Can I refuse to work overtime?
Yes, unless agreed or force majeure. Overtime is hours beyond the ordinary working day. As a rule it's voluntary: you can refuse, unless doing it is agreed in the collective agreement or contract, or it's force majeure (preventing or repairing disasters). The legal cap is 80 overtime hours a year. It's paid (at no less than the ordinary hour) or offset with rest within the following 4 months. Also, the company must keep a daily log of the working day to control it.
📋 The rules
- Overtime voluntary unless agreed (agreement/contract) or force majeure
- Cap of 80 overtime hours a year
- Paid (no less than the ordinary hour) or offset with rest
- Rest offset within the following 4 months
- Daily working-time log mandatory
🔓 Exceptions
- Force majeure (disasters, urgent damage): mandatory and not counted in the 80 cap
- Agreement or contract can set the duty to do them
- Rest between days (12 hours) and weekly rest: must be respected
⚠️ Penalties & fines
A dismissal or sanction for refusing voluntary overtime would be unfair or void. Conversely, if the company doesn't pay overtime, exceeds the 80-hour cap or doesn't keep the working-time log, it faces sanctions from the Labour Inspectorate and a pay claim. Keep evidence (emails, clock-ins) of excess hours; the time log is key to claiming.
📎 Official sources
- BOE · Workers' Statute (art. 35, overtime) →
- Ministry of Labour · Working day and overtime →
- Labour Inspectorate · Working-time log →
❓ Frequently asked
Can I refuse to work overtime?
Yes, generally it's voluntary and you can refuse. It's only mandatory if the agreement or your contract sets it, or in force-majeure cases (preventing or repairing disasters and urgent damage).
How many overtime hours can I do a year?
The legal cap is 80 overtime hours a year. Those for force majeure, and those offset with rest instead of being paid, don't count towards that cap.
How is overtime paid?
At no less than the ordinary hour (the agreement usually sets a premium) or offset with equivalent rest time within the 4 months following the work.
What if the company doesn't pay my overtime?
You can claim the amount owed and report it to the Labour Inspectorate. The daily working-time log, mandatory for the company, is the key evidence: keep your clock-ins and any communication about the excess hours.
Is the working-time log mandatory?
Yes. The company must keep a daily log of each worker's working day, with the exact start and end times. It serves to control overtime, and failing to keep it is sanctioned.
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