I've been at my company for three years, and lately they're forcing me to stay two extra hours every day without paying me for them. I've tried saying no, but my boss warned me that it could affect my performance evaluation. Do I have the right to refuse?
Document everything in writing before you do anything else, because that threat about your evaluation is retaliation and you'll need evidence if things escalate. The others are right that overtime is voluntary, but what's critical here is that your boss is using the evaluation as a weapon to force you into it, which is illegal regardless of the agreement. Send an email to your boss (or to HR) clearly stating that you can't do those two hours without compensation and keep the response. If they tank your evaluation afterward without real justification, you'll have proof of retaliation.
Yes, you have the right to refuse to work unpaid overtime. In Spain, overtime is voluntary unless your sector's collective bargaining agreement says otherwise, and in any case it must be paid. Your boss can't legally force you to stay without compensation, and threatening to affect your evaluation for refusing to work for free is illegal pressure. What he's doing crosses into abuse of power.
What you should do is document everything: write down dates, the hours you're doing each day, and keep any messages or emails where your boss mentions this. If your company has a staff representative, talk to them. If not, consider having a direct conversation with your boss in writing (email works well) where you make it clear you won't continue working without compensation and that those hours must be paid or you won't do them. If the company keeps pressuring you or retaliates against your evaluation, you'd have grounds to file a complaint with the labor inspection authority.
Also check your specific collective bargaining agreement, because some do include mandatory overtime under certain circumstances, but even in those cases there must be compensation. Anyway, what you're describing (two hours daily unpaid) sounds more like exploitation than standard legal practice, so don't let them intimidate you.
Your boss can't threaten you with a negative review for refusing to work unpaid overtime - that's direct retaliation and it's illegal. If your industry's collective agreement allows mandatory overtime, they have to pay you the salary difference or compensate you with days off; staying two extra hours a day with nothing in return is against the law. Document all those conversations in writing (emails, messages) and if it keeps happening, consider contacting the Labor Inspectorate or an employment lawyer.
Your boss has a serious legal problem if he does what you're saying. Threatening you with bad evaluations for refusing to work for free is retaliation, plain and simple. That's strictly forbidden and there's clear case law on it. The thing is, plenty of bosses do it anyway because they're betting people won't report it or don't know they can.
In my circle I know several people who've been in exactly your situation and honestly it depends a lot on how you handle it. If you just say "I'm not staying" and leave it at that, they might still pressure you. Best thing is to document everything: save the emails, the messages where they're forcing you to stay, the warnings about your evaluation. If you have a collective bargaining agreement in your sector, check it because it'll spell out whether overtime is mandatory or optional (spoiler: in most sectors it's voluntary).
After that you've basically got two paths. One is talking to HR directly and making a record that he's asking you to work without pay and threatening you if you refuse. The other is consulting with a labor lawyer or contacting the labor inspection if you prefer. Sounds dramatic but what you're describing really is labor exploitation dressed up as something else, and the Labor Inspection takes that pretty seriously. The important thing is don't let the fear of a bad evaluation make you back down.
Don't let him intimidate you with that evaluation threat - that threat is illegal and documenting it is your best defense. Before you confront him directly, send an email to your boss (or better yet, to HR) asking for clarity on whether those two hours daily are mandatory or voluntary, and if they're mandatory, have him specify how they'll be paid according to your country's labor law. That way everything's in writing and he knows you're not naive. Most companies respond differently when there's a paper trail of official communication than when everything's just verbal.
Your best defense is to create a written record of everything that's happening. When your boss pressures you again, respond by email: "I understand that you need to cover these hours, but I'm confirming that I cannot work overtime without financial compensation according to labor regulations." That way you have proof that you formally refused and that you did so respectfully. If they later punish you in your evaluation, you'll have that email as evidence of retaliation.
Legally you're in a very solid position. Voluntary overtime must be paid, and threatening you with a negative performance review for refusing to work unpaid is straight-up labor retaliation. What your boss is doing isn't just illegal - it also creates a behavioral record that works in your favor if this goes further.
The move most people don't make is documenting this with a personal record too: save screenshots of that email, note down dates and what they told you in person (day, time, their exact words). If things escalate, HR will want to see a pattern, and just saying "my boss threatened me" sounds different from having dates and evidence. Also consider whether your company has an internal complaint protocol or a compliance department; many would rather sort this out before it becomes a real legal problem.
Documenting everything in writing protects you more than anything else: every time you refuse to work without pay, send your boss an email confirming your refusal and keep copies. If you later get a negative evaluation as retaliation for this, you'll have proof that the threat came through, and that's what labor inspectors need to take action. In the meantime, if your company has a workers' representative or works council, let them know about the situation because they can step in without you having to face off against your boss alone.
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