The Supreme Court (SC) clarifies that part-time workers hired exclusively to provide services on Saturdays, Sundays and holidays are entitled to the holiday bonus provided for in the collective labor agreement if there is no specific and additional compensation in their remuneration to replace it.
The Supreme Court has issued a decision (STS 165/2025, of March 4) in which it recognizes the right to receive the holiday bonus provided for in the collective bargaining agreement for the building and premises cleaning sector of the Community of Madrid in favor of a worker hired on a part-time basis exclusively to work on weekends and holidays.
This decision reverses the judgment of the Madrid Supreme Court of Justice of April 26, 2023, which had upheld the company’s refusal to pay this supplement.
Article 29.4 of the collective labor agreement expressly establishes that the Sundays and holidays bonus applies to all personnel included in the scope of the agreement, without excluding personnel hired exclusively for those days.
The Supreme Court recalls that these workers cannot be excluded from receiving the bonus, unless their contract provides for specific and sufficient compensation to absorb the greater burden of always working on public holidays.
In the case in question, the company did not prove any additional remuneration condition that would justify the exclusion of the bonus.
It is considered that denying the bonus without such compensation violates the principle of equal treatment (art. 14 EC), insofar as it is an unjustified difference with respect to workers who, while providing services on an ordinary working day, do receive it when they work on holidays on an occasional basis.
This doctrine is also based on previous case law (STS 9/06/2009, Rec. 102/2008), thus consolidating a uniform and protective criterion for these workers.
Who is affected by this ruling?
Mainly to:
- Companies operating with part-time workers on weekends and holidays (cleaning, security, hotel and catering, retail, assistance, transportation, etc.)
- Human resources departments that structure shifts exclusively on holidays or weekends
Practical consequences
- These workers cannot be denied the holiday bonus if they receive the same hourly rate of pay as the rest of the regular shift personnel.
- The company must prove a proportionally higher remuneration or a supplement that justifies the exclusion.
- The absence of this difference implies the recognition of the right to receive the bonus with retroactive effect (as claimed in court).
- Collective bargaining agreements should be interpreted in a non-discriminatory manner, even when they establish differences if these are not objectively justified.
Recommendation for companies
Review the following items:
- Part-time contracts on weekends/holidays.
- Salary tables and bonus structure.
- Possible justified and documented pay differentials.
- Application of the collective bargaining agreement in each case.
You can contact this professional office for any questions or clarification you may have in this regard.
For further information, please consult with Labor consulting
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