The Supreme Court requires compensation for public holidays that coincide with rest days

Recent rulings by the Supreme Court have once again brought attention to a common issue in work organization: what happens when a public holiday coincides with an employee’s weekly rest day.

Judicial doctrine has gradually shaped a criterion under which, in certain cases—especially in shift work or where rest days are variable—it may be necessary to compensate for this overlap to ensure the effective enjoyment of public holidays.

The work calendar does not eliminate the right to rest

The Supreme Court reinforces a clear doctrinal line: the work calendar cannot be used as an excuse to alter or reduce the rest periods to which employees are entitled.

In this regard, the rulings establish that:

• The right to paid public holidays must be effectively guaranteed.
• Weekly rest and public holidays are distinct rights.
• The organization of the calendar cannot result in a material loss of rest days compared to the legal or collectively agreed framework.

However, this protection does not translate into automatic compensation in all cases.

 

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When must public holidays be compensated?

Supreme Court case law has established that compensation for a public holiday does not depend solely on its coincidence with the weekly rest day, but on the actual impact this overlap has on the employee’s overall rest time.

In particular, courts have analyzed situations where:

• The employee works shifts or has variable rest days.
• The weekly rest day is not fixed on the same days.
• The organizational system results in some employees enjoying fewer public holidays than others.

In such cases, if there is an actual loss of the public holiday, compensation may be required in the form of an additional rest day or another equivalent mechanism provided for in the applicable collective agreement.

Supreme Court doctrine in the cases analyzed

Among recent rulings, the Supreme Court has addressed collective disputes in which retail sector companies applied shift systems where weekly rest days could coincide with public holidays at national, regional, or local level.

In these cases, the Court has reiterated that a public holiday cannot automatically be considered “used up” if it coincides with the weekly rest day when this results in a real loss of the right to enjoy the holiday under equal conditions with other employees.

Consequently, in certain cases, it has recognized the right to compensation in the form of an additional rest day.

The case of shift workers

This doctrine has been applied especially to employees working from Monday to Sunday with variable rest days throughout the week.

In these systems, the Supreme Court has considered it essential to prevent work organization from causing some employees to systematically lose public holidays due to shift scheduling.

Therefore, when such imbalance is identified, the right to compensation may be recognized, depending on the provisions of the collective agreement and the specific organization of working time.

Impact on 2026 planning

This doctrine is particularly relevant in 2026, as some national and regional public holidays fall on Saturdays, such as the Assumption of the Virgin (August 15) or Andalusia Day (February 28).

In these cases, the actual impact will depend on each company’s working system:

• For many employees working Monday to Friday, there may not necessarily be an additional loss of rest.
• However, in shift systems or with variable rest days, it may be necessary to assess whether compensation is required.

The role of the collective agreement

The Supreme Court’s rulings also highlight the importance of the collective agreement as a key element.

In many cases, the agreement itself:

• Regulates the distribution of annual working time.
• Establishes how public holidays are taken or compensated.
• Anticipates or specifies the effects of overlaps between holidays and rest days.

Therefore, the solution is neither uniform nor automatic, but depends on the applicable collective framework in each company or sector.

Employer obligations

In light of this case law, companies must:

• Review the annual work calendar.
• Ensure that the agreed maximum working time is not exceeded.
• Guarantee the effective enjoyment of rest periods.
• Apply the provisions of the collective agreement.

Where appropriate, they must:

• Grant compensatory rest days.
• Or adjust the distribution of working time.

What this doctrine means in practice

Recent case law does not establish a general and unconditional right to recover all public holidays that coincide with weekly rest days.

What the Supreme Court does establish is a principle of protecting effective rest, particularly in shift work systems, to prevent the organization of the work calendar from materially reducing the enjoyment of legally recognized public holidays.

In short, compensation is not automatic, but it may be necessary when the overlap between a public holiday and a weekly rest day results in a real loss of the right to rest, in accordance with applicable regulations and collective agreements.

Do you need labor law advice?

The correct application of the work calendar, working time calculation, and interpretation of collective agreements requires detailed technical analysis.

At Adlanter, we help companies adapt their work organization to current regulations, minimizing risks and ensuring legal compliance.

If you would like to assess how this case law affects you, you can contact our team to analyze your situation.