Hours of Work (Industry) Convention, 1919 (No. 1) - Spain (Ratification: 1929)

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 14 (weekly rest in industry), 30 (hours of work in commerce and offices), 106 (weekly rest in commerce and offices), 132 (holidays with pay), and 153 (hours of work and rest periods in road transport) in a single comment.

The Committee notes the joint observations of the Spanish Confederation of Employers’ Organizations (CEOE) and the Spanish Confederation of Small and Medium-Sized Enterprises (CEPYME), and the observations of the Trade Union Confederation of Workers’ Commissions (CCOO), on Conventions Nos 1, 14, 30, 106, 132 and 153, sent with the Government’s report, and also the Government’s reply to these observations on Conventions Nos 1, 14, 30, 106 and 132.

Hours of work

Article 2 of Convention No. 1 and Article 3 of Convention No. 30. Limits on normal daily and weekly hours of work. With regard to daily and weekly limits on normal hours of work, the Committee notes the CCOO’s indication in its observations that: (i) section 34(1) of Royal Legislative Decree 2/2015 of 23 October 2015, adopting the consolidated text of the Workers’ Statute (hereinafter the Workers’ Statute), defines the maximum duration of ordinary working time as 40 hours per week, in terms of averaging over a whole year, but does not establish the maximum number of hours of work which can be performed by a worker in an actual week; (ii) the only limits on working time are the rest period of at least 12 hours between working days (section 34(3) of the Workers’ Statute) and the minimum weekly rest period of one and a half uninterrupted days which can be cumulated over periods of up to 14 days (section 37(1) of the Workers’ Statute); and (iii) section 34(3) of the Workers’ Statute prescribes a daily maximum of nine hours of work which can be modified through a collective agreement or, failing that, by an agreement between the enterprise and the workers’ representatives, provided that the minimum 12-hour rest period between working days is observed.

The Committee notes the Government’s indication, in reply to the CCOO’s observations, that under section 34 of the Workers’ Statute, the weekly limit exists but is averaged over a period of a year and so it can be exceeded in individual weeks and made up for subsequently under the terms of a collective agreement or, failing that, an agreement between the enterprise and the workers’ representatives, provided that the minimum daily and weekly rest periods (regardless of any overtime worked) are respected. In this regard, the Committee observes that: (i) the 40-hour weekly limit established in section 34(1) of the Workers’ Statute represents only an average of hours during an annual reference period and is not an absolute limit on hours worked in an actual week; (ii) the nine-hour limit on normal daily working time established in section 34(3) of the Workers’ Statute can be changed through a collective agreement or by an agreement between the enterprise and the workers’ representatives; and (iii) the absolute limit of 12 hours of work per day established in section 34(3) of the Workers’ Statute is not a limit on normal working hours but on total hours (including overtime). The Committee recalls that the Conventions set out a double limit (8 hours per day and 48 hours per week) on normal hours of work, and that this limit is cumulative and not alternative (2018 General Survey on working-time instruments, paragraph 176). The Committee also recalls that this absolute limit should not be confused with the averaging of daily and weekly working hours, which is authorized only in certain exceptional cases. The Committee requests the Government to take the necessary steps to ensure in both law and practice that normal hours worked in an actual day or week do not exceed 8 hours per day or 48 hours per week, in accordance with these Articles of the Conventions.

Articles 2(c), 4 and 5 of Convention No. 1 and Articles 4 and 6 of Convention No. 30. Variable distribution of normal daily and weekly hours of work. Further to its previous comments, the Committee notes the Government’s indication in its report that while the two major limits on working time established in the national legislation are observed (namely, 40 hours per week averaged over the year and a 12-hour minimum rest period between two working days – section 34(1) and (3) of the Workers’ Statute), the parties are free to determine the distribution of working hours throughout the year, by means of a collective agreement or an agreement between the enterprise and the workers’ representatives. The Committee notes the CCOO’s indication in its observations that: (i) section 34(2) of the Workers’ Statute does not stipulate that the forms in which working hours are distributed shall be applied only in exceptional cases; (ii) section 41(1) of the Workers’ Statute allows the employer to make unilateral changes, among other conditions of work, to working time, schedules, distribution of working time and rules regarding shift work, if there are proven economic, technical, organizational or production-related grounds; (iii) the Workers’ Statute does not establish precisely what constitutes these grounds. The Committee recalls that in general terms the Conventions only authorize the averaging of working hours over a reference period of one week and on condition that the daily limits of nine or ten hours are not exceeded (Article 2(b) of Convention No. 1 and Article 4 of Convention No. 30); and that in all other cases where the averaging of working hours over periods of more than one week is allowed on an exceptional basis, the circumstances must be clearly specified, as follows:

