Spain: Accrual of Salary for Days Off

The ruling of the National Court dated March 23, 2026 (Case No. 33/2026) resolves a collective dispute brought by the CGT against the company Enterprise Solutions Consultoría y Aplicaciones España, S.L.U., with the support of Trade Unions.

The debate centred on whether, upon termination of the employment relationship, the company must include in the severance pay the proportional portion of the salary corresponding to the weekly rest period accrued from the days worked in the last week.

This legal issue may seem of “minor importance”; however, it is beginning to take root in the Spanish labour market, and therefore, we cannot rule out the possibility that the labour inspectorate will take action on the matter in the future.

Specifically, this issue typically arises with permanent seasonal employees or temporary workers who, after fulfilling the term agreed upon in their contract, find that they are paid for the days worked but not for the rest days they have accrued, which results in a loss of contribution days for the purposes of social security benefits.

In the specific case cited, the company argued that, since it paid monthly wages, that compensation was already included and that the dispute could not be processed as a collective one because it would require reviewing severance payments on a case-by-case basis. The National Court rejected that objection and held that a real and current collective dispute does exist, because the practice in question generally affects the company’s workers.

Essentially, the Chamber bases its ruling on Article 37.1 of the Workers’ Statute, which recognizes the right to a minimum weekly rest period of one and a half days, and on Article 26.1 of the Workers’ Statute, which requires that this rest period be compensated. The ruling explains that the weekly rest period does not arise at the end of the week, but rather accrues during the actual work performed during the week. Therefore, if the contract terminates on a Friday, the employee is entitled to have the portion corresponding to Saturday and Sunday—accrued based on the days worked—included in the final settlement. The court further notes that this criterion does not change simply because the company pays monthly wages or invokes an internal practice, as this does not alter the paid nature of the weekly rest period.

The National Court also notes that the company did not provide sufficient evidence to demonstrate the existence of a valid alternative practice, nor did it present employment contracts, annual calendars, or other elements to justify its position. Consequently, it concludes that the company was omitting from the severance pay a wage component that should have been included. The ruling upholds the claim, affirms the employees’ right to receive, as part of their severance pay, the proportional portion of the weekly rest accrued during the final week, orders the company to cease this practice, and requires it to adjust the amounts omitted from severance payments made over the past year, with default interest of 10%.

In practical terms, the ruling reinforces that the severance pay must reflect not only the days actually worked but also the compensation for the weekly rest period that has already accrued. This may have an impact on dismissals, voluntary resignations, and any other termination of employment in which the company had been paying only for the days worked without adding that proportional portion of the rest period. The ruling is not final and may be appealed to the Supreme Court.