The Workers’ Statute recognizes several minimum rest periods: 15 minutes during continuous working days of more than six hours, 12 hours between the end of one workday and the start of the next, and a day and a half of weekly rest. Collective agreements can expand these rights.
The minimum rests recognized by labor legislation
The working day is regulated not only by the number of hours that can be worked, but also by the rest periods that companies must guarantee. The Workers’ Statute includes various mandatory pauses to protect health and favor employees’ recovery.
These rights apply generally, although there may be more favorable conditions depending on the collective agreement or the employment contract.
15 minutes of break if the continuous shift exceeds six hours
Article 34.4 of the Workers’ Statute establishes that, when the daily continuous shift exceeds six hours, a rest of at least 15 minutes must be taken. However, this pause does not have to be considered effective working time. For it to count as such, it must be established in the collective agreement or the employment contract.
In the case of workers under 18 years of age, the regulation is stricter: they are entitled to a minimum rest of 30 minutes when their continuous shift exceeds four and a half hours.
Twelve hours between one shift and the next
Legislation also establishes a minimum period of 12 hours between the end of one workday and the start of the next. This rest is set out in Article 34.3 and must be respected regardless of any pauses taken during working hours. Therefore, finishing work at night and returning early in the morning may violate this right if the corresponding 12 hours have not passed.
As a general rule, the ordinary working day cannot exceed nine hours per day of effective work, unless the collective agreement or an agreement with the workers’ representation establishes another distribution, always respecting the rest between shifts.
A day and a half of weekly rest
Article 37 recognizes the right to a minimum weekly rest of a day and a half uninterrupted. As a general rule, it includes Saturday afternoon or Monday morning and the full Sunday.
This period can be accumulated for periods of up to 14 days, which allows rest periods to be organized differently in certain sectors and activities.
For those under 18 years of age, the minimum weekly rest period is two uninterrupted days.
Collective agreements can improve conditions
The minimums established by the Workers’ Statute do not prevent collective agreements or contracts from recognizing broader rest periods. For this reason, specific conditions may vary depending on the sector, the activity, and the organization of working time.
In any case, companies must respect the minimum legal rest periods and organize workdays in a way that ensures they can be enjoyed.