Spanish workers have strengthened legal protection against overtime work-related messages thanks to updated labour laws. According to the Workers’ Law (Estatuto de Los Trabajadores), employers who repeatedly interfere with employees beyond their contracted working hours could face a substantial fine of up to 7,500 euros.
The principle behind this regulation is the perceived right to “digital cutting,” a concept designed to protect employees’ personal lives and well-being. Article 20 BIS of the Workers Act clearly states that employees are not obligated to attend professional communications, such as WhatsApp messages, phone calls, emails, etc. other than established working hours. This legal protection extends across the Spanish public and private sectors, forming part of a broader push towards improving work-life balance. Labor inspectors are authorized to enforce these rights and can apply sanctions if there is a violation. Penalties range from 751 euros for minor offences to up to 7,500 euros for repeated or more serious offences.
Legal experts point out that isolated or emergency communications may not result in penalties, but that employers’ continuous contact with staff over time can lead to permanent violations that can lead to serious consequences. The Social Order Infringement and Sanctions Act (LISOS) controls the imposition of these fines.
In addition, businesses must respect collective bargaining agreements. This increasingly includes certain conditions regarding the right to cut. Without a contract, businesses are expected to implement internal policies to ensure staff are not subject to pressure on working communications outside of agreed schedules. The law allows exceptions such as genuine emergency situations and contractual arrangements. However, these must be clearly defined within the employee’s contract. Daily or unfair communication other than working hours is prohibited.
In recent months, Spanish courts have strengthened these protections and issued rulings in favour of workers who complained about harassment outside of business hours. One such case involved a company that repeatedly sent WhatsApp messages to employees in the evenings and weekends, resulting in heavy fines and compensation to affected staff. Spain’s Ministry of Labor has confirmed it intends to continue monitoring digital practices in the workplace to prevent “technical overreach” in personal life. This is in line with broader European trends as several EU countries, including France, Portugal and Belgium, have already established similar rights.
In municipalities such as Madrid and Barcelona, local labor inspectors have reported an increase in employee complaints regarding violations of digital cut rights, particularly since the rise of remote working. The Covid-19 pandemic has accelerated homeworking practices. Employers are now being encouraged to create clear protocols to respect workers’ downtime. This includes shutting down internal messaging services after business hours, scheduling non-emergency emails on the next business day, and educating managers about the risk of breaching employee break periods.
In addition to the economic penalties, the company has admitted it was guilty of infringing these rights. Research shows that modern employees value work-life balance and are more likely to seek employment in an organization that respects personal time.
Workers’ laws and accompanying regulations represent an important step towards modernizing Spanish labor relations. With the fine reaching 7,500 euros, the law sends a strong message about the importance of respecting personal boundaries in a digitally connected world. As awareness spreads, both employees and employers are encouraged to become familiar with the rights that workplace practices support a healthier balance between professional responsibility and personal well-being.
