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Business days are the days between Monday and Friday of each week, provided they are not holidays. This is established by Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations (LPAC) in Spain, in its article 30.2.
In the field of administrative law, there are several types of days. It is important to know the concept of each of them. These are:
Calendar days: are the 365 days of the year, regardless of whether they are business days, weekends, or holidays. Leap years have 366 calendar days.
Business days: days from Monday to Friday of each week, unless they are holidays.
Non-business days: weekends and holidays.
Working days: are all those in which you work, therefore, Sundays and holidays are excluded. Saturdays can be considered work for legal purposes depending on the company or sector.
Being clear about the concept of what a business day is is important, since the Public Administration and judicial bodies in Spain, in their processes, establish deadlines that must be met and they do so on business days unless otherwise specified.
2. Provided that by Law or in the Law of the European Union no other computation is expressed, when the terms are indicated by days, it is understood that these are business days, excluding Saturdays, Sundays and those declared holidays from the computation.
On business days, various activities and administrative and judicial acts of citizen importance can be carried out, and on business days the deadlines established by various administrative and judicial procedures are also counted, as we have seen.
For all these reasons, in order to meet the deadlines and to be able to satisfy the requirements of any administrative or judicial process, it must be clear which days are business days and which days are not throughout the year.
The terms established in administrative and judicial procedures begin to count the day after the notification is issued.
3. The terms expressed in days will be counted from the day following that on which the notification or publication of the act in question takes place, or from the day following that on which the estimate or dismissal occurs due to administrative silence.
If in an administrative or judicial proceeding the day on which a term stipulated in business days’ ends falls on a weekend or holiday, the term is automatically extended to the next business day after the day on which the terms end.
5. When the last day of the period is a non-business day, it shall be understood to have been extended to the first following business day.
The calendar of non-working days
Every year, the Ministry of Territorial Policy and Public Function, through the Secretary of State for Public Function, publishes in the Official State Gazette (BOE), the calendar of non-working days for the entire country, and for each autonomous community.
It is important to take this into account, since in Spain there are national holidays and also many regional holidays that are celebrated independently in each autonomous community and in specific locations within an autonomous community.
There are non-replaceable national holidays. There are also some national holidays on which the autonomous communities can exercise the right to replace them with others for their community. And there are specific holidays for each autonomous community.
In the area of personnel administration, it is important for both workers and employers to be clear about which are business days and which are not.
This must be taken into account in aspects such as vacation planning, overtime pay, granting of compensatory days, among others.
For example, to calculate vacations, the concept of calendar days can be used, and it will then be said that a worker has the right to enjoy 30 calendar days of vacation for every 12 months worked, which corresponds to 2.5 calendar days. per month.
But it can also be said that a worker is entitled to 22 working days of vacation for every 12 months worked, which is equivalent to 1.8 days of vacation for every month worked. Article 38 of the Workers' Statute is the one that regulates the issue of worker vacations.