The new 37.5 hour workweek in Spain would be an important change that foreign companies and businesses posting workers under cross-border service provision—especially in the construction and service sectors—must prepare for.
The Spanish government plans to reduce the standard working week in Spain from 40 to 37.5 hours, with the reform expected to take effect no later than 31 December 2025.
For foreign companies posting workers to Spain, this reform may require adjustments to work schedules, labour cost calculations and compliance procedures to comply with the new working week in Spain.
What does the new working time reform involve?
On 16 May 2025, a draft bill reducing the weekly working time was published in the Official Gazette of the Spanish Parliament. Although the law has not yet been published in the BOE (Boletín Oficial del Estado)—Spain’s official state gazette—the legislative process is well advanced and the reform is expected to enter into force in the second half of 2025.
In practice, this means that any employee working under Spanish labour law, including posted workers from other EU countries, will not be allowed to work more than 37.5 hours per week.
This change affects both Spanish companies and foreign companies providing services in Spain, as all must comply with the new working week in Spain.
Will posted workers in Spain be covered by the new rules?
Yes. Under the EU Posted Workers Directive, employees temporarily posted to another EU country must receive working conditions that meet the minimum standards of the host country.
This means that posted workers in Spain will also need to comply with the new 37.5 hour workweek once the reform enters into force.
What does this mean for foreign companies posting workers?
Foreign companies providing services in Spain—particularly in sectors such as construction, installation, maintenance and technical services—should prepare for several practical implications:
- adjust work schedules to comply with the new working week in Spain
- update working time recording systems and internal compliance procedures
- review labour cost calculations for projects and service contracts
- in construction projects or public contracts, ensure proper coordination with the main contractor to avoid breaches of Spanish labour regulations
For companies operating in the Spanish construction sector, compliance with local labour regulations is closely monitored by the Labour Inspectorate (Inspección de Trabajo y Seguridad Social).
Will salaries be reduced?
No. The reduction in working hours will not lead to lower salaries.
Employees will receive the same remuneration while working fewer hours per week under the new 37.5 hour workweek.
However, for companies, this may result in higher labour costs per hour, which should be taken into account when preparing project budgets, service contracts and public tenders in Spain.
Changes for part-time work and overtime in Spain
The draft reform also introduces important changes regarding part-time work and overtime rules:
- employees working part-time will generally not be allowed to perform overtime, except in cases provided for in Article 35.3 of the Spanish Workers’ Statute
- for full-time employees, the annual overtime limit remains 80 hours, proportionally reduced for part-time workers
- working time will be calculated as the entire period from the start to the end of the shift, which may increase the number of hours considered effective working time under the new working week in Spain
These changes will affect how companies organise work shifts and manage working time records in Spain.
Recommendations for foreign companies operating in Spain
To ensure compliance with the upcoming working time reform, foreign companies should:
- review existing employment contracts and posting arrangements
- adjust work schedules and working time recording systems
- update internal HR policies and compliance procedures
- inform posted workers in Spain about the upcoming changes to their working conditions
Early preparation will help companies avoid compliance risks and labour law violations in Spain and adapt smoothly to the new 37.5 hour workweek.
Summary: a key labour law reform in Spain
The planned reduction of the working week in Spain to 37.5 hours represents a significant change that will affect all companies operating in the Spanish market—including foreign companies posting workers.
For international businesses, this reform may require adjustments to work organisation, cost structures and compliance procedures. The objective of the reform is to improve work–life balance and modernise the Spanish labour market.
Preparing in advance will be essential for companies to remain compliant and competitive under the new 37.5 hour workweek.
Important for construction companies: REA registration in Spain
If your company plans to carry out construction projects in Spain, it is essential to ensure compliance with sector-specific regulations.
Foreign contractors and subcontractors must obtain registration in the REA register (Registro de Empresas Acreditadas) before starting any work in Spain.
At the same time, posted workers must be registered with the regional Labour Authority and assigned to a specific workplace (centro de trabajo) before the project begins.
Failure to comply with these requirements may lead to administrative penalties and work stoppages during labour inspections.