The publication in the Official State Gazette (BOE) of the VI State-Wide Labor Agreement for the Hospitality Industry (ALEH), updated in 2023, strengthens worker protection against high temperatures. This regulation obliges businesses in the sector to adapt their shifts, working conditions, and terrace usage during the summer months.
The ALEH establishes a general framework for all of Spain, regulating basic aspects of labor relations in hospitality. One of the key regulations focuses on heat management, aiming to prevent heat stress, heatstroke, and other risks associated with working in high temperatures, especially outdoors on terraces or indoors in kitchens.
Preventive measures include reorganizing shifts to avoid sun exposure during peak hours, rotating staff between indoor and outdoor areas, continuous access to water, and the use of lighter uniforms. On terraces, the installation of protective elements such as awnings or misting systems is recommended. If safety conditions cannot be guaranteed, outdoor activities may be temporarily suspended.
Kitchens, with additional heat from ovens and stoves, also require adequate ventilation, effective extraction systems, and periodic breaks for employees.
The Labor Inspectorate will conduct checks during the summer to verify compliance with these obligations. The absence of protective measures or risk assessments can lead to significant financial penalties. Fines vary according to the severity of the infraction, ranging from €750 for minor cases, up to €7,500 for serious cases, and up to €50,000 for very serious cases. In extreme situations, with repeat offenses or actual health damage, amounts could reach €983,736.
Employers must demonstrate that they have assessed risks and have protocols in place to protect their staff, providing breaks, hydration, and, if necessary, reorganizing schedules or modifying service delivery to minimize risks.
