Calendar of non-working days
The calendar of non-working days is a document that helps you to comply with the time limits applicable to administrative procedures.
Drawn up subject to the official working calendar, establishing non-working days for each area (state, autonomous community and local administration).
For the purpose of limits expressed in days, all days are working days, except for Sundays and days declared public holidays. It is important to bear in mind that since Act 39/2015 came into force (from 2 October 2016) Saturdays are considered non-working days for the purpose of calculating time limits.
The calendar of non-working days in the Spanish Administration is published by the Ministry for Finances and Public Function, via the State Secretariat of Public Administrations of Public Function, before the beginning of each year.
Information on the calendar
Administrative procedures must be carried out within the time limits specified for them. This rule applies equally to the authorities and staff in the government bodies responsible for dealing with administrative issues and to the parties submitting communications to them, who will have to comply with the time limits for administrative procedures. Action taken "out of time" has repercussions for the action itself - an appeal which is presented late is inadmissible, for example - and for the people that are responsible for dealing with the case - the civil servant who takes longer than the time allowed for a certain procedure incurs a liability.
The calculation of time limits for administrative procedures is somewhat complex as three elements have to be taken into account:
- the length of the period (days, months, years)
- the day on which the period begins (start day)
- the day on which the period ends (final day).
Moreover, the calendar of non-working days set by each government body for the purpose of calculating time limits needs to be taken into account. This calendar must be published before the beginning of each year in the corresponding official gazette and in other media that ensure that it is available to all.
The calendar of non-working days is drawn up in line with the official work calendar, specifying non-working days for the relevant administration (state, autonomous and local). - Article 30.7 of Act 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations-. The work calendar is published by the Ministry of Employment and Social Security Institute, in compliance with the requirements of Royal Decree 2001/1983.
In general, the following will be non-working days:
- All Saturdays and Sundays
- Certain religious holidays established throughout Spain, such as: 15 August; 1 November; 8 December; 6 January
- National holidays recognised in the Workers' Statute: 1 January; 1 May; 12 October; 25 December
- Civic holidays: 6 December
- Civic and religious holidays established by Autonomous Communities and Local Authorities
The Spanish Administration, in accordance with the stipulations of Art. 30.7 of Act 39/2015 on the Common Administrative Procedure of Public Administrations, publishes the calendar of non-working days for the Spanish Administration in the Official State Gazette, before the beginning of each year.
Calculation of time limits
Article 30 of the Act governing Public Administrations and Common Administrative Procedure (Act 39/2015 of 1 October) establishes the system for calculating time limits for administrative procedures, depending on whether these are specified in hours, days, months or years:
- If the period is specified in hours: unless otherwise stipulated by law or according to European Union legislation the hours are understood to be working hours. All the hours which are part of a working day are considered to be working hours. Periods expressed in hours will be counted hour by hour and minute by minute from the exact time at which the notification or publication of the act in question occurs. They may not exceed twenty-four hours and, if this should be the case, they will be expressed in days.
- If the period is specified in days: unless otherwise specified by law or according to European Union legislation, the days are understood to be working days, excluding Saturdays, Sundays and official public holidays from the calculation. If the period is specified in calendar days, this detail will be mentioned in notifications. Periods specified in days will start to be counted from the day following the day on which notification is received or details are published of the act concerned or from the day following the day on which constructive administrative approval or disapproval is granted.
- If the period is specified in months or years: it will start to be counted from the day following the day on which notification is received or details are published of the act concerned or from the day following the day on which constructive administrative approval or disapproval is granted. The period will conclude on the same day on which the notification, publication or constructive approval or rejection occurred, in the month or year in which the period terminates. If in the last month there is no day equivalent to that on which the calculation begins, it will be understood that the period ends on the last day of the month.
When the last day of the period is a non-working day, it will be understood that it is extended to the first working day following this date. Moreover, when a day is a working day in the Municipality or Autonomous Community in which the interested party resides, but a non-working day in the location of the administrative body, or vice versa, it will be considered a non-working day in all cases.