• where persons are employed in shifts, working time may exceed 8 hours in a day and 48 hours in a week provided that the average number of hours over a period of three weeks or less does not exceed 8 per day and 48 per week (Article 2(c) of Convention No. 1);
• the daily and weekly limits on working time may also be exceeded in work which, by reason of its nature, is required to be carried on continuously by a succession of shifts, on condition that the average working hours do not exceed 56 in the week (Article 4 of Convention No. 1);
• in exceptional cases where it is recognized that the limits of 8 hours per day and 48 hours per week cannot be applied, agreements between workers’ and employers’ organizations can fix a longer limit on daily working hours provided that the average weekly working time, calculated for the number of weeks specified by these agreements, does not exceed 48 hours per week (Article 5 of Convention No. 1) and daily working time does not exceed 10 hours in any day (Article 6 of Convention No. 30).

The Committee therefore requests the Government to take the necessary steps to bring its law and practice into conformity with these Articles of the Conventions.

Articles 3 and 6(1) of Convention No. 1 and Article 7(1) and (2) of Convention No. 30. Exceptions to normal hours of work.Circumstances. Further to its previous comments, the Committee notes the Government’s indication that, under the general regulations, overtime work is voluntary, unless otherwise established in a collective agreement or an employment contract (section 35(4) of the Workers’ Statute). The Committee notes the CCOO’s indication in its observations that the voluntary performance of overtime and the compulsory working of hours agreed upon via a collective agreement or individual employment contract go beyond the scenarios established by the Conventions. In this regard, the Committee observes that section 35 of the Workers’ Statute regulating overtime does not include a precise list of the circumstances in which overtime is permitted. The Committee recalls that the temporary exceptions to normal hours of work are permitted in the Conventions in very limited cases and in specific circumstances. The Committee requests the Government to take the necessary steps to bring its law and practice into conformity with these provisions of the Conventions.

Article 6(2) of Convention No. 1 and Article 7(3) of Convention No. 30. Limits on the number of additional hours. Further to its previous comments, the Committee notes the Government’s indication that the amount of overtime may not exceed 80 hours per year (section 35(2) of the Workers’ Statute). The Committee also notes the CCOO’s indication in its observations that the limit of 80 overtime hours per year does not cover hours compensated for through rest in the four months after the work has been done or hours worked to prevent accidents or repair damage resulting from accidents or other types of damage. In this regard, the Committee recalls the fundamental importance of prescribing clear statutory limits for additional hours of work and of keeping the number of additional hours allowed within reasonable limits that take into account both the health and well-being of workers, and the employers’ productivity needs (2018 General Survey on working-time instruments, paragraphs 151 and 179). The Committee requests the Government to take the necessary steps to bring its law and practice into conformity with these Articles of the Conventions.

Article 6(2) of Convention No. 1 and Article 7(4) of Convention No. 30. Compensation for additional hours of work. Further to its previous comments, the Committee notes the Government’s indication that the legislation proposes two alternatives to be established by collective agreement or employment contract: (i) compensating for overtime worked by means of equivalent periods of rest; in the absence of an agreement, it shall be understood that overtime worked must be compensated for by rest within the four months following the period of overtime; or (ii) remunerating overtime up to an amount to be fixed by collective agreement or employment contract, which in any case shall not be less than the remuneration for normal working hours (section 35(1) of the Workers’ Statute). The Committee notes the CCOO’s indication in its observations that section 35(2) of the Workers’ Statute, which provides that remuneration for overtime shall under no circumstances be less than that for normal working hours, violates the provisions of the Convention since it does not prescribe at least 25 per cent more than normal pay rates. In this regard, the Committee recalls the need to provide, in all circumstances, for the payment of overtime at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted (2018 General Survey on working-time instruments, paragraph 158). The Committee requests the Government to take the necessary steps to ensure that in both law and practice the payment of overtime hours is guaranteed at no less than 125 per cent of the ordinary wage rate, irrespective of any compensatory rest granted, in accordance with Article 6(2) of Convention No. 1 and Article 7(4) of Convention No. 30.

