Working time, rest and overtime

The Statute limits

Ordinary working time is capped at forty hours a week of effective work, averaged annually, under article 34.1, and the collective agreement may reduce it.

At least twelve hours must pass between the end of one working day and the start of the next, under article 34.3.

Overtime

Article 35 caps overtime at eighty hours a year, with the exceptions the rule itself allows. It is paid or compensated with rest as agreed.

Without a reliable daily record, neither employer nor worker can establish how much there was.

Absences and leave

The record coexists with absences: sick leave, holiday and the paid leave of article 37.3. A day of leave is not simply a day without punches: it is a day with its absence type recorded.

What an auditor usually asks for

• Automatic alert when the agreed daily maximum is exceeded
• Control of the minimum twelve-hour rest between working days
• Overtime counted with its annual cap in view
• Absences classified by type, not left as gaps in the record

How limits are controlled in Kimobox

1. 1Load the collective agreement calendar with its annual hours and public holidays.
2. 2Enable alerts for excess working time and insufficient rest.
3. 3Link the record to absences so the balance comes out right without manual intervention.

Where each figure comes from

References to the official text in force. If a standard is revised, this page is updated and the review date says so.

1. Real Decreto-ley 8/2019 on urgent social protection measures and working time BOE-A-2019-3481 · 12/03/2019
2. Estatuto de los Trabajadores (Royal Legislative Decree 2/2015), arts. 34, 35 and 37 BOE-A-2015-11430 · —
3. Royal Legislative Decree 5/2000 (LISOS), arts. 7.5 and 40.1.b) BOE-A-2000-15060 · —
4. Law 10/2021 of 9 July on remote working BOE-A-2021-11472 · 10/07/2021