Maximum overtime hours per year: how many can be worked and what the law says

In Spain, the maximum overtime hours allowed are 80 hours per year per employee. However, there are exceptions: overtime compensated with time off within the legal timeframe and overtime due to force majeure do not count towards that limit, although they must still be recorded correctly.

For Human Resources, administration, or management, the key is not only knowing the legal limit, but having visibility into when a person or team starts to accumulate excess working time. Because the problem rarely appears overnight: it usually starts with small deviations, later finishes, poorly planned workload peaks, incorrectly recorded breaks, or shifts that do not add up.

How many overtime hours can be worked per year at most?

The general limit in Spain is 80 overtime hours per year per employee, according to Article 35 of the Workers’ Statute.

From a team management perspective, it is essential to understand that this limit applies strictly per employee and calendar year, not as a company-wide pool of hours. In other words, if the legal limit is 80 hours and a technician on your team reaches that figure in October, you cannot “transfer” the hours that an administrative employee has not used.

From a management perspective, it is also important to remember that not all overtime counts the same within that legal limit. Some must be recorded, but do not necessarily add to the annual maximum.

Does the 80-hour overtime limit apply to all employees?

Although 80 hours is the general rule set by Article 35 of the Workers’ Statute (BOE), there are groups with special rules that your department should audit closely to avoid penalties:

• Under-18s: Absolute prohibition on working overtime.
• Night workers: As a general rule, they cannot work overtime, except to prevent and repair accidents, or in highly justified irregular shifts.
• Part-time contracts: Overtime is prohibited. If they need to increase their working hours, you must use a complementary hours agreement, which has its own regulations.
• Training contracts: They cannot work overtime under any circumstances.
• Reduced working hours: If an employee has an agreed working day shorter than full-time (for example, 30h without being part-time), the legal limit of 80 hours is reduced proportionally to their working hours.

What is considered overtime?

For operational purposes, overtime is each hour worked above the maximum duration of the ordinary working day set in the contract, the applicable collective agreement, or the work calendar.

The key to good HR management: A common mistake in many companies is to think that leaving at 7:00 PM instead of 6:00 PM automatically generates one hour of overtime. That is not always the case. If your company has flexible working hours models or irregular distribution systems, that excess may be offsetting a shortfall in hours at another time of the year.

Which overtime hours do not count towards the 80-hour limit?

To keep it simple, these are the main situations to distinguish:

The fact that an hour does not count towards the annual limit does not mean it is invisible. The company must record it correctly, justify its origin, and reflect it in payroll management, time off, or shift rosters when applicable.

This is where the real talent management strategy lies. There is overtime that, although it must be recorded, does not count towards the annual maximum limit, easing pressure on your operations:

1. Hours compensated with time off: If overtime is compensated with paid time off within the four months following when it was worked, it is removed from the 80-hour calculation.
2. Force majeure hours: Urgent and exceptional hours required to repair accidents and extraordinary damage.

Remember: The fact that they do not count does not mean they are invisible. Time tracking is non-negotiable. You must record them and reflect them in payroll management or shift rosters.

What happens if the maximum overtime hours per year are exceeded

Exceeding the maximum overtime hours can create legal, financial, and organisational risks for the company. It is not only about a potential penalty, but also a compliance, traceability, and working-time planning issue.

From a legal standpoint, the Estatuto de los Trabajadores establishes that the number of overtime hours may not exceed 80 hours per year, except for the exceptions provided for by law, such as hours compensated with time off within the corresponding period or those worked due to force majeure.

In addition, the LISOS considers it a serious offence to breach rules and limits on working time, overtime, rest periods, holidays, leave, and daily time tracking records. Therefore, exceeding the legal limit may involve financial penalties, internal claims, or regularisations if the hours have not been managed correctly.

But the impact is not only regulatory. If a team needs to extend working days constantly, there may be an underlying issue: lack of coverage, poor shift scheduling, poorly distributed workload, or a lack of visibility into deviations.

That is why overtime should not be controlled only at month-end. What matters is detecting the excess before it becomes an incident.

How Woffu helps you control overtime

Keeping track of who has worked overtime, which hours have been compensated, which are still pending, and which people are approaching the annual limit can be very difficult if managed manually.

Woffu helps centralise time tracking, view actual working time, and detect deviations between planned time and worked time. This allows Human Resources and managers to get a clearer view of accumulated overtime, pending time off, shifts with recurring excess, and people who may be close to the legal limit.

The key is not only recording hours. It is being able to anticipate.

With reliable data on clock-ins, clock-outs, breaks, absences, and excess working time, the company can make decisions before the issue reaches month-end.

How is overtime paid or compensated?

The law requires that these hours be paid financially or compensated with paid time off, always subject to what the collective agreement or individual agreement stipulates.

• Financial payment: It can never be lower than the value of a standard hour. Check your collective agreement, because many require premiums of 50% or more if worked on public holidays or weekends.
• Compensation with time off: If there is no explicit agreement stating otherwise, the law sets the default rule: overtime must be compensated with paid time off within the legal period of four months following when it was worked.

Frequently asked questions about maximum overtime hours per year

How many overtime hours can be worked per year?

As a general rule, an employee can work up to 80 overtime hours per year. This limit applies per employee and calendar year, not as a collective pool of hours for the whole company.

Is there a maximum number of overtime hours per month?

There is no general monthly maximum equivalent to the annual 80-hour limit. Even so, the company must respect maximum working time, rest periods, the collective agreement, and the daily working time record. Therefore, although control is annual, it is advisable to review deviations month by month.

Which overtime hours do not count towards the annual limit?

Overtime compensated with time off within the legal timeframe and hours worked due to force majeure to prevent or repair urgent damage do not count towards the annual limit. Even so, both must be recorded correctly.

What happens if the 80-hour annual overtime limit is exceeded?

Exceeding the limit can create legal risks, penalties, wage claims, and traceability issues in the event of an inspection. It may also indicate that the company has a planning, coverage, or workload distribution problem.

How can a company control its employees’ overtime?

The company must keep a reliable time tracking record, review planned hours versus actual hours, control compensatory rest, and detect in time which people or teams are accumulating excess working time. A tool like Woffu makes it possible to centralise this information and reduce manual management.

Managing maximum overtime hours correctly is a clear indicator of business maturity. A well-sized team, together with an efficient digitalisation and recording tool, not only helps reduce risks in the event of an inspection, but also builds a more transparent, orderly culture that respects people’s time.