Arriving early at work has long been seen as a sign of commitment and professionalism. Many employees believe that starting ahead of time improves their standing with management or helps them cope with a heavy workload. However, Spanish labour law and recent court rulings make it clear that beginning work earlier than agreed, without authorisation, can lead to serious consequences, including disciplinary dismissal without compensation.
Spa.in Press
A landmark case in Alicante
A recent case in Alicante has brought this issue into sharp focus. A worker was dismissed after repeatedly arriving between 30 and 45 minutes before the start time stipulated in her employment contract, despite having received clear warnings from her employer. Her working day officially began at 7:30 a.m. According to her own account, she arrived earlier in order to manage what she described as an excessive workload.
Explicit warnings ignored
The employer first issued verbal warnings and later formal written instructions, explicitly stating that she must not start work before the agreed time. Despite these warnings, the employee continued to arrive early, prompting the company to proceed with disciplinary dismissal.
The real issue: working time records
The core of the dispute was not punctuality, but compliance with working time regulations. Under Spanish law, companies are required to accurately record the start and end of each employee’s working day. Any time worked outside the agreed schedule is legally considered overtime. Problems arise when such overtime has not been expressly authorised by the employer.
The court’s ruling
The court concluded that the employee’s conduct disrupted the company’s working time records and affected its internal organisation. It also noted that this was not an isolated incident, but a repeated practice carried on despite clear instructions. The dismissal was therefore upheld as lawful.
Dismissal without compensation
As the dismissal was classified as disciplinary and justified, the employee was not entitled to any severance pay. The court considered that the repeated breach of instructions had irreparably damaged the relationship of trust between employer and employee.
Not every early arrival leads to dismissal
Labour law experts stress that arriving early does not automatically justify dismissal in every case. For such a measure to be valid, it must be proportionate and supported by clear evidence that the employer issued explicit warnings. In this case, those conditions were met.
What employees should do
Working hours begin and end at the times set out in the employment contract or applicable collective agreement. Any change, whether starting earlier or finishing later, must be expressly authorised. Employees who feel overwhelmed by their workload should raise the issue with management and seek a reorganisation of duties, rather than extending their working day on their own initiative.
Expert advice
Employment law specialists summarise the lesson succinctly: overtime should always be agreed in writing. Without formal authorisation, even well-intended dedication can be interpreted as misconduct, with consequences as severe as dismissal without financial compensation.
