Spanish Workers Statute: hours, holidays and dismissal in 2026

Maximum working hours and rest

The ordinary working week cannot exceed 40 hours on average over the year. The reform in progress lowers that limit to 37.5 hours without a pay cut and requires a digital working-time record, but until it takes effect the legal limit remains 40 hours.

There must be at least 12 hours of rest between working days, and workers are entitled to a day and a half of continuous weekly rest. Overtime is paid or compensated with rest, within annual caps.

Holidays: 30 calendar days

The holiday entitlement is 30 calendar days per year worked, or the proportional part for shorter contracts. They cannot be exchanged for money unless the contract ends without being taken, and at least 15 days must be consecutive.

The holiday calendar is agreed between company and worker, taking the activity into account. There is no automatic right to choose the dates: they are negotiated.

Paid leave

Paid leave means the company pays for those days. The Statute sets the minimum; collective agreements usually extend them.

• Matrimonio o registro de pareja: los días que fija el Estatuto, ampliables por convenio
• Nacimiento, fallecimiento o accidente grave de un familiar: 2 días, 4 si hay desplazamiento
• Traslado de domicilio habitual: 1 día
• Cumplimiento de un deber inexcusable: el tiempo necesario

Contracts and probation period

Contracts are presumed to be permanent and full-time: unless the company proves otherwise, stability is the rule. Fixed-term contracts are only allowed for specific causes, such as works, seasonal peaks or replacement, with duration limits.

The probation period cannot exceed 6 months for qualified technicians or 2 months for other workers. During it, either side can walk away without compensation.

Dismissal and compensation

There are three types of dismissal: disciplinary, for serious misconduct; objective, for economic, technical, organisational or production reasons; and collective, when it affects a threshold of workers and requires a specific procedure.

Unfair dismissal is compensated with 33 days of salary per year worked, within a legal cap. Objective dismissal pays 20 days per year. Where a dismissal declared unfair was based on an objective cause, the correct compensation is the objective one, 20 days per year.