Royal Decree 951/2026 reforms the employment relationship of resident health specialists: on-call shifts of no more than 17 hours, a 68-hour monthly cap and pay rises by training year

Royal Decree 951/2026, of 4 November, published in the BOE of Friday 6 November 2026, amends Royal Decree 1146/2006, of 6 October, regulating the special employment relationship of residency for the training of specialists in Health Sciences. It is the reform that doctors', nurses' and other resident staff associations had been awaiting for years: it limits working hours and on-call shifts with concrete figures, protects rest periods as non-waivable rights, requires time recording in health centres and reorders pay with a supplement that grows with each training year.

The rule enters into force today, Saturday 7 November 2026, the day after its publication, but with a staggered application calendar worth keeping in mind: the new regulation of working hours (article 5) will apply from 1 September 2027, and the pay reform (article 7.1) from 1 January 2027.

Ordinary working hours and rest: non-waivable rights

The ordinary working day will be determined by collective agreement and, failing that, by that of the statutory staff of the specialty the resident is training in, with a maximum of 35 weekly hours of effective working time on average over a half-yearly calculation period, unless an agreement or collective bargain sets a different calculation. On that basis, the new text sets a floor of rest periods with unusually forceful wording: between the end of one working day and the start of the next there must be a minimum continuous rest of 12 hours, and staff are entitled to a weekly rest of 24 uninterrupted hours, to be increased by the daily rest where applicable. In addition, after 24 hours of uninterrupted work a continuous rest of 12 hours is due, except in a care emergency, in which case the alternative rest regime of Law 55/2003, the Framework Statute of statutory health service staff, applies.

The key lies in the legal qualification: the minimum daily and weekly rest periods are "mandatory, effective, non-waivable and non-recoverable", constitute autonomous and cumulative rights and must be guaranteed in all cases. If the weekly rest is not actually taken, it must be compensated with alternative rest within a maximum of 14 days, and only when the entity owning the teaching unit states in writing and in advance the specific need justifying it, without the compensation reducing the duration of the rest periods.

On-call shifts in figures: 17 hours, 68 per month and up to 7 modules

The on-call working day is conditional on the specialty's training programme expressly justifying its need, and is additional to the ordinary working day. Its limits are new and precise: its duration will be set at each centre without exceeding 17 hours of effective work, and if the ordinary working day and the on-call shift are chained without the between-shifts rest having been fully taken, the sum of both may not exceed 17 hours either. The monthly limit is set at 68 hours of on-call work, equivalent as a general rule to four monthly modules of the maximum duration provided.

That limit admits two avenues of extension, both tightly defined. The first, exceptional in nature: the centre's Teaching Committee may propose an additional module (or the equivalent hours) subject to a reasoned report from the occupational risk prevention service and from the committee itself, where justified teaching reasons concur and with the prior express consent of the resident. The rule adds a revealing safeguard: the extension "may not be based exclusively on ordinary care coverage needs or on structural staffing shortages". The second avenue is the new paragraph 7 of article 5: residents may, with prior consent, extend the monthly limit by two further modules, up to a total of seven per month or their equivalent in hours, always respecting the rest periods and the other on-call rules. The maximum combined duration of ordinary working day plus on-call shift is set at 45 weekly hours of effective time on average over a quarterly calculation period, unless a different calculation is agreed.

Since negotiating the conditions and the procedure for that voluntary extension will take time, the sole transitional provision requires the entities owning teaching units to establish a provisional procedure guaranteeing the effectiveness of the right from the very entry into force of the royal decree.

Time recording and the training nature

Article 5.8 requires health centres to have time-control systems allowing verification of compliance with the limits, and recognises resident staff's right of access to the record of their working hours. Alongside this, the reform reinforces the training nature of the relationship: the organisation of care activity must give priority to the teaching objectives of the programme, the working day must ensure the full completion of the training programmes, part-time working is expressly prohibited, and working-time flexibility measures are ordered for the work-life balance of those caring for children under twelve, a spouse or cohabiting partner, relatives up to the second degree or other cohabiting persons requiring intensive support.

Pay: training-grade supplement and 100% in protected situations

The new wording of article 7 (applicable from 1 January 2027) structures pay into salary, training-grade supplement and continuous-care supplement. The salary is equated to the base salary of statutory staff according to the qualification required for entry into the programme. The training-grade supplement accrues from the first year and remunerates the resident's progressive autonomy and responsibility with minimum percentages of salary that the health services may improve: 18% in the first year, 28% in the second, 38% in the third, 48% in the fourth and 58% in the fifth. The continuous-care supplement remunerates participation in care activities outside the ordinary working day integrated into the training pathway and, specifically, the on-call working day.

The reform also guarantees a supplement from the first day in situations of temporary incapacity, birth, adoption, guardianship for adoption purposes or foster care, risk during pregnancy and risk during breastfeeding, reaching one hundred per cent of the ordinary, fixed and periodic remuneration, once the corresponding social security benefit is deducted. For staff training in specific accreditation areas, the percentages of the training-grade and continuous-care supplements will be set in the corresponding negotiating forum, taking into account the specialist qualification and the experience required to access the area. An exceptional waiver of the initially obtained post is also regulated when the resident obtains a new post in the same call under Royal Decree 589/2022.

Evaluation and next steps

The Ministry of Health, within the period provided for in the rule itself, will carry out an evaluation of the reform's impact on the working and training conditions of resident staff, with recommendations for improvement aimed at strengthening the quality of specialised health training and the protection of their health. For health services and teaching units, the calendar requires work to start now: the time-control systems, the organisation of on-call shifts and the revision of supplements have different application dates (1 January and 1 September 2027) that should not be confused with the general entry into force.

Frequently asked questions

How many on-call hours may a resident work per month?

The general limit is 68 monthly hours (four modules), exceptionally extendable by one module for teaching reasons and by two further modules with the resident's consent, up to a total of seven.

When do the new working-hours limits apply?

The article 5 reform (working hours, rest and on-call shifts) will apply from 1 September 2027, although the royal decree entered into force on 7 November 2026.

What happens to residents' pay?

From 1 January 2027: salary equated to the statutory base, a training-grade supplement of 18% to 58% depending on the year, and a continuous-care supplement for on-call shifts, with a guarantee of 100% of remuneration in temporary incapacity and other protected situations.

Sources

• Royal Decree 951/2026, of 4 November (BOE-A-2026-23266)