Our office often receives questions about whether employees are allowed to be employed on Sundays, under what conditions and how it is remunerated. Below we will analyze the current legal framework in simple words.

Mandatory holiday

Sunday is in principle a mandatory public holiday according to the Royal Decree 748/1966. This means that on Sundays the employment of workers and the operation of businesses are prohibited, unless one of the exceptions provided for applies.

Exceptions where work on Sunday is allowed

There are specific cases where Sunday work is permitted, depending on the category of employee, the nature of the business and its mode of operation, as well as the nature of the work:

1. Categories of employees exempted:

The provisions on compulsory rest on a Sunday or public holiday do not apply to the following categories of workers:

• In agricultural, livestock, fishing, farms and work in general.
• In undertakings or holdings employing only members of the employer’s family, provided that any transaction with purchasers or consumers of production or marketing goods is prohibited.
• Sea workers.
• Domestic employees.
• Students of technical schools, if they are engaged in their practice.

2. Special categories of undertakings:

Some businesses are exempt from the mandatory holiday:

– Transport and postal services companies

– Companies for the repair and maintenance of means of transport, vulcanizers, petroleum and oil distribution stations for cars, car parks (garages) and washing-lubricating facilities and washing, grease and lubrication works at gas stations.- Companies producing transforming and distributing electricity, water, gas, steam or atomic energy.

– Telecommunications, radio, television and film reception companies

film graphics.

– Companies of public and entertainment shows and entertainment centers, lottery agencies, newspaper agencies, all kinds of exhibitions, museums, concerts, sports competitions, horse racing, sports clubs, travel agencies and clubs.

– Restaurants, patisseries, cafes and other catering establishments.

– Hotels, baths and florists.

– Hospitals, clinics, surgeries and other health institutions.

– Kiosks, photo shops, nut shops.

– Shops of non-daily newspapers and magazines.

– Distribution centers for merchandise to retail outlets.

– Companies producing, storing, transporting and distributing medicines and paramedical supplies to hospitals.

– Logistics companies.

– Shared services centers of groups of companies, data centers and generally computer centers of groups of companies.

– Paper archive digitization companies.

– Companies providing customer service call center and technical support.

– Enterprises producing ready-mixed concrete and quarrying, mining and mining activities.

– Security companies, practical training of candidate drivers and training centers for pilots, crew and aircraft technicians, as well as training centers for aircraft and passenger ground handling personnel.

– Food industries, bottling of natural mineral water, production of soft drinks with preparation of bottling products.

– Conference organization companies.

– Greenhouse cultivation enterprises with preparation and packaging of greenhouse products.

3. Businesses with continuous operation:

Industries, such as cement, pasta, brewing, paper milling, and others that require continuous operation, are allowed to employ workers on Sundays. This work is carried out on the basis of a three-shift system, ensuring the necessary rest of workers.

4. Categories of work excluded:

Employees employed in the following jobs, regardless of the type and form of business, work legally on Sundays, such as:

• Storage
• Work in the countryside
• Motive power supply and heating
• Bread selling and baking until 14:00 hours.

Special cases licensed by the Labour Inspectorate

The Labour Inspectorate may allow work on Sunday in specific cases, as provided by law. These include:

1. Receipt and distribution of foreign press.
2. Foreign currency exchange departments in banks for tourist service and exchange offices.
3. Seasonal businesses or businesses using materials subject to rapid deterioration.
4. Cleaning, maintenance and repairs of facilities.
5. Urgent work to avoid disasters or breakdowns affecting the operation of the business.
6. Inventory of merchandise and decoration of showcases.
7. Examinations for obtaining degrees or diplomas.
8. Legal extracurricular activities of private schools, such as seminars, competitions, cultural and charity events.
9. Maintenance of public or private school buildings, when not possible on other days.
10. Adaptation and upgrade of information systems.
11. Administration of examinations in language schools or language schools.

The application for a permit must be submitted through the electronic services of the Labour Inspectorate by the previous working day.

Pay and substitute rest for work on Sunday

Employees employed on Sundays are entitled to a 75% daily wage increase. If they work more than five hours, they are entitled to an additional rest day within the week, to be determined by the employer. On the other hand, those who work less than 5 hours on Sundays do not establish a right to a 24-hour substitute rest, but have the possibility to request an equal rest on another working day.

Understanding and observing the laws on Sunday work is essential both to protect workers’ rights and to avoid legal sanctions for employers. For any questions or legal advice, you can contact our office.