Application in practice.The Committee requests the Government to provide examples (collective agreements, enterprise agreements, statistics, etc.) of the manner in which it is ensured in practice that the provisions of the Conventions are respected regarding the limits on normal hours of work of 8 hours per day and 48 hours per week in a given week, averaging of hours of work, and overtime hours, in the sectors covered by the Conventions.

Weekly rest

Follow-up to the recommendations of the Tripartite Committee (representation under article 24 of the ILO Constitution)

The Committee notes that in November 2016 the Governing Body approved the report of the Tripartite Committee set up to examine the representation made in 2014 by the Independent Judicial Forum professional association (document GB.328/INS/17/9).

Article 7(2) of Convention No. 106. Permanent exceptions. Compensatory rest. The Committee notes that the Tripartite Committee in its report requested the Government to ask the General Council of the Judiciary to: (i) inform the social partners about the additional measures adopted to ensure that, in practice, judges in judicial districts with only one court of first instance and preliminary investigation benefit from the weekly rest established under the Convention; and (ii) assess the impact of the new system of substitutions on the right to weekly rest for judges, and to inform the social partners, in order to ensure that in practice they benefit from the equivalent of a minimum of 24 hours of rest for every seven days worked, in accordance with the Convention. The Committee observes that the Government’s report does not contain any relevant information in this respect. The Committee requests the Government to provide the detailed information previously requested by the Tripartite Committee.

Article 2(1) of Convention No. 14 and Article 6(1) of Convention No. 106. Minimum weekly rest period. Further to its previous comments regarding section 37(1) of the Workers’ Statute, the Committee notes the Government’s indication that the aforementioned section prescribes a minimum weekly rest period which exceeds that provided for in the Conventions, namely, one and a half days, and two days for persons under 18 years of age; and (ii) in order to provide the necessary flexibility for both enterprises and workers, the possibility is established for this rest period to be accumulated over a maximum period of 14 days. The Committee also notes the CCOO’s indication in its observations that the above-mentioned section allows the continuous, uninterrupted provision of services for periods longer than seven days as a general principle, regardless of whether or not the conditions for exceptions provided for in the Conventions are met. The Committee observes that section 37(1), which provides that workers shall have the right to minimum weekly rest – which can be accumulated over periods up to 14 days – of one and a half uninterrupted days, establishes a general rule and does not refer to exceptional cases within the meaning of Article 4 of Convention No. 14 and Article 7 of Convention No. 106. The Committee once again requests the Government to take the necessary steps, including amendment of section 37(1) of the Workers’ Statute, to ensure in both law and practice that all workers enjoy minimum rest of 24 consecutive hours for each seven-day period actually worked, as required by these Articles of the Conventions. The Committee also requests the Government to provide examples of the manner in which the above-mentioned section of the Workers’ Statute is applied in practice.

Holidays with pay

Article 8 of Convention No. 132. Division of annual holiday with pay into parts. Minimum period of two uninterrupted weeks. Further to its previous comments, the Committee notes the Government’s indication that: (i) paragraph 9(3) of the Decision of 28 February 2019 of the State Secretariat for the Civil Service establishes that holidays shall be taken in minimum periods of five consecutive working days and (ii) paragraph 9(4) of that Decision stipulates that at least half (11 working days) of the total annual holiday must be taken between 16 June and 15 September, unless the work calendar fixes other periods because of the particular nature of the services provided in the respective sphere. The Committee also notes the CCOO’s indication in its observations that paragraph 9(4) of the above-mentioned Decision does not guarantee that one of the possible divisions of the annual holiday period shall have a minimum duration of two uninterrupted working weeks but merely regulates the dates between which the annual holiday must be taken and not the uninterrupted minimum holiday periods, which are regulated by paragraph 9(3). The Committee once again requests the Government to take the necessary steps to ensure in both law and practice that one of the divisions of holidays for public employees in the General Administration of the State and its public bodies consists of at least two uninterrupted working weeks.

