Key data
| Regulation | Resolution of July 30, 2026, from the General Labor Directorate — Judgment of the Social Chamber of the National Court regarding the III State Collective Agreement for Contact Center |
|---|---|
| BOE Publication | August 10, 2026 |
| Entry into force | August 10, 2026 |
| Annulled article | Article 30.1.b) of the III State Collective Agreement for Contact Center |
| Claimants | UGT, CC.OO., CGT and USO |
| Violated norm | Article 37.3.b) of the Workers' Statute |
| Affected parties | Workers and companies in the Contact Center sector (formerly telemarketing) throughout Spain |
| Category | Labor Legislation |
| Year | 2026 |
Contact Center companies have an immediate obligation: review and adapt their internal leave management policies. The Social Chamber of the National Court, accepting the claims jointly filed by UGT, CC.OO., CGT and USO, has declared null article 30.1.b) of the III State Collective Agreement of the sector. The resolution is published in the BOE on August 10, 2026 in accordance with article 166.3 of the Law regulating social jurisdiction, and takes immediate effect.
The annulled clause imposed two cumulative restrictions on family care leave: that it be taken continuously and that it be initiated within ten calendar days from the triggering event. The court considers that both conditions violate article 37.3.b) of the Workers' Statute.
What does this regulation establish?
The judgment eliminates the two restrictions that the collective agreement imposed on family care leave. Below is a comparison between what the agreement established and what applies now:
| Aspect | Before (annulled article 30.1.b)) | Now (after the judgment) |
|---|---|---|
| Form of use | Mandatory continuous (consecutive days) | Can be alternating or fractional according to actual care needs |
| Deadline to start leave | Within 10 calendar days from the triggering event | No fixed deadline imposed by collective agreement; governed by the Workers' Statute |
| Legal reference framework | Article 30.1.b) of the III Contact Center Collective Agreement | Article 37.3.b) of the Workers' Statute |
The court's reasoning is clear: the need to care for a family member may extend beyond ten days or require alternating attention (for example, alternate days or at different times). Imposing a fixed deadline and continuous use turns the leave into an empty formality, contradicting its real purpose: effective care of the family member.
Economic and operational impact
The direct impact is not additional payroll costs, but rather operational and workforce management. Contact Center companies, which typically operate with tight shifts and strict service coverage, will need to assume greater flexibility in scheduling when a worker requests this leave.
- Shift planning: it can no longer be assumed that the leave will be concentrated in a block of consecutive days. A worker may request alternate days or at different times.
- Request management: HR departments will need to review their internal protocols to avoid denying leaves based on the 10-day deadline or the requirement for continuity, as such denial would now be contrary to law.
- Risk of claims: any denial of leave based on the annulled article 30.1.b) may give rise to labor claims by the affected worker.
- Internal agreement review: if the company has protocols, employee manuals or internal communications that reproduce the annulled clause, they must be updated immediately.
Who does it affect?
- Contact Center sector companies (formerly called telemarketing) operating throughout Spain, bound by the III State Collective Agreement of the sector.
- Directors and HR managers of these companies, who manage family care leave requests.
- Labor advisors and management firms serving companies in the sector and must update their advice.
- Workers in the sector who have or may have a need to care for a family member, who now have greater flexibility recognized by the courts.
- Union delegates of UGT, CC.OO., CGT and USO in companies in the sector, who promoted the claim and must inform staff of the change.
Practical example
A call center worker receives hospital discharge for his father on September 15. The father needs care over the following three weeks, but not continuously: he requires medical accompaniment on Mondays and Thursdays of each week.
Before the judgment: the company could require the worker to take family care leave continuously and within 10 calendar days from discharge. If the worker requested alternate days or initiated the leave after those 10 days, the company could deny it under article 30.1.b) of the agreement.
After the judgment: the company can no longer impose those conditions. The worker can request the leave alternately (Mondays and Thursdays) and is not required to concentrate it in the first 10 days. Denying the leave under those arguments would be contrary to law and could result in a labor claim.
What should companies do now?
- Review internal leave management protocols: identify if there is any document, employee manual or internal instruction that reproduces the 10-day restriction or the requirement for continuous use, and eliminate it.
- Inform HR managers and middle management: ensure that those who manage leave requests know that article 30.1.b) has been declared null and cannot be applied.
- Update leave request resolution criteria: denials based on the 10-day deadline or the requirement for continuity must cease to be issued from August 10, 2026.
- Consult with labor advisors if there are pending cases or claims in progress related to previous denials of this leave under the protection of the annulled clause.
- Communicate the change to worker legal representation (works council or staff delegates) to ensure transparency and avoid conflicts.
Frequently asked questions
What article of the Contact Center agreement has been annulled exactly?
Article 30.1.b) of the III State Collective Agreement for Contact Center. This clause required family care leave to be taken continuously and within 10 calendar days from the triggering event. The Social Chamber of the National Court has declared it illegal for violating article 37.3.b) of the Workers' Statute.
Since when is the annulment of article 30.1.b) of the Contact Center agreement applicable?
Since August 10, 2026, the date of publication of the resolution in the BOE. Entry into force is immediate: companies cannot continue applying the annulled clause from that date.
Can Contact Center companies continue to require that family care leave be taken on consecutive days?
No. The judgment declares that requirement illegal. The need for care may require alternating or different-time attention, so imposing continuous use is contrary to article 37.3.b) of the Workers' Statute. Companies must allow greater flexibility in the timing and manner of taking the leave.
What unions filed the claim against the Contact Center agreement?
The claim was filed jointly by four unions: UGT, CC.OO., CGT and USO. The Social Chamber of the National Court accepted all claims and declared article 30.1.b) of the agreement illegal.
What risk does a Contact Center company face if it continues to deny leave under the annulled clause?
Any denial of leave based on the annulled article 30.1.b) may give rise to labor claims by the affected worker. The clause no longer has legal validity from August 10, 2026, so its application would be contrary to law.
Official source
View complete regulation in official source
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-17492
