It may seem illegal, but it is not. Monday to Sunday contracts exist and are based on the fact that there is no day off during the week. These contracts are often common practice in the hospitality industry during the high season or in the health sector.
This type of contract can be very stressful as the employee does not have any days off during the week. In addition, if we add family burdens or any other personal commitments, it can become an ordeal for any employee. However, people who opt for this type of contract tend to do so because of the salary, which is obviously higher.
If you are considering starting to work 7 days a week, you will need to organise your time very well in order to fulfil your obligations. Also, check if the salary is fair in relation to the number of hours you work and the fact that you do not have any off days. Below, we will talk about the rights of employees who work from Monday to Sunday.
Duration of the working day
The duration of the working day must be agreed in the collective labour agreement or in the employment contract, so we recommend that you read the conditions of the contract carefully before signing it and starting to work. However, in general terms, the duration of a contract cannot exceed the maximum annual working hours, i.e. the annual hours that correspond to you according to your collective labour agreement.
- As for the working week, it may not exceed 40 hours.
- The working day may not exceed 9 hours.
In some cases, the weekly working week may be up to 42 hours and the daily working day may be 12 hours, as long as the collective labour agreement states so.
Although you may not have a rest day as such, there are different periods of time when you can rest.
- On a weekly basis, workers have the right to rest for one and a half days each week. However, the law allows this time to be accumulated up to 2 weeks.
- A minimum of 12 hours must pass during the day before the start of the next working day.
With regard to holidays, the holiday period that cannot be substituted by financial compensation will be dictated by the collective labour agreement or the employment contract. However, as in any ordinary employment contract (link to Ordinary indefinite-term contract: what is it and when to use it?), in no case may it be less than 30 calendar days. Holidays will be scheduled by mutual agreement between the company and the employee.
It is very important that before signing a contract of this kind that you clearly understand all this information. If you have any concerns or you consider that there are any abusive clauses in your labour contract, do not hesitate to contact GyV; where with over 20 years of experience in labour consultancy, they will help you with everything that you need.