Reducing working hours to care for children is one of the usual work and family reconciliation measures, which parents resort to in order to spend more time with their firstborn, especially throughout their first year of life. Although it can also be used in other circumstances. It is a basic right of all workers, regulated under article 37.6 of the Workers’ Statute, so it can be requested freely. But it is recommended to know in depth the characteristics of this resource.
One aspect that must be taken into account is the reduction percentage, which must be between a minimum of one eighth of the working day and a maximum of one quarter. As for the salary, it will suffer a reduction proportional to the reduction in working hours requested. It should be clarified that dismissal while making use of this right is completely void, as established in article 55.5 b) included in the Workers’ Statute.
Workers who request this reduction may do so when they have under their direct care, including a circumstance of legal guardianship, a child under twelve years of age. However, another possibility is contemplated that could lengthen the age limit, such as children under 18 years of age affected by a serious illness and requiring prolonged hospital admission. In this case, the reduction in working hours must be at least half.
The notice of the request for a reduction in working hours must be formally and always in writing, at least 15 days in advance, or as established by the worker’s collective agreement. The usual procedure is to deliver it by hand to Human Resources personnel, who must stamp and sign one of the copies that will remain in the worker’s possession. Another possibility is to use the Burofax.
The request must establish both the specifications in terms of dates and the pertinent time specifications. So that everything is well determined, clearly and directly, to avoid any type of misunderstanding or ambiguity between both parties. In the event that this request is denied, there will be a total of 20 business days to go to the Social Court to file a claim.
