When training is considered as working time according to 3821/2025

The Supreme Court, in its Ruling 3821/2025 dated 9 September 2025, ruled that mandatory training required by regulatory changes or by the very nature of the position must be considered effective working time. The case analysed affected the workers of an entity dedicated to maritime rescue and safety, who had to periodically take courses to revalidate their maritime certificates in order to be able to embark, in subjects such as basic safety training, survival craft and rescue boats and advanced firefighting.

These courses are paid for by the employing entity, which also pays per diems and expenses but does not count them as time worked. The unions argued that these courses were an obligation imposed by the company and safety regulations, and should therefore be considered as part of working time. The National High Court dismissed the claim, arguing that the renewal of the certificates was an individual responsibility of the worker.

The Supreme Court corrected the National Court's interpretation and determined that these courses are not voluntary or personal training, but a legal obligation deriving from regulatory modifications that directly affect professional performance. Therefore, the required training must be considered to be included within the worker's right to adapt his or her training provided for in Article 23.1.d) of the Workers' Statute, as well as within the employer's obligations regarding occupational health and safety set out in Articles 14 and 19 of the Law on the Prevention of Occupational Risks.

Consequently, the SC declared that both the time spent on these courses and the time spent travelling to them constitutes effective working time and must be paid as such. This decision consolidates the criterion that training imposed by rules that modify the technical or safety conditions of work must be considered part of the working day and, consequently, be paid as such.

Article written by ECIJA Madrid Labour Law Department.