The Supreme Court recognizes the right to holiday pay for workers hired only for weekends and holidays.

The Supreme Court clarifies in a recent ruling that part-time workers hired exclusively to provide services on Saturdays, Sundays and public holidays are entitled to the holiday bonus provided for in the collective agreement if there is no specific and additional compensation in their remuneration that replaces it.

The Supreme Court has issued a ruling (STS 165/2025, of March 4) in which it recognizes the right to receive the holiday bonus provided for in the collective agreement of 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 overturns the ruling of the Madrid High Court of Justice of April 26, 2023, which had confirmed the company's refusal to pay said supplement.

Article 29.4 of the collective agreement expressly establishes that the Sunday and public holiday bonus applies to all staff included within the scope of the agreement, without excluding staff hired exclusively for those days.

The Supreme Court points out that these workers cannot be excluded from receiving the bonus, unless their contract includes specific and sufficient compensation that absorbs the greater burden of always working on public holidays.

In the case being judged, the company did not prove any additional remuneration condition that justified the exclusion of the bonus.

Denying the supplement without such compensation is considered to violate the principle of equal treatment (Art. 14 CE), as it is an unjustified difference with respect to workers who, providing services on ordinary working hours, do receive it when they work holidays occasionally.

This doctrine is also supported by 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?

Primarily to:

• Companies that operate with part-time workers on weekends and holidays (cleaning, security, hospitality, retail, assistance, transport, etc.)
• Human resources departments that schedule shifts exclusively on holidays or weekends

Practical consequences

1. The holiday bonus cannot be denied to these workers if they receive the same hourly pay as the rest of the staff on regular working hours.
2. The company must provide proof of a proportionally higher remuneration or a supplement that justifies the exclusion.
3. The absence of that difference implies the recognition of the right to receive the bonus with retroactive effects (as claimed in court).
4. Collective agreements must be interpreted in a non-discriminatory manner, even when they establish differences if these are not objectively justified.

Recommendation for companies

Review the following points:

• Part-time contracts on weekends/holidays.
• Salary tables and supplement structure.
• Possible justified and documented pay differences.
• Application of the collective agreement in each case.

You can contact this professional office for any questions or clarifications you may have.

Warm regards,

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MGI Àmbit

A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.

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