Hours of work and rest periods in road transport

Article 2 of Convention No. 153. Exclusions from the scope of application. The Committee notes the CCOO’s indication in its observations that: (i) some of the exclusions established in section 2 of Royal Decree 640/2007 of 18 May 2007, establishing exceptions to the binding regulations regarding driving time and rest periods and the use of tachographs in road transport, go beyond the possible exceptions provided for in Article 2 of the Convention; (ii) no limits or regulations have been laid down regarding driving time or rest periods for these exceptions, which violates Article 2(2) of the Convention; and (iii) Royal Decree 1082/2014 of 19 December 2014, concerning special cases for the application of regulations relating to driving time and rest periods in road transport on islands whose surface area does not exceed 2,300 km2, which lays down specific regulations, significantly worsens working conditions. The Committee observes that transport relating in particular to the following categories is excluded from the scope of application of Royal Decree 640/2007: (i) provision of services relating to sewage, flood protection and water supplies, among others; (ii) circus equipment and fairground attractions; (iii) mobile exhibitions; (iv) cash or valuables; (v) electric or gas-propelled vehicles; (vi) special construction vehicles; (vii) transport in Ceuta and Melilla or on islands with a surface area less than 250 km2; and (viii) empty runs necessary before or after one of the activities covered by an exception. The Committee also notes that, under section 2 of Royal Decree 1082/2014, in road transport undertaken exclusively on islands with a surface area over 250 km2 and not more than 2,300 km2, the following factors apply: (i) reduced weekly rest periods may be applied for three weeks following one week containing a normal weekly rest period; (ii) a daily rest period can be taken in two or three separate periods, one of which cannot be less than eight uninterrupted hours and none of which can be less than one hour; and (iii) a continuous rest break can be replaced by two or three breaks, interspersed with the driving time or occurring immediately after it. The Committee recalls that only persons who drive vehicles engaged in the types of transport specified in Article 2(1) of the Convention can be excluded from the scope of application of the Convention and that adequate standards concerning driving time and rest periods of excluded drivers must be laid down (Article 2(2)). The Committee requests the Government to take the necessary steps to ensure that adequate standards concerning driving time and rest periods are applied to drivers excluded from the scope of the legislation referred to above, in accordance with Article 2 of the Convention.

Articles 5, 6 and 7. Limits on driving time. The Committee notes the CCOO’s indication in its observations that the national legislation: (i) allows up to four and a half hours of continuous driving instead of the four hours established by the Convention; (ii) provides for up to ten hours of daily driving time rather than the nine hours prescribed in Article 6 of the Convention, without any connection with an exceptional situation or a situation of force majeure; (iii) prescribes a break for working days of more than six hours, while the Convention establishes the right to a break after five consecutive hours of work; and (iv) does not provide for any reduction in driving time when carried out under particularly difficult conditions. In this regard, and with reference to its previous comments, the Committee observes that Royal Decree 1561/1995 of 21 September 1995, concerning special working hours, establishes maximum continuous driving time of four and a half hours and a daily driving time limit of nine hours, which can be extended to ten hours twice a week (section 11). The Committee also observes that this Decree does not lay down a 48-hour weekly limit apart from average working hours, and does not stipulate that driving time must be reduced in particularly difficult conditions. The Committee further observes that section 10bis(4) provides that working days of more than six hours must contain a break, but does not state that a break has to be taken after five continuous hours of work. The Committee recalls that: (i) the maximum continuous driving time is four hours and this can only be exceeded by a maximum of one hour on account of particular national conditions, in accordance with Article 5(1) and (2) of the Convention; (ii) the maximum total driving time, including overtime, must not exceed either nine hours per day or 48 hours per week (Article 6(1)). The maximum driving time may be calculated as an average over a number of days or weeks to be determined by the competent authority or body (Article 6(2)); (iii) the maximum total driving time must be reduced in the case of transport activities carried out in particularly difficult conditions (Article 6(3)); and (iv) drivers shall be entitled to a break after five continuous hours of work (Article 7). The Committee requests the Government to take the necessary steps to bring its law and practice into conformity with Articles 5, 6 and 7 of the Convention.

