In the Workers Statute, night runs from 22:00 to 6:00. Anyone who works in that window regularly has a limit of eight hours on average, cannot work overtime, is entitled to a free medical check and can move to a day job if nights harm their health. What you will not find in the law is the amount of the supplement: your convenio colectivo (collective agreement) sets that.
Night work is work between 22:00 and 6:00
Article 36.1 defines night work as work done between ten at night and six in the morning. If your shift starts at 20:00 and ends at 04:00, part of it is night work (22:00 to 04:00) and part is not.
A company that regularly uses night work has to inform the labour authority (autoridad laboral). That is its obligation, not a formality for you.
You are a “night worker” with three hours a day or a third of the year
One odd night is not enough. The Statute treats as a night worker anyone who:
- normally does at least three hours of their daily working time in the night period, or
- is expected to do at least a third of their annual working time in that period.
Example with numbers. You work from 20:00 to 04:00.
| Item | Calculation | Result |
|---|---|---|
| Length of the shift | 20:00 to 04:00 | 8 hours |
| Hours inside the night window | 22:00 to 04:00 | 6 hours |
| Do you reach 3 hours a day? | 6 ≥ 3 | Yes, you are a night worker |
| Share of the shift | 6 ÷ 8 | 75% of the shift |
If you only cover a venue’s closing from 21:00 to 23:00 (one night hour), you do not reach the daily threshold, although that hour is still night work. The threshold only decides whether the night worker safeguards apply to you.
The limit: 8 hours on average over 15 days, and no overtime
Article 36.1 sets that night workers’ working time cannot exceed eight hours a day on average, over a reference period of fifteen days. It adds that they cannot work overtime.
Two consequences:
- One day may run longer than another: what counts is the fifteen-day average, which cannot exceed eight hours a day.
- Your employer cannot stretch your night shift with overtime. If it asks, remind it in writing. The general rules are in overtime: limit and pay.
Example of the average. Over 15 days you work 12 shifts of 8 hours: 12 × 8 = 96 hours. Spread over the 15 days that is 6.4 hours a day, and over the 12 days worked it is 8. Either way, you are within the cap. If the exact method matters in your case, ask how your agreement counts it.
Article 36.1 also refers to article 34.7: the Government can set extensions or limits for specific sectors, and add limits and safeguards for certain activities. Those regulations are not in the text of the Statute: check them if your sector is special.
The night supplement is set by your agreement, not the Statute
This is where you should not rely on what a colleague tells you. Article 36.2 says night work carries specific pay to be determined in collective bargaining, with two exceptions:
- The salary was already set on the basis that the work is night work by its very nature.
- It was agreed to compensate night work with rest.
So there are three possible scenarios: a cash supplement (whatever your agreement says), time off in exchange, or a salary that already includes the night. The Statute sets no percentage. If your payslip shows no night item, check which of the three applies: look in the agreement for the clause on “nocturnidad” or night work, and in your contract for wording saying the post is night work by nature. In how to read your payslip you can see where to look for the item.
Health: a free check and the right to move to days
Article 36.4 guarantees you a level of health and safety protection equivalent to that of other staff. In addition:
- The company must guarantee a free assessment of your health before you move to night work and at regular intervals afterwards.
- If health problems linked to night work are recognised, you are entitled to be assigned to a day job that exists in the company and that you are professionally suited for.
In companies with 24-hour continuous production, article 36.3 adds that shift rotation must be taken into account and no one will be on nights more than two consecutive weeks, unless they volunteer.
Why your case may be different
- Your collective agreement regulates night work in detail. It may set the amount, hour limits or compensation in rest. It is the rule that weighs most on your supplement.
- You work rotating shifts. The Statute defines shift work and the rotation rules; the roster governs, but it cannot break the 8-hour average limit.
- Your sector has its own regulation. The limits in article 34.7 may change what this page says.
To complete the picture on schedules, see the weekly hours limit, the mandatory 12-hour rest and what you are owed for working Sundays and public holidays.
What to do if it is not respected
- Keep your rosters and clock-in records; the working time record is your proof.
- Ask HR in writing for the night item you are entitled to under the agreement.
- If there is overtime on night shifts or no medical assessment, say so in writing and go to a union.
The labour infringements law (LISOS) treats breaching the legal or agreed limits on working time and night work as a serious offence (art. 7.5), with fines of €751 to €7,500 depending on the grade (art. 40).
This page is general information based on the consolidated text of the Workers Statute. If deadlines or money are at stake, talk to an employment lawyer (abogado laboralista) or a union.