The maximum working day per day in Spain, of nine hours, is excessive and the overtime are not paid enough, according to the International Labor Organization (ILO). These are some of the conclusions of his commission of experts in application of agreements, which he has claimed in his latest report several legal changes to the government. Among others, reduce the maximum workday per day at 8 am and that the excesses of the day are paid at least 125% of the salary of the ordinary time.
The Commission of Experts in Application of Agreements and Recommendations is an independent body, constituted by jurists and “whose mission is to examine the application of ILO agreements and recommendations by the member states of this organization,” explains the ILO. This last report was submitted to the 113rd Meeting of the International Labor Conference, held last June. It includes several observations that affect Spain for not guaranteeing compliance with this international regulations.
Sources from the Ministry of Labor highlight that Spain is the country that has been subscribed more ILO agreements and respond that the organism's conclusions “are to take into account in the medium and long term (between 3 and 6 years).” In any case, from the department directed by Yolanda Díaz argue that they will “follow up on those considerations.” “To a large extent, the draft Law on the Reduction of Working Day will be solved, but also within the framework of the parliamentary negotiation,” they add in work, although the starting rule does not address the limits of daily working hours or the remuneration of extra hours.
Maximum day of 8 hours
In Spain, the maximum daily work day is 9 hours, which can be extended by collective agreement or agreement between the company and the workers' representatives, provided that it respects the rest between days, of at least 12 hours. Workers under 18 have maximum days of 8 hours a day, including the time dedicated to training and, if they worked for several employers, the hours made with each of them.
In the case of the weekly day, the maximum duration reaches 40 hours, which the Government wants to reduce to 37 and a half hours after agreement with the unions, but this limit is applied on an annual average. That is, you can make higher days a few weeks and other lower, provided that the annual average respects that limit. “But it does not establish the maximum number of work hours that a working person could do in a specific week,” warned the CCOO union in his observations to the ILO.
The agency's commission of experts recalls “that the agreements require a double limit, daily (8 hours) and weekly (48 hours).” In addition, he points out that “said absolute limit should not be confused with the average calculation of daily and weekly work hours, which is authorized only in certain exceptional cases.”
Therefore, the Commission “asks the Government to adopt the necessary measures to guarantee, in the legislation and in practice, that the normal hours of work worked in one day and in a specific week do not exceed 8 hours a day and 48 per week”, in accordance with the provisions of the agreements on work hours in industry and trade and offices.
Pay the extra hours at least 125% of the ordinary
ILO specialists also analyze Spanish regulation on overtime. The statute of workers provides that extra hours can be compensated at rest or be paid, with a amount that cannot be “in any case” lower than the value of the ordinary work time.
The expert commission recalls in its report “the need to provide, in all circumstances, the payment of overtime at a rate not less than 125% of the ordinary salary rate, regardless of any compensatory rest.” Therefore, the agency asks the government to “take the necessary measures so that, both in legislation and in practice, this remuneration is guaranteed”. The salary of extra hours has already earned Spain a complaint of UGT in Europe, in this case relying on the European Social Charter, which demands “an increase in remuneration” for these excess schedules.
CCOO sources also highlight the mention of the report to the limit of extra hours. The ILO agreements require that “the maximum number of overtime” allowed and the statute of the workers establish it in 80 overtime per year, from which those worked to prevent or repair claims and other extraordinary and urgent damages are excluded. However, the union warns that they are also excepted from the calculation “the hours that have been compensated by rest within the four months of its realization,” which allows that maximum of 80 hours to expand a lot.
Without an express requirement in this case, the Commission recalls “the fundamental importance of setting clear legal limits to overtime and maintaining the number of overtime allowed within reasonable limits that take into account both the health and well -being of workers and the productivity needs of employers.” And asks the government to “take the necessary measures to put the legislation and practice of conformity” with the agreements of the international organization.
Among other observations, the ILO also claims the modification of article 37 of the Workers' Statute “to guarantee, both in the legislation and in practice, that all workers enjoy a minimum rest of 24 consecutive hours for each concrete period of seven days.” Spanish legislation recognizes a superior weekly break, day and a half, but this can be cumulative for periods of up to 14 days, which allows the continuous and uninterrupted benefit of services for periods of more than seven days, as CCOO warned.
