Overtime in Spain: Limits, Contributions and How to Record It

What overtime is

Overtime is work done beyond the agreed ordinary working day. Article 35 of the Workers Statute sets a maximum of 80 overtime hours a year, not counting those offset with rest within the following four months or force-majeure hours.

Paid or compensated?

The collective agreement or contract decides whether overtime is paid (never below the ordinary hourly rate) or offset with rest. With no agreement, it is deemed compensated with rest within the four months following the work.

Without a reliable time record, proving how much overtime was worked — or that none was — is almost impossible.

How overtime contributes

• Ordinary overtime contributes to Social Security at a specific rate.
• Force-majeure overtime has a different contribution rate.
• It must be shown separately on the payslip.
• The amount reconciles with what is logged in the time record.

The record as evidence

RDL 8/2019 requires recording the daily working day. That record is the basis for correctly identifying and paying overtime, and the first evidence the Labour Inspectorate asks for in a claim.

With RegulaKit the system automatically detects hours beyond the ordinary day and separates them for review and payroll. Estimate the cost of non-compliance with the penalty calculator.

Conclusion

Controlling overtime means knowing the legal limits, paying or compensating it properly, contributing on it and, above all, recording it. A good system turns a risk into data under control.