Next steps in approving maximum working hours reduction

The Council of Ministers (Consejo de Ministros) has approved a draft bill to reduce maximum working hours, modify the working hours register, and strengthen the right to digital disconnection. This bill stems from an agreement between the government and trade unions CCOO and UGT, reached on December 20, 2024. Employer associations did not participate in this agreement.

It is important to note that the draft bill is not yet approved and awaits parliamentary processing. Specifically, it requires re-approval by the Council of Ministers in a "second round", anticipated by the end of February. Following this, the bill will be sent to Parliament for urgent processing.

In the Congress of Deputies, the publication of the draft bill and the opening of a period for submitting amendments—which may be extended—will be ordered. After debate and approval by the Plenary, the bill will be sent to the Senate, which can:

• approve it as is;
• approve it with amendments; or
• veto it by absolute majority.

In the latter two cases, the bill will return to Congress to complete its processing. Consequently, the bill is unlikely to be definitively approved before May or June 2025, and further delays are possible.

To summarize, the draft bill introduces three significant changes:

• Reduction of maximum legal working hours: The maximum legal working hours will be reduced to 37.5 hours per week on an annual basis. Any necessary adjustments to collective bargaining agreements ("CBAs") will have to be made by December 31, 2025.

• Significant modification of working hour registers: The bill requires a digital timekeeping system accessible to employees, their representatives (if applicable), the competent labor authority, and the Labor Inspectorate. Also, the sanctioning regime will be modified to consider an infraction for each affected employee in cases of (i) having no working time register, or (ii) false data or information in the register. 

• Extension of the right to digital disconnection: The right to digital disconnection—already recognized in article 20 bis of the Workers’ Statute—will become an inalienable right. As such, employees will not only have the right to reject or ignore communications/requests received outside working hours, but they will also have the right not to receive such communications.

The above changes introduced by the draft bill are significant and will affect companies in different ways, depending on their sector and applicable CBAs, particularly regarding working hours. Some companies may not be significantly impacted if their CBAs already set lower maximum weekly hours than the new legal limit. However, for others, the regulatory change will have a substantial impact, requiring an assessment of their current situation.

Despite potential delays in the law’s entry into force and possible changes in the final text, companies should begin planning how to adapt to these important changes and remain vigilant to any possible amendments to the final text during parliamentary processing.