In the Canary Islands, as in the rest of Spain, performing work duties during the night is a constant reality in strategic sectors like hospitality, healthcare, and security. However, one of the main uncertainties for staff is how the night shift bonus is correctly paid.
Article 36 of the Workers' Statute stipulates that night work is not just another ordinary shift; it involves a series of specific economic rights and rest periods. It is crucial for every employee to be aware of these details to ensure correct application on their payslip and avoid potential irregularities.
“"Night work is defined as that performed between ten at night and six in the morning."
Spanish labor regulations clearly define night work as that carried out between ten at night and six in the morning. To be considered a night worker and be entitled to this bonus, one of two conditions must be met: performing at least three hours of the daily shift within this timeframe or being scheduled to work at least one-third of the annual working hours during night time.
An aspect many workers overlook is that, even if the shift ends at 10:30 PM, those 30 minutes are already considered night work and must be proportionally compensated, unless the salary explicitly accounts for this circumstance.
Unlike the basic salary, the night shift bonus does not have a universal fixed amount. Its value is established through collective bargaining, either via the sector's collective agreement or the company's own agreement. Generally, this supplement is calculated as a percentage of the basic salary or as a fixed amount per night hour worked. It is crucial to review the applicable agreement, such as the Hospitality Agreement in Santa Cruz de Tenerife, to know whether compensation is financial or through additional rest periods.
There are three main exceptions where companies are not obliged to pay this bonus additionally: when the work is intrinsically nocturnal and the salary already includes it (e.g., a night security guard), if the agreement compensates with equivalent or greater rest periods, or if the contract specifies that the overall salary already incorporates night work compensation.
Labor law experts advise regularly checking payslips to ensure the night shift bonus is itemized under “salary supplements”. If it is not listed, the first step is to consult the collective agreement. Working at night entails additional effort for health and work-life balance, making this right a fundamental protection. Failing to claim it can lead to a significant loss of purchasing power. If irregularities are detected after reviewing your contract and agreement, unpaid amounts from the last 12 months can be claimed.
