For any inquiries or to schedule an appointment, contact Fernanda Vargas via WhatsApp or book an appointment via Calendly. This article provides a comprehensive guide on the legal framework governing work in extreme heat in Spain during 2026, with a special focus on sectors such as agriculture, construction, hospitality, and transportation.

Is there a legal maximum temperature for work in Spain?

In Spain, there is no single maximum legal temperature applicable to outdoor work. The legal framework is primarily established through Law 31/1995 on Occupational Risk Prevention, along with Royal Decree 486/1997 which sets the minimum health and safety requirements in the workplace. Furthermore, the recent Royal Decree-Law 4/2023, which specifically addresses risk prevention in episodes of high temperatures, obligates companies to adapt their risk assessments to include ambient temperature, task characteristics, and individual worker attributes.

What the law requires when AEMET issues an orange or red alert

According to current regulations, when AEMET issues alerts for adverse weather conditions at an orange or red level, companies must immediately review and adjust working conditions. If the existing preventive measures are insufficient, adjustments such as reducing or modifying working hours, or even prohibiting certain tasks during peak heat periods, become mandatory.

Risk assessment: What your company must have in writing

The law mandates that risk assessments must thoroughly document environmental conditions, including temperature, task-specific characteristics, and individual factors of the worker. The new provision on ‘Outdoor Environmental Conditions’ introduced by Royal Decree-Law 4/2023 exemplifies this requirement. Detailed documentation helps in identifying risk sources and implementing adequate preventive measures, thus avoiding potential fines during inspections.

Paid leave of up to 4 days for meteorological emergencies

Royal Decree-Law 8/2024 extended workers’ rights by granting a paid leave of up to four days when meteorological conditions prevent access to the workplace or impose travel restrictions. This leave ensures that employees continue to receive their wages during emergencies, while also safeguarding their well-being in the face of imminent risks.

What can a company do after those 4 days?

Should the hazardous conditions persist beyond the four-day leave—and if remote work is not viable—the company may resort to temporarily suspending contracts or reducing working hours. Such measures are executed under the provisions of Article 47.6 of the Workers’ Statute, which allows for the application of force majeure, although it cannot be invoked during the initial four-day period.

Outdoor work: Agriculture, Construction, Hospitality, and Delivery

Outdoor jobs, especially in sectors like agriculture, construction, hospitality, and delivery, present unique challenges. Industries with a high concentration of migrant workers must implement clear and specific protocols that account for extreme heat conditions. The legal framework mandates additional preventive measures tailored to each context to protect both physical and mental health.

What is the Labor Inspectorate monitoring this summer of 2026?

This summer, the Labor Inspectorate has been particularly vigilant in ensuring compliance with preventive measures against extreme heat. Official data from 2025 indicated over 10,784 actions related to adverse environmental conditions along with sanctions exceeding 1.5 million euros. More than 113,916 companies were notified of their duty to protect workers, especially in high-risk sectors such as agriculture and construction.

What can you do if your company does not comply?

If your employer fails to implement the necessary measures, it is important to know your rights. Workers can file a complaint with the Labor Inspectorate or take legal action. Thorough documentation of any non-compliance is essential, and seeking specialized legal advice can help ensure that proper corrective procedures are applied to protect worker safety.

What is not yet in force: the reform of the Occupational Risk Prevention Law

Recently, the Council of Ministers approved a draft reform of the Occupational Risk Prevention Law—the most significant update in 30 years. This proposed reform aims to explicitly include psychosocial risks, mental health, digital disconnection, and extreme weather conditions, among other emerging challenges. Since this remains a draft, its measures are not yet legally binding and must undergo the parliamentary process before coming into effect.

This article is intended for general informational purposes and does not constitute individualized legal advice. For situation-specific guidance, including any additional protections provided by sectoral or regional collective agreements, please seek professional consultation.

For more detailed information or to receive personalized legal advice, contact Fernanda Vargas via WhatsApp or book an appointment via Calendly.