In accordance with the previsions of the “Worker´s Statute”, Article 34.4, “whenever the duration of the working day exceeds six hours, a rest period, no shorter than fifteen minutes in length, should be established. This rest period is to be considered as working time, whether provided for by the Statute, through a collective agreement or through an employment contract”. All employees that work continuously for six hours are entitled to this rest period, referred to as “Sandwich Time”, whose legal framework can be summarised briefly as follows:

  1. The minimum duration of the rest period should be fifteen minutes. However, contractual or collective agreements may establish a longer rest period.
  2. In the event that this rest period is not granted, it may be remunerated.
  3. “Sandwich Time” will be considered effective working time or not in accordance with the respective collective agreement or individual employment contract.

Recently the Supreme Court has had to adopt a position on ¨Sandwich Time¨ and its compensation. Although this particular issue was quickly resolved, the judgement has received a large amount of media attention. We refer to the Supreme Court judgement on the matter, dated 10th November 2015.

See full article in Spanish by Oleart Abogados.