also enforceable: a maximum of seven on-call shifts per month and 12 hours of rest between working days. These guidelines help you defend your rights; the first three can be used from November 7, 2026 and the last two from September 1, 2027:
- Keep your schedules and communications. Especially changes to your working hours, which must be notified two months in advance.
- If your health suffers, ask the prevention service to step in. It can propose adapting your working hours or your transfer to another teaching unit.
- Remember that internal rules do not override the royal decree. No instruction, protocol or criterion of the center may contravene, restrict or distort your rights on working hours and rest.
- Ask for your working time record. You have the right to access it and it is the evidence of your actual hours.
- Do not sign blanket consents. Extending on-call shifts requires voluntary and express consent, and you can revoke it at any time without consequences.
Each case depends on the collective agreement, the health service and your training program. If you have a dispute with your teaching unit over on-call shifts, rest periods or pay, Fernanda Vargas’s employment law team can study your situation and tell you what you can claim. If you are a foreign healthcare professional still at the earlier stage, you may also be interested in our guide to recognizing a medical specialty in Spain.
Frequently Asked Questions
From When Does the 17-Hour Limit per On-Call Shift Apply?
From September 1, 2027. The royal decree enters into force on November 7, 2026, but the amendment of article 5 (working hours, rest periods and on-call shifts) applies from that date. Until then the previous rule applies: a maximum of seven on-call shifts per month.
How Many On-Call Shifts Can a MIR Do per Month Under the New Rule?
As a general rule, 68 on-call hours per month, which equals four 17-hour on-call shifts. One exceptional module may be added for training reasons, with reports and your express consent, and you may voluntarily agree to extend up to seven modules per month. In no case may the 17 hours per on-call shift, the rest between working days or the 45 hours per week on a three-month average be exceeded.
Can I Be Forced to Do More On-Call Shifts Than the Limit?
No. From September 1, 2027, exceeding 68 hours per month requires your prior express consent, both in the exceptional extension and in the voluntary one. In addition, you can withdraw your consent at any time without it affecting your assessment, your training progression or your contract.
How Much Does Resident Pay Rise in 2027?
From January 1, 2027 the training level supplement rises: it starts being paid from the first year (18% of salary) and increases ten points each year, up to 58% in the fifth year. These are minimum percentages that health services can improve. The amount in euros depends on your health service and on the budget laws.
What Do I Get Paid if I Am on Sick Leave During My Residency?
From January 1, 2027, your health service must guarantee you a supplement of up to 100% of your ordinary, fixed and periodic pay, from the first day of sick leave and for as long as it lasts, after deducting the Social Security benefit. The same applies to birth, adoption, guardianship for adoption, foster care and risk during pregnancy or breastfeeding.
Can I Do Other Activities Besides My Residency?
You cannot combine it with another professional activity. You can carry out literary, artistic, scientific and technical production and creation activities if they are not an employment or service relationship, are not a professional activity, are done outside working hours, do not affect your training and you notify them in advance and in writing to the center’s management.
Do you have questions about your on-call shifts, your rest periods or your payslip as a resident? Write to Fernanda Vargas on WhatsApp or book an appointment on her Calendly and we will review your case.