Breaks and Rest Periods in Spain: The 15-Minute Break and How to Record It
Rest within the workday
Article 34.4 of the Workers' Statute (Estatuto de los Trabajadores) states that whenever the continuous daily working time exceeds six hours, the worker must enjoy a rest period of no less than fifteen minutes. This is popularly known as the pausa del bocadillo (the snack or lunch break).
For workers under 18, this rest must be at least thirty minutes when the continuous shift exceeds four and a half hours.
Does it count as effective working time?
The key lies in what the collective agreement or contract says:
- If the collective agreement or contract establishes it, the break counts as effective working time and is therefore paid.
- If nothing is agreed, the rest is not considered working time and is not counted within the workday.
Check the applicable agreement: in many sectors the lunch break is expressly recognised as working time.
Daily rest between shifts
Article 34.3 guarantees a minimum rest of twelve hours between the end of one shift and the start of the next. It is a limit that protects the worker's recovery.
Weekly rest
Article 37.1 recognises a minimum weekly rest of one and a half uninterrupted days, which can be accumulated over periods of up to fourteen days. For workers under 18 the weekly rest is two days.
The link with the time record
Since Royal Decree-Law 8/2019 and Article 34.9 of the Workers' Statute, all companies must keep a daily working-time record showing the specific start and end time for each person. Breaks that do not count as working time should be recorded to distinguish effective time from rest.
- Record the start and end time of the workday.
- Note the breaks and rest periods that are not effective working time.
- Keep the records for four years available to the Labour Inspectorate.
With RegulaKit you can configure breaks according to your agreement and automatically log each rest. To estimate the penalty for not keeping the record, use our fines calculator.
Best practices
- Define in an internal policy which breaks are paid according to the agreement.
- Give staff a simple system to clock in, clock out and log breaks.
- Review regularly that daily and weekly rest periods are respected.
Proper control of breaks and rest not only complies with the law but also prevents fatigue and improves productivity.
Frequently Asked Questions
Is the 15-minute break mandatory in Spain?
Yes. Article 34.4 of the Workers' Statute requires a minimum 15-minute break when the continuous workday exceeds six hours.
Does the lunch break count as working time?
Only if the collective agreement or contract says so. In that case it counts as effective time and is paid; if nothing is agreed, it is not counted.
How much rest is there between shifts?
Article 34.3 guarantees a minimum of twelve hours between the end of one shift and the start of the next.
What is the minimum weekly rest?
Article 37.1 recognises a minimum weekly rest of one and a half uninterrupted days, which can be accumulated over periods of up to fourteen days.
Do breaks have to be recorded?
Yes. Under Royal Decree-Law 8/2019 and Article 34.9 the daily working time must be recorded, reflecting breaks that are not effective working time.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. The information may not be complete, accurate or up to date. For specific legal matters related to your company, always consult a qualified labor law professional or your employment advisor.