The Council of Ministers has approved a royal decree amending the special employment relationship for residents training to become specialists in Health Sciences. Regular working hours may not exceed an average of 35 hours per week in each six-month period, unless an agreement, pact or collective bargaining agreement establishes another calculation system. In addition, healthcare centers must inform residents of their schedules at least two months in advance.
One of the main changes concerns medical shifts. Each shift may last a maximum of 17 hours and, if it takes place immediately after the regular working day without 12 hours of rest having elapsed, both periods will be counted together. Thus, if a resident has worked seven hours during their regular shift, they may work only another 10 hours on call. After finishing, they will be entitled to 12 consecutive hours of rest. The combined total of regular hours and on-call shifts may not exceed an average of 45 hours per week over a three-month period.
As a general rule, residents may work up to four on-call modules per month, each lasting a maximum of 17 hours. A fifth module may exceptionally be added for duly justified educational reasons, but it may not be used solely to cover a structural staff shortage. Residents may also voluntarily agree to increase the number of shifts to a maximum of seven per month, provided they give express consent, which they may revoke.
Healthcare centers will have to provide accessible time-recording systems so that residents themselves can verify compliance with these limits. The regulation also guarantees a minimum uninterrupted weekly rest period of 24 hours, in addition to the 12 hours between working days.
SALARY IMPROVEMENTS
The reform also introduces salary improvements. Residents will retain the basic salary corresponding to statutory healthcare staff according to their qualifications and will receive a training supplement that increases with each year of residency. It will amount to at least 18% of the basic salary during the first year, 28% in the second, 38% in the third, 48% in the fourth and 58% in the fifth, although health services may set higher percentages.
The new framework also expands protection in situations such as temporary incapacity, childbirth, adoption, and risks during pregnancy and breastfeeding. In terms of prevention, risk assessments must be updated at least every two years and must pay special attention to psychosocial risks, assaults and the consequences of extended working hours. When there is a health risk, working conditions may be adapted or the resident may be transferred without losing their pay or any training periods already completed.
The royal decree will enter into force the day after its publication in the Official State Gazette, although its main changes will take effect on different dates. The new remuneration system will begin to apply on January 1, 2027, while the changes to working hours will enter into force on September 1, 2027.
