Landmark Ruling on Police Pay
The Supreme Court has ruled that Mossos d'Esquadra officers in Catalonia who work night shifts must continue to receive their night shift supplement during annual leave. The decision, issued on 7 October 2026 and confirmed today, dismisses an appeal by the Generalitat and upholds a June 2025 judgment by the High Court of Justice of Catalonia (TSJC). The court found that the night shift payment is not a discretionary bonus but a legally protected supplement tied to regular working conditions. As such, it forms part of the officer’s usual remuneration and cannot be withheld during holiday periods.
Legal Basis and Precedent
The Supreme Court’s First Section of the Contentious-Administrative Chamber stated that existing case law consistently treats night shift pay as a structural component of salary for those whose duties include overnight service. The ruling cites established jurisprudence holding that holiday pay must reflect all elements of an officer’s normal earnings. This interpretation aligns with the TSJC’s earlier decision, which concluded that night work was part of the "usual working hours" for the three officers involved in the case.
The remuneration corresponding to holidays must include all concepts that comprise the services normally received by the official and which, therefore, form part of their usual working system.
The officers, represented by lawyer Sandra Melgar of Aranda, Melgar & Tasies Advocats on behalf of the Sindicato de Policías de Cataluña (SPC), challenged the General Secretariat of the Interior’s refusal to pay the supplement during leave.
What This Means for Officers
The ruling sets a binding precedent for all Mossos d'Esquadra whose roles include regular night duties. It confirms their right to uninterrupted receipt of the night shift supplement throughout paid holidays. Affected officers do not need to take individual action; the decision obliges the Generalitat to apply the payment standard across the force. The ruling is enforceable immediately. For further details on public sector pay regulations, visit the General Council of the Judiciary (CGPJ) website, which publishes official court rulings.
Reported by larazon.es, EFE, lado.mx, Newsroom Infobae, CGPJ, La Razón Cataluña.