Article 11. Inspection and penalties. Application in practice. The Committee notes the statistical data provided by the Government on the results of the activity of the Labour and Social Security Inspectorate (ITSS) with respect to working time, including overtime hours, in the road transport sector for the 2018–22 period, in relation to: (i) operations conducted; (ii) violations recorded and penalties imposed; (iii) compliance orders; and (iv) mediation and consultation. The Committee requests the Government to continue providing statistical information on the results of the activity of the ITSS with respect to working time in the road transport sector.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention. Averaging of hours of work. The Committee previously noted that the Workers’ Statute establishes no overall limit to weekly hours of work and allows exceeding the nine-hour daily limit through collective or enterprise agreements. In its latest report, the Government indicates that, in 2011, only 18 per cent of the workforce was concerned by a system of annualized hours of work while the remaining 82 per cent were subject to the normal nine-hour working day and 40-hour working week established under the Workers’ Statute. The Government points out that, under section 34(2) of the Workers’ Statute as amended by Act No. 3/2012, the uneven distribution of hours of work over a period of one year requires the conclusion of a collective agreement and, only in absence of such an agreement, an employer may apply a system of annualized hours to 10 per cent of working time to promote flexibility. The Government adds that such distribution has to conform in any case to the minimum daily and weekly rest periods and be notified to the worker at least five days before the new working time arrangement becomes effective. The Committee notes, in this respect, the new comments of the General Union of Workers (UGT) dated 4 September 2013, according to which in practice the only effective limit to the duration of working hours is the minimum 12-hour period of daily rest. The Committee further notes the Government’s reply to these comments, in which it states that, in addition to the benefits previously identified, such as ensuring internal flexibility for companies while respecting national regulations concerning weekly rest hours and collective agreements, section 34(8) of the Workers’ Statute entitles workers to adjust the duration and distribution of daily work hours to effectively balance work and family. The Committee is bound to recall that the Convention allows the uneven distribution of hours of work over a period longer than a week (averaging) only in exceptional cases where it is recognized that the normal hours of work cannot be applied, and therefore offering the possibility of introducing annualized systems of working time in such general terms as those set out in the Workers’ Statute goes beyond the letter and the spirit of the relevant provisions of the Convention. The Committee hopes that the Government will take appropriate action to bring the national legislation into full conformity with the Convention in these matters.

Article 6. Limits to overtime hours. Overtime pay. The Committee previously observed that section 35(4) of the Workers’ Statute permits the performance of overtime hours under much broader conditions than those prescribed by the Convention, i.e. cases of accident, urgent repair work, force majeure, and exceptional pressure of work. The Committee further noted that section 35(2) of the Workers’ Statute provides for an annual limit of 80 overtime hours but leaves open the possibility of exceeding that limit under certain circumstances without fixing an overtime cap. Moreover, the Committee noted that section 35(1) of the Workers’ Statute provides that additional hours may be compensated in the form of either extra pay or equivalent periods of rest, and recalled that under Article 6 of the Convention an overtime premium of at least 25 per cent must be paid in all cases. In this connection, the Committee notes the comments of the UGT according to which the current legislation on overtime that no longer provides for overtime pay, in practice, facilitates employers’ requests for additional hours of work. According to the UGT, overtime is very frequent in sectors such as hotel and catering, as well as in private security enterprises, and the media have regularly drawn attention to problems of non payment of overtime work and the effects of excessive overtime on the workers’ safety and health. The Committee further notes the Government’s response to the comments of the UGT, in which it indicates that the Labour and Social Security Inspectorate is charged with monitoring compliance with the working hours and rest periods as well as its effects on the security and health of workers. While noting the Government’s statistical information regarding compliance with overtime regulations and pay, the Committee hopes that the Government will take the necessary measures to ensure that the provisions of the Convention regarding overtime are fully implemented both in law and in practice.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Daily and weekly hours of work. The Committee notes that under section 34, paragraph 1(2), of the Workers’ Statute, the maximum number of normal hours of work is 40 actual hours of work a week as an annual average. Under paragraph 2, the irregular distribution of hours of work over the year may be decided upon by collective agreement or, in the absence of a collective agreement, in an agreement concluded between the enterprise and the workers’ representatives, provided that the minimum periods of daily and weekly rest are respected. The Committee further notes that section 34, paragraph 3, establishes the minimum period of daily rest at 12 hours and provides that the number of normal hours of actual work may not exceed nine in the day, unless provided otherwise in a collective agreement or, in the absence of collective agreement, an agreement concluded between the enterprise and the workers’ representatives. Finally, it notes, that under section 37, paragraph 1, workers are entitled to a weekly rest of at least one and a half days without interruption. However, this rest may be accumulated over periods of 14 days as a maximum.

