OVERTIME
| SPAIN |
| HORAS EXTRAORDINARIAS OVERTIME |
Working time which exceeds the usual limits; colloquially, also called horas extras for short. In contrast to the situation in other countries, overtime in Spain is deemed to include all hours in excess of ordinary working hours , irrespective of whether these are established by law, collective agreement or the individual contract of employment. Spanish law restricts overtime to 80 hours per year (excluding any time spent preventing or repairing damage); makes overtime voluntary (which does not prevent it from being required by individual or collective negotiated agreement); and bans overtime at night (and at all times for under-age workers/minors ). Overtime normally attracts a premium rate of pay set by the individual contract or collective agreement, although the most recent legislation seeks to encourage its compensation, instead, by paid time off in lieu (descanso compensatorio ) in the interests of promoting work-sharing . Habitual use of overtime can worsen unemployment rates, and many calls have been made for its reduction or abolition; in line with the idea of work-sharing, Spanish law authorizes the Government to reduce the maximum overtime limit or abolish overtime in certain economic sectors, and successive general multi-industry agreements have recommended the abolition of all overtime not necessitated by structural reasons or force majeure. As distinct from overtime, horas recuperables (make-up time) is intended to compensate for work that has not been done at the proper time, usually because of force majeure.
Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.