Spanish workers can breathe a sigh of relief: A new ruling by the Audiencia Nacional is currently sparking debate across the country – and is likely to grant thousands of employees additional days off. In future, public holidays that fall on a Saturday can no longer simply be cancelled without compensation if Saturday is already a non-working day.
Spain Expat Press Editorial Team
by Marlon Gallego Bosbach
Industries with shift systems, rotating working hours, or fixed weekend schedules are particularly affected. Trade unions are already describing the ruling as a historic victory for workers’ rights in Spain.
Public holidays must not be offset against regular rest days
At the heart of the case was the question of whether a statutory public holiday is “lost” if it falls on a Saturday and employees are already off work on that day. This practice had been common in many companies for years.
The Spanish National Court has now ruled clearly that employees are entitled to all statutory public holidays, regardless of whether they fall on a Saturday or any other regular day off. If a public holiday falls on a non-working Saturday, a corresponding compensatory day off must be granted.
Call centres and shift-based workplaces are particularly affected
The case was initiated by several Spanish trade unions, including UGT, CCOO, CGT and USO. The complaint was filed against the employer association of customer experience and call centre companies (CEX).
In these sectors, many employees work on rotating shifts or weekend schedules. Under the previous system, this often meant that public holidays were effectively lost. The court has now clarified that statutory public holidays must not be “used up” by existing weekly rest days.
Compensatory day off within 14 days
Following the ruling, the compensatory rest day must be granted within 14 days of the affected public holiday. However, this does not automatically mean that employees will get the following Monday off.
Companies can organise the compensatory day off flexibly within this period. How exactly this will be implemented will likely depend heavily on individual collective bargaining agreements, works agreements, and internal shift schedules.
These 2026 public holidays are particularly relevant
The ruling comes at a sensitive time, as several important public holidays in 2026 fall on a Saturday. Particularly significant is 15 August, the Feast of the Assumption, as this is a nationwide public holiday affecting millions of workers.
The Feast of Saint James on 25 July, which is celebrated in several regions of Spain, as well as St Stephen’s Day on 26 December in Catalonia and the Balearic Islands, also fall on a Saturday in 2026. For many employees, these days could now mean additional time off.
Retrospective claims may be possible
Another particularly significant aspect of the ruling is that the court indicated employees may, in certain cases, also be able to claim compensatory days off or compensation retrospectively, provided that the statutory limitation periods have not yet expired.
If this interpretation is upheld, numerous companies could face substantial backdated claims. Employment law experts are already expecting further legal challenges to follow.
Trade unions celebrate a “historic victory”
Spanish trade unions welcomed the ruling immediately after its publication. Employees will no longer be disadvantaged simply because public holidays happen to fall on a Saturday.
For many employees, the decision means not only more actual days off, but also better predictability and stronger rights in relation to employers.
Ruling could be extended to other sectors
Although the ruling initially applies officially to the call centre sector, experts expect it to have a wider precedent effect across many other industries.
The ruling is likely to be particularly relevant for the hotel and hospitality sector, the restaurant industry, retail, tourism, as well as care services and industrial companies with shift systems. Many collective bargaining agreements are now expected to require adjustment.
Spain guarantees 14 public holidays per year
Under Spanish labour law, employees are generally entitled to up to 14 statutory public holidays per year. These include both national holidays as well as regional and local holidays.
With the new ruling, this right is now significantly strengthened. However, for employers, the decision could lead to additional costs and organisational challenges, particularly in sectors where staffing schedules are already under pressure.
What is clear is that the ruling could permanently change the way public holidays are handled in Spain.
