Yes, the government maintains its intention to take up the reform in the future if the parliamentary correlation changes.
Working hours in Spain are back at the centre of the debate after the parliamentary rejection of the proposal to reduce them to 37.5 hours a week without a pay cut.
Despite the legislative failure, the Ministry of Labour has initiated a public consultation to advance by regulation on the control of working hours and the right to disconnect.
ÉCIJA Advisory analyses the scope of this initiative, its legal framework and the practical implications that companies should be aware of when faced with possible changes in the regulations.
The proposal to reduce working hours to 37.5 hours per week
The attempt to reduce working hours in Spain to 37.5 hours a week without a reduction in pay has been put on hold after failing in Congress. This initiative represented the first legal change in the length of the working day since 1983 and potentially benefited more than 12.5 million people.
The bill proposed a direct amendment to article 34 of the Workers' Statute, including adjustments for part-time contracts. The proposal included a maximum working week of 37.5 hours, with entry into force scheduled for 2025 and a transition period until December of that year.
The reduction in working hours without a reduction in wages was justified by the increase in productivity accumulated over the last decades. It also included provisions for negotiating with companies without a collective agreement.
Parliamentary rejection and fractured social dialogue
On 10 September 2025, the Congress of Deputies rejected the bill by 178 votes against to 170 in favour. Junts per Catalunya played a key role in the outcome by tabling an amendment to return the bill on the grounds that the legal design was inadequate .
The CEOE and Cepyme left the negotiating table after 11 months of dialogue, arguing that the measure was unfeasible without compensation. They proposed alternatives such as sectoral exceptions or the extension of overtime, which were not taken up.
From the opposition, PP and Vox spoke out against the measure on ideological and economic grounds, warning of impacts on productivity and business costs. The result was the blocking of a measure of great importance for the labour market.
Government reaction: new public consultation from the Ministry of Labour
One day after the parliamentary rejection, the Ministry of Labour launched a public consultation on the digital time register and the right to disconnect. This regulatory route allows progress to be made without the need for a parliamentary majority.
The new process seeks to establish effective mechanisms to control working hours and protect workers' health through digital disconnection. It was opened for participation between 12 and 26 September 2025.
The project focuses on ensuring reliable and accessible time recording, reinforcing rights already in place since the 2019 reform. It will exclude paper-based systems and impose mandatory digitisation of time recording.
Digital time recording: the core of the new Royal Decree
The new decree will technically develop digital time recording, imposing reliability, traceability and authenticity requirements on the systems. It will provide for personal access for the worker and the possibility of secure electronic identification.
Paper formats will be banned and records will be required to be kept for at least four years, accessible even from outside the workplace. In addition, any changes must be recorded.
In the event of a dispute, the burden of proof will be on the company if there is no valid system, which could lead to automatic recognition of overtime. Fines can be up to 10,000 euros per worker.
Right to disconnect: a guarantee against digital fatigue
The decree will also reinforce the right to digital disconnection as an inalienable right. Workers will be prohibited from contacting each other outside working hours, with justified exceptions.
Collective agreements will have to define application protocols: time slots without communication, control of devices, training and measures against digital fatigue. All of this will contribute to the preservation of occupational health.
This protection is part of a broader framework of workplace safeguards, in line with European case law. The importance of limiting technological exposure outside working hours is recognised.
The limited content of the new Royal Decree
The Royal Decree will not be able to include the reduction of working hours or the higher penalties foreseen in the frustrated law. These matters require parliamentary procedure.
However, it does seek to ensure effective compliance with the Spanish working day under the current regime by strengthening its supervision. The aim is to consolidate technical improvements while political consensus is reached.
The law is expected to be approved by the Council of Ministers after passing through the Council of State and other consultative bodies. The estimated processing time is five months.
Sectoral coverage and expected effects
The new system is also intended to be applied in sectors with special working hours or less regulation, such as domestic employment or certain industrial activities. Specific regulations will be modified.
The aim is to ensure that no activity is left out of the time control and respect for digital rights. The inclusion of precarious sectors is one of the declared priorities .
This is a measure that affects large corporations as well as small companies and public entities, requiring technological and organisational adaptations. Litigation by employers is also anticipated.
The government's strategy and the future of the working day
The Executive insists that the reduction of working hours is an inalienable goal, despite the legislative setback. It is considered a pending social conquest.
Voices in favour have reiterated that the objective is still in force and that the Royal Decree is only an intermediate step. The plan is to move forward as far as possible while working towards a new consensus.
Lack of parliamentary support and business opposition hinder the way forward, but the government is confident of reopening the debate at a later date. The possibility of future reforms remains open.
ÉCIJA Advisory's legal solutions for the new working day in Spain
ÉCIJA Advisory accompanies companies of all sizes and sectors in the implementation of digital time recording and compliance. Our team is prepared to offer personalised legal and technical advice.
We assist in the implementation of time and attendance systems, revision of agreements, internal training and document adaptation. Our experience also includes support in the event of possible inspections.
Contact us to ensure compliance with current legislation on working hours in Spain and to anticipate future reforms. Our commitment is to offer safe, agile solutions tailored to each organisation.
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Frequently asked questions about working time Spain
No. The bill was rejected in Congress, so the reduction of working hours is not in force. Partial regulatory alternatives are being studied.
It is a participatory process to gather input on the new time registration and digital disconnection system. It is open to citizens and organisations.
Yes, the future Royal Decree will make digital time recording compulsory, excluding analogue or unreliable systems.
They can reach up to 10,000 euros per worker. The law tightens the penalty system and facilitates proof in favour of the worker.
They will have to adapt in the same way as other companies. Although a transition period is foreseen, there are no size exemptions.
No. The legal reduction of working hours requires parliamentary procedure. The decree can only reinforce compliance with existing regulations.