A bakery avoids paying 624 overtime hours thanks to its time tracking records

A worker with over 20 years of seniority at a bakery in Bizkaia claimed payment for 624 overtime hours, alleging he only rested 24 hours per week instead of the 36 required by law. The Basque Country High Court ruled in favor of the company. The time tracking records proved he was actually resting 41 uninterrupted hours every week.

What happened

The worker was a first-class baker at a pastry shop in Bizkaia, covered by the Confectionery and Pastry Collective Agreement of the province. He worked the night shift, from 00:00 to 07:00.

The claim alleged that, between January 2023 and January 2024, the company did not provide the minimum weekly rest of 36 hours established by Article 37 of the Workers’ Statute. According to his calculation, by resting only 24 hours per week, he accumulated 12 extra hours per week—624 hours over 52 weeks of work.

What the records proved

The court analyzed the time tracking records submitted by the company. The conclusion was direct:

“It is observed that if the worker leaves work at 7:00 on day 18 and starts work at 00:00 on day 20, he has enjoyed an uninterrupted rest of 41 hours, 17 hours from day 18 plus 24 complete hours from day 19; and this pattern repeats throughout the time tracking records.”

The pattern was consistent. The worker left at 7:00, had the rest of that day free (17 hours) plus the following full day (24 hours), and returned at midnight on the third day. Total: 41 hours of weekly rest, five more than the legal minimum.

Why the worker lost

“The truth is that what the claim stated has not been proven—that he did not enjoy more than 24 hours of weekly rest.”

The worker did not challenge the proven facts nor present arguments against the court’s conclusion. The records showed a weekly rest that complied with the law.

The technical detail that matters

The worker miscounted. He claimed he only rested 24 hours—one full day—but didn’t include the hours remaining from the day he left work.

If you work until 7:00 in the morning and don’t return until 00:00 two days later, rest doesn’t start “the next day.” It starts when you leave. Those 17 hours from the first day count.

What this means for businesses with rotating shifts

This case is especially relevant for retail, hospitality, bakeries, and pastry shops—sectors where night and rotating shifts are common.

Time tracking doesn’t just serve to comply with Article 34.9 of the Workers’ Statute. It also allows you to calculate actual rest periods between shifts, prove that the weekly minimum is being met, and defend yourself when someone claims based on incorrect calculations.

In Cleverfy, when you configure rotating shifts, the system automatically detects whether rest periods meet the legal minimum. If a shift doesn’t comply, you receive a warning before publishing it.

Result

The Basque Country High Court fully dismissed the worker’s appeal and upheld the ruling of the Bilbao Labor Court:

• ❌ 624 overtime hours: not proven
• ✅ Weekly rest: 41 uninterrupted hours according to records
• ✅ Compliance with Art. 37 ET: confirmed

What you can learn

Time tracking works both ways. In this case, it protected the company, but it could have equally protected the worker if the reality had been different.

It’s also clear that rest periods are calculated from when you leave, not from the next day. If a night shift ends at 7:00, rest starts at 7:00.

And if you configure shifts correctly from the start—with a system that warns you when they don’t meet the legal minimum—you avoid claims based on misunderstandings.

How to avoid this

If you manage rotating shifts in retail, hospitality, or any sector with variable schedules:

1. Use a digital time tracking system that records actual clock-in and clock-out times.
2. Check that configured shifts meet minimum rest requirements before assigning them.
3. Keep records for at least 4 years (the legal retention period).
4. Ensure employees can access their own records at any time.

With Cleverfy you can have this running in less than 5 minutes. The system automatically validates rest periods between shifts and alerts you if something doesn’t comply. From €1.50/user per month, no commitment.

👉 Try Cleverfy free for 14 days — no credit card required.

---

Source: Ruling STSJ PV 1157/2026 (ECLI:ES:TSJPV:2026:1157), Labor Chamber of the Basque Country High Court, March 25, 2026.

Legal notice: This article is for informational purposes only and does not constitute legal advice. The names of individuals mentioned in the ruling have been anonymized in accordance with data protection regulations.