The Labor Code sets clear rules regarding breaks during the workday, daily rest periods, and weekly rest, in order to protect employees’ health and ensure a balance between professional and personal life.
- Lunch Break
If the workday exceeds 6 hours, employees are entitled to a lunch break and, where applicable, to other breaks provided in the collective agreement or internal regulations.
Employees under 18 are entitled to a lunch break of at least 30 minutes if they work more than 4 and a half hours.
In general, breaks are not included in the normal daily working time, unless otherwise provided by the collective agreement or internal regulations.
- Daily Rest
Between two working days, employees must have a rest period of at least 12 consecutive hours.
For shift work, the daily rest may be reduced to a minimum of 8 hours between shifts.
- Shift Work
This involves organizing the work schedule so that employees succeed each other at the same workplace during different time intervals (continuous or discontinuous schedules).
A shift worker is any employee who works according to this type of schedule.
- Weekly Rest
The minimum duration is 48 consecutive hours, usually on Saturday and Sunday.
If activity does not allow rest during these days, it may be granted on other days established by contract or regulations.
Employees working on weekends are entitled to a wage supplement established by contract.
As an exception, weekly rest may be granted cumulatively after a maximum of 14 consecutive working days, with the approval of the Labor Inspectorate and the agreement of the trade union/employee representatives.
In such cases, employees receive double the compensation provided for overtime work.
- Suspension of Weekly Rest
This is only possible in urgent situations, such as rescuing people, protecting property, preventing accidents, or remedying their consequences.
Employees whose rest is suspended are still entitled to double the legal compensation.
Conclusion
Lunch breaks, daily rest, and weekly rest are not only legal rights but also essential measures for maintaining employees’ health and productivity. Any deviation from these rules must be justified and properly compensated. If you have doubts about whether your rights are being respected at work, consulting a lawyer specialized in labor law can help you protect your interests.
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