Which are the Non Business Days for 2021 (Dias Inhabiles)?

In reference to official letter when you must response or appeal within a certain time period. The letters should state “dias habiles” which are working days therefore not counting the non working days, “dias inhabiles”.

The common Administrative Procedure of Public Administrations, establishes that the General Administration of the State will set, within its scope, the calendar of non-working days for the purposes of calculating deadlines, with subject to the official labor calendar, which has been established in the Resolution of October 28, 2020, of the General Directorate of Labor, which publishes the list of labor holidays for the year 2021 (“Official State Gazette” of 2 November 2020).

In accordance with article 30.8 of Law 39/2015, of October 1, the declaration of a day as working or non-working day for the purposes of calculating deadlines does not determine by itself the operation of the work centeres of Public Administrations, the organisation of working time or the access of citizens to records.

This calendar of non-working days will be published before the beginning of each year in the “Official State Gazette” and in other media that guarantee its general knowledge.

For all these reasons, this Secretary of State for Territorial Policy and Public Function, the highest body of the Ministry of Territorial Policy and Public Function, by virtue of Royal Decree 307/2020, of February 11, which develops the basic organic structure of the Ministry of Territorial Policy and Public Function, has resolved:

First.
Approve the calendar of non-business days corresponding to the year 2021, for the General Administration of the State and its Public Bodies, for the purposes of calculating deadlines.

Second.
They are non-business days:

a) Throughout the national territory: Saturdays, Sundays and days declared as non-replaceable national holidays, or over which all the Autonomous Communities have not exercised the power of substitution.

b) In the territorial scope of the Autonomous Communities: those days determined by each Autonomous Community as holidays.

c) In the territorial areas of the Entities that make up the Local Administration: the days established by the respective Autonomous Communities in their corresponding calendar of non-working days.

The non-business days referred to in points a) and b) of this section are set out, specified by months and by Autonomous Communities, in the attached annex.

Third.
Order the publication of this Resolution in the “Official State Gazette”, which will also be available at the General Access Point (administracion.gob.es) of the General State Administration.

Madrid, December 4, 2020. – The Secretary of State for Territorial Policy and Public Function, Francisco Hernández Spínola.

ANNEXED
2021-Calendar of non-business days
January: Every Saturday and Sunday of the month.

Day 1: Non-working throughout the national territory.

Day 6: Non-working throughout the national territory.

February: Every Saturday and Sunday of the month.

March: Every Saturday and Sunday of the month.

Day 1: Non-working in the Autonomous Communities of Andalusia and the Balearic Islands.

Day 13: Non-working in the City of Melilla.

Day 19: Non-working in the Autonomous Communities of Extremadura, Galicia, the Region of Murcia, the Basque Country, as well as in the Valencian Community, the Community of Madrid and the Foral Community of Navarra.

April: Every Saturday and Sunday of the month.

Day 1: Non-working in the Autonomous Communities of Andalusia, Aragon, the Principality of Asturias, the Balearic Islands, the Canary Islands, Cantabria, Castilla-La Mancha, Extremadura, Galicia, the Region of Murcia, the Country Vasco, from La Rioja, as well as in the Community of Castilla y León, in the Community of Madrid, in the Foral Community of Navarra, in the City of Ceuta and in the City of Melilla.

Day 2: Non-working throughout the national territory.

Day 5: Non-working in the Autonomous Communities of the Balearic Islands, Catalonia, the Basque Country, La Rioja, as well as in the Valencian Community and in the Foral Community of Navarra.

Day 23: Non-working in the Autonomous Community of Aragon, as well as in the Community of Castilla y León.

May: Every Saturday and Sunday of the month.

Day 1: Non-working throughout the national territory.

Day 3: Non-working in the Community of Madrid.

Day 17: Non-working in the Autonomous Community of Galicia.

Day 31: Non-working in the Autonomous Community of Castilla-La Mancha.

June: Every Saturday and Sunday of the month.

Day 3: Non-working in the Autonomous Community of Castilla-La Mancha.

Day 9: Non-working in the Autonomous Communities of La Rioja and the Region of Murcia.

Day 24: Non-working in the Autonomous Community of Catalonia, as well as in the Valencian Community.

July: Every Saturday and Sunday of the month.

Day 20: Non-working in the City of Ceuta.

Day 21: Non-working in the City of Melilla.

Day 28: Non-working in the Autonomous Community of Cantabria.

August: Every Saturday and Sunday of the month.

Day 16: Non-working in the Autonomous Communities of Andalusia, Aragon, the Principality of Asturias, the Canary Islands, as well as in the Community of Castilla y León.

September: Every Saturday and Sunday of the month.

Day 2: Non-working in the City of Ceuta.

Day 8: Non-working in the Autonomous Communities of the Principality of Asturias and Extremadura.

Day 11: Non-working in the Autonomous Community of Catalonia.

Day 15: Non-working in the Autonomous Community of Cantabria.

October: Every Saturday and Sunday of the month.

Day 9: Non-working in the Valencian Community.

Day 12: Non-working throughout the national territory.

November: Every Saturday and Sunday of the month.

Day 1: Non-working throughout the national territory.

December: Every Saturday and Sunday of the month.

Day 6: Non-working throughout the national territory.

Day 8: Non-working throughout the national territory.

Day 25: Non-working throughout the national territory.

In the Autonomous Community of the Canary Islands, Decree 110/2020, of October 1, which determines the calendar of business holidays of the Autonomous Community of the Canary Islands for the year 2021, and opens the deadline to set local holidays ( BOC of October 13, 2020) provides that: On the islands of El Hierro, Fuerteventura, Gran Canaria, La Gomera, La Palma, Lanzarote and Tenerife, the business holidays will also be the following: in El Hierro: on the 3 of July, festival of the Bajada de la Virgen de los Reyes; in Fuerteventura: September 17, the feast of Nuestra Señora de la Peña; in Gran Canaria: September 8, the feast of Nuestra Señora del Pino; in La Gomera: October 4, the feast of Our Lady of Guadalupe; on La Palma: August 5, the feast of Our Lady of Las Nieves; in Lanzarote: September 15, festival of Our Lady of the Volcanoes; in Tenerife: February 2, feast of the Virgen de la Candelaria.

In the Autonomous Community of Catalonia, Order TSF / 81/2020, of June 14, which establishes the official calendar of labor holidays in Catalonia for the year 2021 (DOGC of June 17, 2020) provides that: « In the territory of Arán, in accordance with Decree 152/1997, of June 25, and Decree 146/1998, of June 23, which modify Decree 177/1980, of October 3, on the calendar of festivals permanent and alternate, the feast of April 5 (Easter Monday Florida) is replaced by that of June 17 (Feast of Aran) ».

In the Valencian Community, Decree 158/2020, of October 23, of the Consell, determining the labor calendar in the territorial scope of the Valencian Community (DOGV of October 28, 2020) provides that «[…] And with character paid and recoverable the following holiday is established: June 24, San Juan.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.