Your day goes down to 37.5 hours this year? Not for now. Despite the holders and the agreements signed, the reduction of working hours has not come into force. It should be made clear, because applying a day that the law does not require —or deny it when a convention does recognize it— It makes expensive mistakes. This is what the regulations say today.
What is the maximum legal day in Spain?
The maximum ordinary day is still 40 hours per week average per year, according to Article 34 of the Staff Regulations. It is a reference that has been in force since 1983: more than four decades without changes in the legal ceiling.
This does not prevent many templates from working less: collective agreement or contract They can set a shorter day, and in fact many sectors are already below 40 hours. But that lower limit was born from negotiation, not from a general reform of the Statute.
What happened to the 37.5-hour reform
The measure was one of the key initiatives of the Ministry of Labour, but did not exceed the parliamentary procedure:
- 6 May 2025: The Council of Ministers approved the bill to reduce the day from 40 to 37.5 hours a week without a wage cut and referred it to Congress as a matter of urgency.
- 10 September 2025: The Congress of Deputies rejected the procedure. The opposition's amendments were successful with the votes against PP, Vox and Junts.
Result: reform declined and maximum legal day It didn't change..
What the reform included (and why it matters to know)
Although it did not go ahead, it is worth understanding what it proposed, because it marks where the next discussions will go:
- A new general roof of 37.5 hours per week as a maximum ordinary day, maintaining the salary.
- One digital day registration accessible to strengthen transparency and facilitate the control of the Labour Inspectorate.
- A strengthening of the right to digital disconnection, to prevent the actual day from being extended with emails and messages off-schedule.
Can it be reprocessed?
Yeah. The Government had reiterated its commitment to the measure, but it needed a sufficient majority in Congress. It would require a new text approved by the Council of Ministers, a new parliamentary procedure and its publication in the BOE with the date of entry into force. Today No official date for a new attempt.
What this means for your company today
- The maximum time required remains at 40 hours per week annual average.
- If you agreement or contract set a lower day, that is the one that applies: the most favourable condition always prevails.
- The daily time registration it is already compulsory for all companies since 2019, regardless of the reform. It should be properly implemented, because it is one of the usual focal points of the Labour Inspectorate.
Frequently asked questions
Is the 37.5 hour day required in 2026? No. The bill was rejected by Congress on 10 September 2025. The maximum legal day is still 40 hours a week on average in annual computation.
Do I have to reduce my staff day? Only if it's your collective agreement or the contract. The general law does not require 37.5 hours.
Is the day registration still mandatory? Yeah. The daily registration of the day has been compulsory since 2019, apart from the 37.5-hour reform.
This article is informative and does not constitute legal advice. The situation may change if the Government reactivates the reform process. In LEYNVER we advise companies and workers on time, time registration and conciliation. If you have doubts about how it affects your case, contact us.
