Nextica for Hospitality: the Advisor Who Knows Your Sector and Doesn't Let You Down When It Matters
The hospitality industry is one of the sectors with the highest labor complexity in Spain and one of the most inspected by the ITSS. Collective agreement with specific particularities, high turnover of staff, irregular working hours, seasonal contracts, night and holiday bonuses, and a particularly demanding risk prevention regulation in kitchens and establishments open to the public. At Nextica Law & Tax, we advise restaurants, hotels, catering groups, and catering companies with the industry knowledge that allows us to anticipate the real risks of the applicable agreement and sector regulations.
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WHAT CONCERNS THE HOSPITALITY BUSINESS OWNER THE MOST
Your region's hospitality collective agreement —Catalonia's has particularities that many businesses fail to apply— is where most money is lost:
Collective Agreement for Hospitality in Catalonia
professional categories (incorrect classification can generate accumulated salary differences), night-work supplement (mandatory for hours worked between 10:00 pm and 6:00 am), compensatory rest for work on public holidays, and seasonal working time for seasonal establishments.
Labour inspections in hospitality
the Labour Inspectorate (ITSS) inspects the sector with particular frequency: working-time records (mandatory for all workers since 2019), contracts (whether the contract type fits the activity), Social Security registration from day one (especially for weekend and holiday work), night-work and holiday supplements, and risk prevention in kitchens (risk of burns, falls and cuts).
Seasonal layoffs for seasonal establishments
hospitality establishments with seasonal activity (beach hotels, ski resorts, seasonal venues) can use a temporary layoff scheme (ERTE) on economic, technical, organisational or production grounds, or the fixed-discontinuous contract, to manage periods of inactivity. The choice between the two affects workers' benefits, the company's costs and the applicable agreement.
Most common error
not paying the night shift bonus considering it to be included in the agreed salary. If the agreement establishes it as an independent concept, it must be paid separately even if the total salary is above the minimum of the agreement.
Frequently asked questions
When can the company deduct the night work bonus from the agreed global salary?
Only when the collective agreement or the individual agreement expressly states that the total agreed salary already includes the night shift bonus and the worker usually works at night. When night work is incidental (not a regular part of the schedule), the bonus must be paid separately without the possibility of global compensation.
What is the difference between an ERTE and a fixed-discontinuous contract for seasonal establishments?
The ERTE for productive causes allows for the temporary suspension of the employment contract with the worker's access to unemployment benefits, but it involves a procedure and negotiation with the representatives. The fixed-discontinuous contract is the type designed for seasonal activities: the worker has an indefinite contract but only works during periods of activity, accessing unemployment benefits during inactivity. For seasonal hospitality, the fixed-discontinuous contract is usually the most efficient option.
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