The Committee also notes the Government’s reply to its previous comments and the observations made in 2003 by the General Union of Workers (UGT). It notes in particular that working time arrangements may not be imposed unilaterally by the employer, but must be a result of agreements concluded through collective bargaining or, in the absence of collective bargaining, between the employer and the workers’ representatives. The Government also refers to the criteria, guidance and recommendations that have to be taken into account in collective bargaining, which are enumerated in the various inter-confederation agreements for collective bargaining (ANC) concluded by the social partners, including the UGT, and in particular the ANC of 2007, which addresses, among other matters, collective bargaining on the management of working time, including the annualization of hours of work. The Government adds that workers’ representatives participate in the process of determining hours of work, particularly in the event of their irregular distribution, which only affects a small percentage of workers. In this respect, it indicates that the annualization of hours of work concerned 17.5 per cent of workers in 2005 and 16.9 per cent in 2006. In conclusion, the Government states that it does not understand the reasons why the UGT made observations on the application of the Convention and considers that Spanish legislation is in conformity with the requirements of the Convention and is more favourable than the standards set out in the 2003 European Directive on the organization of working time.

However, in the light of the above provisions of the Workers’ Statute, the Committee is bound to observe that the national legislation does not establish an absolute limit for weekly hours of work and that the maximum daily hours of work, set at nine hours, may be exceeded by means of collective agreements or enterprise agreements. Accordingly, taking into account the rules respecting daily rest (12 hours) and weekly rest (one and a half days), daily hours of work could in theory be as many as 12 hours and weekly hours of work could total 66 hours. The Committee therefore shares the analysis made by the UGT, according to which hours of work may exceed 60 in a week. Furthermore, if the possibility of accumulating weekly rest over a period of 14 days is taken into account, an employed person could be required to work a maximum of 12 hours for seven consecutive days, that is 84 hours, and 48 hours the next week (four times 12 hours). In this respect, the Committee notes the UGT’s indication that it is not aware of cases in which workers are engaged under such a schedule, but claims knowledge of more common cases involving 63-hour weeks (seven days of nine hours), followed by a 36-hour week (four days of nine hours).

The Committee recalls that under Article 2 of the Convention working hours, with the exceptions provided for in that Article, must not exceed eight in the day and 48 in the week. Under the terms of Article 2(b), where the hours of work on one or more days of the week are less than eight, the limit of eight hours may be exceeded on the remaining days of the week, provided however that in no case may the daily limit be exceeded by more than one hour. The Committee is bound to reiterate its observation of 2004 in which it emphasized that the possibility offered by the national legislation to allow a working day of more than nine hours is contrary to the Convention even if this is provided for by collective agreement or enterprise agreement. It therefore once again requests the Government to take the necessary steps rapidly to bring the legislation into conformity with the Convention on this point.

Furthermore, the Committee draws the Government’s attention to the fact that the Convention only allows the averaging of hours of work in excess, in certain weeks, of the limit of 48 hours under certain specific circumstances (for example, in the case of shift work, covered by Article 2(c) of the Convention). The Committee is accordingly bound to observe that section 34 of the Workers’ Statute, which allows the averaging of weekly hours of work without any restriction, is not in conformity with the provisions of the Convention. The Committee trusts that the Government will take the necessary measures rapidly to amend the legislation so that it only allows the limits determined by the Convention in relation to daily and weekly hours of work to be exceeded occasionally, in the context of the averaging of working time, in the circumstances envisaged by the Convention. It requests the Government to provide information on any developments in this respect.

The Committee also notes that under section 34, paragraph 7, of the Workers’ Statute, the Government may, after consulting the most representative organizations of trade unions and employers, increase or limit hours of work and periods of rest in sectors and types of work where the specific characteristics so require. The Committee requests the Government to indicate whether decisions to increase hours of work or reduce rest periods in specific branches of activity or for particular types of work have already been taken on the basis of this provision. If so, the Government is requested to provide all relevant information concerning the exceptions established and the rules applicable to the workers concerned in relation to hours of work.

