Employers face €7,500 fine if they break 12-hour rest rule for staff
Workers in Spain, including the Canary Islands, are legally entitled to a minimum of 12 hours’ rest between shifts, an employment rule that companies must follow or risk fines of up to €7,500.
Under Spain’s Workers’ Statute, employees cannot return to work until at least 12 hours have passed since the end of their previous shift. For example, if a shift finishes at 10:00pm, the next one cannot legally begin before 10:00am the following day.
Work inspectors are increasingly focused on enforcing this rule, particularly in sectors such as hospitality, retail, healthcare and logistics, where rotating shifts are common. In some cases, workers have been scheduled with gaps of just seven or eight hours between shifts, something considered a serious breach of labour laws.
Authorities are tightening checks using mandatory time-recording systems, which track when employees clock in and out. These records make it easier to spot violations. In fact, penalties linked to working hours and overtime rose by nearly 9% in 2024, reflecting stricter enforcement.
In addition to daily rest, workers are also entitled to at least 36 consecutive hours off each week. While collective agreements can organise working hours differently, they cannot reduce these minimum legal protections.
Employees who believe their rights are being breached can report the issue to the Labour Inspectorate. With recorded working hours now required by law, workers have stronger evidence than ever to support complaints.
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