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Legal and the Law in Spain

Companies face increased fines for failing to comply with the reduction in working hours



Negotiations resumed this week as part of the Government´s proposal to reduce the working week, with company representatives and unions taking to the table to agree a path forward, and one of the things which has come to light already is that companies who fail to comply with the reduction in working hours are set to be fined.

The Ministry of Labour and Social Economy wants to fine companies that fail to comply with the time registration and the reduction of the maximum working week to 38.5 hours in 2024 and to 37.5 hours in 2025 with up to 10,000 euro per worker, as stated in the draft of the preliminary bill for the reduction of the maximum duration of the ordinary working day.

This represents a tightening of the current sanctions regarding working hours in two ways: firstly, because companies will be fined for each worker who fails to comply with the rules and not globally, and secondly, because the amount of the fines, classified as a serious infringement by business owners, will be larger, going from a maximum of 7,500 euro to 10,000 euro.

Thus, according to the draft, the transgression of the rules and the legal or agreed limits regarding working hours, night work, overtime, complementary hours, breaks, vacations, permits, registration of working hours and, in general, the working time will be punished, to a minimum, with fines of 1,000 to 2,000 euro; in its medium degree, from 2,001 to 5,000 euro and, in its maximum degree, from 5,001 to 10,000 euro.

In the current legislation of the Law on Infringements and Sanctions of the Social Order, known as LISOS, the amount of fines for transgressing the legal limits of working time are sanctioned from 751 to 1,500 euro in their minimum degree; with 1,501 to 3,750 euro in its medium grade, and with 3,751 to 7,500 euro in its maximum grade.

In the draft, the commission of an infraction will be considered for each affected worker.

In the case of non-compliance with the obligations regarding registration of working hours, the commission of an infraction will only be considered for each affected worker in cases of absence of registration, as well as in cases of omission of data or inclusion of false or inaccurate data.



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