The Committee further notes that, in accordance with section 34, paragraph 8, of the Workers’ Statute, all workers are entitled to adapt the duration and distribution of their working time so as to enable them to reconcile their personal, family and professional life in accordance with the terms set out by collective bargaining or in the agreement concluded with their employer. The Committee requests the Government to provide the available information on the implementation of this provision.

The Committee further notes that, in reply to its previous comment concerning the possibility for the employer to undertake substantial modifications of conditions of work under section 41, paragraph 1, of the Workers’ Statute, the Government indicates that such modifications have to be in compliance with the applicable regulations, including those respecting hours of work. It notes that case law has determined what is to be understood by “substantial modification of conditions of work”. Accordingly, the High Court of Madrid considered that a measure consisting of the suppression of a flexitime schedule came under section 41 of the Workers’ Statute. However, an increase of 25 hours in annual hours of work, representing less than ten minutes a day, did not constitute a substantial modification of conditions of work. The Government adds that, in general, substantial modifications of conditions of work relate to changes in the regular distribution of hours of work over the year, but do not include modifications involving a reduction of working time accompanied by a reduction of wages, nor an increase in working time, nor the irregular distribution of hours of work over the year. The Committee notes the fact that the modifications covered by section 41 of the Workers’ Statute have to conform to the applicable legal provisions and it requests the Government to provide copies of the court decisions referred to in its report and of any other relevant decision or official report prepared on this subject.

Articles 3 and 6, paragraph 1(b). Cases in which additional hours may be performed. The Committee notes the indication contained in the Governments’ report that collective agreements or employment contracts may envisage the performance of additional hours in various cases. These normally consist of work performed to respond to production needs. However, the Committee notes that section 35, paragraph 4, of the Workers’ Statute is confined to providing that the performance of additional hours must be voluntary, unless it is envisaged in a collective agreement or an employment contract. In this respect, the Committee recalls that the Convention only allows the performance of additional hours on a temporary basis in the following specific cases: accident, urgent work to be done to machinery or plant, or in case of force majeure (Article 3) or exceptional cases of pressure of work (Article 6, paragraph1(b)). The Committee hopes that the Government will take measures rapidly to amend the Workers’ Statute so as to allow the performance of additional hours only in the cases envisaged by the Convention.

Article 6, paragraph 2. Limitation of the number of additional hours. The Committee notes that, under section 35, paragraph 2, of the Workers’ Statute, the number of additional hours cannot exceed 80 in a year. It also notes that, according to the case law of the High Court of the Basque Country, this limit may not be exceeded either by means of collective bargaining or in the employment contract. However, under the terms of section 35, paragraph 2, additional hours which give rise to compensatory rest during the four months following their performance are not taken into account in this context. The Committee recalls that Article 6, paragraph 2, of the Convention requires that, in exceptional cases of pressure of work, regulations fix the number of additional hours authorized in each instance. The Committee requests the Government to take the necessary measures to extend the limits set forth in the Workers’ Statute in relation to the number of additional hours authorized to those which give rise to compensatory rest during the four months following their performance. The Committee also requests the Government to provide a copy of the ruling by the High Court of the Basque Country to which it refers in its report.

Remuneration of overtime. The Committee notes that section 35, paragraph 1, of the Workers’ Statute provides that additional hours must be paid at a rate determined by a collective agreement or, in the absence of a collective agreement, by the individual employment contract, but which may not be lower than the rate applicable for normal hours of work, or may be compensated in the form of equivalent periods of paid rest. It notes the indication in the Government’s report that the law shows a clear preference for the compensation of additional hours in the form of periods of paid rest of equivalent duration. The Committee also notes that the collective agreement applicable in the tiles, bricks and special clay forms sector envisages compensatory rest periods increased by 75 per cent in respect of overtime. The agreement applicable to the sugar industry provides for rest periods equivalent to the number of additional hours performed, supplemented by an additional wage rate of 50 per cent. The Committee however draws the Government’s attention to the fact that, in accordance with Article 6, paragraph 2, of the Convention, the increased rate of pay for additional hours performed to deal with exceptional cases of pressure of work of not less than one and one-quarter times the regular rate has to be of general application and cannot therefore be left to the discretion of collective bargaining. Furthermore, compensation for additional hours in the form of paid holiday but without an increased wage rate, does not give effect to this provision of the Convention. The Committee hopes that the Government will take measures rapidly to bring its legislation into conformity with the Convention on this point. It also requests the Government to provide copies of the collective agreements referred to in its report.

