Companies often hire workers for a workday less than the one they are going to carry out, with the intention of completing this workday with overtime hours.
This practice is illegal in Spain and the new labour regulation prohibits the execution of overtime hours for part-time workers, except in the case of unforeseen circumstances.
Unforeseen circumstances must be a fact, which is external to the company, unexpected and inevitable (for example, a flood, a collapse, etc.). In these cases, overtime hours are obligatory for both full-time workers and part-time workers. These hours will be paid or compensated like the rest of the extra hours, although its contribution will be lower than the normal overtime hours.
How are overtime hours different from complementary hours?
Only full-time workers can carry out overtime hours. Overtime hours are usually better paid than ordinary hours. They can also be compensated with additional rest time.
Complementary hours can only be applied to part-time contracts, which mean those carried out by part-time workers when they carry out more hours than the ones stipulated in their contract.
The sum of ordinary hours and complementary hours can by no means reach the equivalent of the full-time workday, because in this case the company would be acting fraudulently. Complementary hours are paid like ordinary hours, there is no extra pay.
Collective agreements can regulate all things related to complementary hours.
This article is not considered as legal advice