Few employment topics have generated as much confusion in recent years as the reduction of the working week to 37.5 hours. There has been talk of agreements, a bill was approved, deadlines were announced… and yet many companies remain unclear about what is mandatory today and what is not. This article sets the record straight: what actually happened, what is in force in 2026, and what you can do to prepare without falling for misinformation.
The Direct Answer: It Is Not in Force
Let’s start with the essential point, since it is what people search for most and get wrong most often: the 37.5-hour working week is not law in Spain. The maximum legal working week remains 40 hours per week on average calculated on an annual basis, under Article 34 of the Workers’ Statute. This reference has been in force since 1983.
The sequence of events was as follows: the Government approved the bill in the Council of Ministers in May 2025 and submitted it to Congress. However, on 10 September 2025, Congress rejected its processing through a motion of total rejection. That rejection returned the text to the Government and blocked any immediate progress. To try again, the Executive would need to approve a new bill from scratch and secure sufficient parliamentary support.
As of today, there is no official date for a new legislative process. The Government has reiterated its commitment to the measure, but without a specific timeline. In practical terms, what governs is the Workers’ Statute and, below that, the provisions of each collective bargaining agreement.
What the Reform Proposed (and Why It’s Worth Understanding)
Although the reform did not go through, it is worth understanding its rationale, as it will shape the direction of future debates. The bill was built on three connected pillars:
- Reduce the standard maximum working week from 40 to 37.5 hours per week, with no reduction in salary. In other words, earning the same while working slightly less.
- Strengthen time-recording requirements through digital, standardised, and verifiable systems.
- Safeguard the right to digital disconnection, so that failing to respond to communications outside working hours could not have consequences for the employee.
The initial proposal envisaged a gradual reduction (first to 38.5 hours and then to 37.5), a model that was ultimately abandoned in favor of a direct reduction. Collective bargaining agreements with longer working weeks would have had to be renegotiated to comply.
What Has Actually Changed in 2026
The fact that the general reduction has stalled does not mean that everything remains unchanged. There are two real developments worth keeping on your radar.
The first is digital time recording, which the Government has decided to advance separately by royal decree, relying on Article 34.9 of the Workers’ Statute. This route is independent of the outcome of the working-week reduction and is moving forward on its own: it will apply to all companies, with no exemption based on size, and will replace analogue methods with digital systems that are tamper-proof and remotely accessible to the Labor Inspectorate.
The second is the working week in the public sector. The Government has implemented a working-week reduction for public employees of the General State Administration, with a reference point of 35 hours per week following the agreement reached at the negotiating table. This is a different sphere from the private sector, but it reinforces the direction of the debate.
What This Means for Your Company
If you run an organisation with rotating shifts—such as hospitality, retail, services, or the social/healthcare sector—the working-week reduction raises operational challenges worth analysing before the regulation arrives, if it ever does. The reason is simple: in sectors where coverage cannot be reduced (for example, services operating 24 hours a day), lowering each person’s working hours necessarily means either a larger workforce or heavier reliance on overtime.
Preparing in advance offers a competitive advantage. Modelling different scenarios today—how your shift schedules would look with a shorter working week, how much staff you would need, how it would affect the annual calculation—allows you to react quickly when the window for adaptation is short. And, beyond the legal obligation, offering a reduced working week is a powerful employer branding argument in a market with fierce competition for talent.
What Remains in Force Today: Don’t Let Your Guard Down
While the debate over the reduction remains open, there are obligations already in force that should not be overlooked:
- The standard maximum working week remains 40 hours per week on average calculated on an annual basis, unless your collective agreement establishes fewer. Always check the applicable agreement, as many already set shorter working weeks.
- Daily time recording is mandatory and is moving toward digital systems.
- The right to digital disconnection already exists in law, and it is advisable to have clear internal policies in place.
The most common mistake is to freeze while waiting for “something to be approved.” Companies that use this period to review their time-tracking systems, organise their internal agreements, and strengthen their planning arrive far better prepared for any change.
How We Support You
At Securex RRHH, we help interpret how these changes affect your specific organisation: from reviewing your collective bargaining agreement to modelling working-week scenarios and their exact reflection on payroll. And if you would prefer to have an expert team handle labor and payroll management, our outsourcing service frees you from having to track every legislative development.
The working-week reduction will continue to make headlines. Our job is to make sure that, whatever happens, you have the answer before it becomes a problem.