Part V of the report form. The Committee notes the information provided by the Government concerning the activities of the labour and social security inspection services in relation to hours of work in the industrial sector during the period 2003–07. It notes in this respect that the number of inspections more than doubled between 2006–07 and that, over the same period, the number of violations reported and the amount of the penalties imposed almost tripled; while the number of workers concerned rose from 941 to 6,013 and the number of warnings issued rose from 166 to 425. The Committee requests the Government to provide information on the reasons for this significant strengthening of labour inspection activities in the sector and on the measures adopted in practice. The Government is also requested to continue providing information on the application of the Convention in practice including, where possible, more detailed information on the nature of the violations reported of the legislation respecting hours of work and on the measures adopted to bring them to an end.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s reply to its previous comments. It also takes note of a communication from the General Workers’ Union (UGT), repeating earlier observations of the organization. The communication was forwarded to the Government, which has not, as yet, replied.

The Government is asked to refer to the Committee’s comments under Convention No. 30. In addition, the Committee raises the following points.

Article 2 of the Convention. Maximum daily hours of work. Article 34(3) of the Workers’ Regulations sets a maximum of nine hours for the length of the working day, unless a collective agreement or an agreement between the enterprise and the workers’ representatives distributes the working time differently, it being understood that compulsory rest between two working days must be observed. However, Article 2(b) of the Convention allows the limit of eight hours a day to be exceeded only by one hour where working hours are unevenly distributed over the week. To allow a working day of more than nine hours is therefore contrary to this provision of the Convention. The Committee requests the Government to take the necessary steps to bring the legislation into line with this provision.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report for the period ending September 1998. It also notes a communication from the General Union of Workers (UGT) alleging that the provisions regarding hours of work in the Workers' Statute, revised by the Legislative Decree of 24 March 1995, are not compatible with the Convention. This communication was also transmitted to the Government which, to date, has not commented thereon.

The Committee wishes to draw the Government's attention to the abuse which could arise from the strict application of the provisions of section 34 of the Workers' Statute, and in particular its paragraphs 2 and 3. The Committee observes that the first paragraph of the section cited fixes normal weekly hours of work at 43 hours, but that it is provided that daily hours of work shall be established by collective agreements or employment contracts. It notes that paragraph 2 of the section provides for the possibility of recourse, through collective agreement or agreements at enterprise level, to irregular daily hours of work calculated according to a yearly average. These hours of work are only limited by the obligation to respect 12 hours of rest between working days granted under paragraph 3. In this connection the Committee wishes to remind the Government that the possibility of establishing daily hours of work over a longer period of time than a week, provided under Article 5 of the Convention, is only applicable to exceptional cases where it is recognized that the provisions of Article 2 cannot be applied. In particular it may concern any branch of activity which requires an irregular distribution of work due to the nature of the work, to technical reasons, to periodic pressure of work, or to seasonal variations. Consequently the Committee considers that by admitting the general possibility of exceptions to normal working hours, section 34, paragraph 2, of the Workers' Statute is in violation of Article 5 of the Convention.

Furthermore, section 34, paragraph 3, fixes maximum daily working hours at nine hours, and provides for exceptions thereto by collective agreements or agreements at enterprise level, subject only to respect of the 12 hours of rest granted between working days. In this connection the Committee wishes to draw the Government's attention to Article 2(b) of the Convention, which allows for recourse to an irregular distribution of normal working hours, but within the limit of one hour more than eight hours of work a day. It thus considers that section 34, paragraph 3, of the Workers' Statute is in violation of the provisions of Article 2 of the Convention.

The Committee trusts that the Government will take the steps necessary at the earliest date, to bring its legislation into conformity with the provisions of the Convention on the two abovementioned points, and requests it to report on progress achieved in this respect as soon as possible.