Collective agreement, night shift pay and safety training in 3 seconds.

Night shift pay is regulated by the Workers' Statute (art. 36.2 ET) and, where applicable, the applicable sector collective agreement. The Statute defines night work as hours worked between 22:00 and 06:00. Night workers may not regularly exceed 8 hours per day on average in a 15-day period. The supplement or surcharge for night hours must be established in the collective agreement or individual contract: most industrial collective agreements set it between 15% and 30% of the base salary. Where no collective agreement applies, the night supplement must be negotiated individually. IgeraIndustria consults both the statutory requirement and your specific collective agreement to provide the exact applicable percentage.

Article 35.2 of the Workers' Statute (ET) sets a maximum of 80 overtime hours per year per worker, not counting hours worked to prevent or repair extraordinary damage. For rotating shift workers, many sector collective agreements reduce this limit further — the metalworking collective agreement, for example, limits overtime to 40 hours per year for workers on continuous 3-shift systems. Hours compensated with rest time within four months do not count toward the 80-hour annual limit. IgeraIndustria identifies the applicable limit from both the ET and your sector collective agreement and alerts HR if any worker approaches the threshold.

Under art. 19 of the Occupational Risk Prevention Act (LPRL) and RD 39/1997 (art. 18-19), employers must provide specific risk prevention training at the time of hiring, before the worker starts their tasks. For high-risk roles (work at height, confined spaces, handling hazardous substances, use of industrial machinery), the training must cover the specific risks of the job, the protective measures in place, correct use of PPE and emergency procedures. The content and duration must match the job's actual risk level. Sector collective agreements often specify minimum hours — the metalworking agreement requires at least 20 hours of initial safety training for production roles. Failure to provide this training before the first day of work constitutes a serious infringement under the LISOS.

Temporary disability (IT) benefits during sick leave are calculated on the regulatory base, which includes the actual remuneration received in the month prior to the leave, including night shift supplements. Art. 13 of the General Social Security Law (LGSS) includes all salary supplements — including night, shift rotation and hazard pay — in the regulatory base for IT benefit calculation. This means a night shift worker on sick leave receives a higher subsidy than a day worker on the same base salary, because their regulatory base includes the night supplement. HR departments must correctly declare all supplements in the TC1/TC2 contribution bases to avoid underpayment of benefits and potential Social Security claims.

Yes. RD-Law 8/2019 made daily working time record keeping mandatory for all companies, regardless of their sector or the type of work schedule. For shift workers, the record must reflect the start and end time of each shift, including overtime. The record must be kept for a minimum of 4 years and must be accessible to workers, their legal representatives and the Labour Inspectorate (art. 34.9 ET). Non-compliance constitutes a serious infringement under art. 7.5 LISOS, with fines from €626 to €6,250. IgeraIndustria can consult shift schedules, applicable collective agreement working time provisions and record-keeping obligations in seconds.

RD 902/2020 on equal pay between men and women requires companies with 50 or more workers to have a pay register showing average remuneration by professional group, category and job type, broken down by sex. Night shift supplements are salary components and must be included in this register. Where the pay gap between any group exceeds 25%, the company must justify the difference with objective, non-discriminatory criteria. In practice, if night shifts are predominantly staffed by one sex, the pay register may flag a gap driven by the supplement. IgeraIndustria cross-references your collective agreement, job classification system and RD 902/2020 obligations to identify potential pay equity risks in shift-based roles.