A court in Ibiza has ruled against an unnamed hotel’s practice of deducting €15 per day from employees’ wages for staff accommodation while they were on medically certified sick leave. The judgment, dated 21 August 2026, partially upheld a claim brought by the hotel’s works committee, represented by the trade union UGT.

The hotel had reserved rooms for seasonal employees and charged a nightly accommodation fee. Under its arrangements, the charge could be waived or reduced for workers who met certain attendance and performance conditions. However, employees who took temporary medical leave for reasons unrelated to a workplace accident continued to be charged for their accommodation, with the amount deducted directly from their wages.

The court found that this practice was improper. Although the judgment did not declare the arrangement null, the hotel was required to withdraw the measure, according to the published account.

The ruling may still be appealed, meaning the case may not yet be definitively closed.

How the Hotel’s Accommodation Charges Worked

The establishment has 58 rooms reserved for employees during the tourist season. Workers who used the accommodation signed an additional agreement to their employment contracts setting out a fixed nightly price.

The charge was €10 per night in 2023 before rising to €15 in 2026.

The hotel could waive or partially waive the fee for employees who did not accumulate absences, disciplinary sanctions or poor performance evaluations. The dispute arose because the company continued to deduct the accommodation charge when an employee took temporary medical leave for an illness or condition unrelated to a workplace accident.

In those cases, the hotel deducted €15 for each day of sick leave directly from the employee’s wages.

The works committee challenged the arrangement, arguing that workers should not face an additional financial penalty when they were unable to work because of a medically certified health condition.

Why the Court Rejected the Practice

The company argued that the measure was intended to discourage absenteeism.

The judge did not accept that justification in the circumstances described. Where an employee’s absence is supported by a medical certificate and there is no indication of fraud, the absence is justified by illness. The court considered that charging employees for accommodation during such periods imposed an additional financial burden on people who were already unable to work.

The judgment also noted that employers have other legal mechanisms available if they suspect fraudulent sick leave, including monitoring through the relevant mutual insurance bodies and, where legally appropriate, private investigators.

The court concluded that deducting accommodation costs during certified medical leave was not an appropriate means of addressing absenteeism.

The ruling classified the practice as improper rather than null, because the works committee had not alleged a violation of fundamental rights. Nevertheless, the hotel was required to withdraw the arrangement under the judgment as reported.

Two Other Complaints Were Rejected

The works committee had raised two additional issues, but neither was upheld.

The first concerned a €2 charge for breakfast, lunch or dinner consumed by employees staying in the hotel’s accommodation outside their working hours.

The judge considered the charge lawful under the applicable Balearic hospitality agreement. The agreement requires employers to provide meals free of charge during employees’ working shifts, but does not require every meal consumed outside those hours to be provided without charge. Employees could also use the dining room and microwave outside their shifts without paying an additional fee for that access.

The second complaint concerned the method used to calculate worked days for salary and social-security contribution purposes. The court rejected this claim because the committee had not sufficiently specified the alleged irregularity or supplied evidence to substantiate it.

The judgment therefore represents a partial victory for the workers’ representatives, rather than acceptance of every claim they brought.

The Balearic Hospitality Agreement

The ruling draws on the Balearic Islands’ hospitality-sector collective agreement, which sets conditions concerning employee accommodation and meals.

According to the published account, the agreement requires accommodation and meal arrangements to be maintained under the terms already agreed with workers, unless the relevant agreement is terminated. It also establishes reference prices for meals consumed outside working hours.

The dispute reached the courts after an unsuccessful conciliation attempt before the Balearic Islands’ labour mediation service, TAMIB, in September 2025.

The case highlights the importance of distinguishing between agreed accommodation costs and deductions applied in circumstances such as medically certified absence.

The Ruling Could Still Be Appealed

The judgment was issued by the Court of Instance in Ibiza on 21 August 2026 and was reported publicly on 14 October.

It allows an appeal to the High Court of Justice of the Balearic Islands within five working days under the applicable procedural terms. The available reporting does not establish whether an appeal has been filed or whether the judgment has become final.

The hotel has not been publicly identified in the report reviewed, and no name should be inferred from the details of the case.

For now, the decision provides a clear outcome at first instance: the court ruled that the hotel’s practice of deducting €15 per day for accommodation during the specified periods of sick leave was improper. The final legal position will depend on whether the judgment is appealed and on any subsequent proceedings.