How the new working day in Spain works?

The working day in Spain

With the entry into force of Royal Decree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, the revised text of the Law of the Workers’ Statute, approved by Royal Legislative Decree 2/2015, of October 23, as of March 8, 2019, section 8 of its article 34 is modified, which contemplates the right of person workers to request the adaptation of the duration and distribution of the working day in Spain, in the organization of working time and in the form of provision, including the provision of their distance work, to realize their right to the reconciliation of life Work and family.

Until now, the worker had the right to adapt the duration and distribution of the workday to reconcile his personal, family and work life, as needed by the business agreement, or that such right is established in collective bargaining, being, in most cases, a right linked to the care of minor children or linked to a request for a reduction of working hours by legal guardianship, which meant a salary reduction proportional to the requested day.

The novelty is that the voluntary adaptation of working hours is now extended to all workers, whether they have children or not, modifying a rule that seeks to promote equality between men and women, recognizing this right to adaptation without reducing working hours or salary, and even facilitating the possibility of requesting that the realization of the working day be carried out remotely (teleworking).

What does voluntary adaptation working day in Spain for?

With the new standard, any worker can request an adaptation of their work day, either in terms of time flexibility, shift shifts or even distance work, without the need to reduce hours or, consequently, salary, and without needing to have minor children.

Such adaptations must be reasonable and proportionate in relation to the needs of the worker and the organizational or productive needs of the company.

What is the novelty?

Any worker can reconcile without asking for a reduction in working hours for the care of a minor or a relative and, therefore, without having to charge less.

This is a modification concerning the previous wording, which already contemplated the aforementioned right. However, it contained a regulation that had given rise to different interpretations that the new wording comes to clarify, such as conditioning it in most cases with the reduction of working hours for legal guardianship provided for in article 37 of the Workers’ Statute.

Who has the right to the voluntary adaptation of the day?

With the new regulation, this right is reflected both for workers who do not have dependent children but who also need to request adaptations of the duration and distribution of their workday, as well as for those workers who have children under 12 years and need to realize their right to the reconciliation of family and work life.

How do you apply for voluntary adaptation of working hours?

There is no restriction on who can request the adaptation of the working day. The best thing is to do it in writing to record the request.

Can the employer refuse the request?

If the company rejects the request, the decision must be duly justified by providing “objective reasons” to support it.

If the employee considers that these “objective reasons” are not valid, he/she may object and appeal to a judge without the need for prior conciliation.

What can be requested?

An example of this type of adaptation would be that of a worker with children under 12 years of age and with a working day in Spain that is incompatible with her children’s school timetables, who asks her employer to reduce her working day instead of reducing it due to legal guardianship.

And continue to work at her usual workplace, working the entire working day from her home to be able to reconcile her work and family life, as her children’s school is close to her home.

The worker requesting such an adaptation may ask, for example, to move from a face-to-face working regime to a remote working regime if the adaptation is proportionate to her needs and the organisational or productive needs of the company and without the need to reduce working hours and salary.

What is the difference between adaptation and reduction?

The main difference between the two is in terms of pay, since, in the case of a reduction in working hours, pay would be reduced in the same proportion. However, in the case of an adaptation, the salary would be the same, but the working hours would be distributed differently.

Moreover, the reduction of working hours in Spain, unlike the adaptation, entails protection against unfair dismissal unless they are carried out jointly.

Or unless the reasons for dismissal are based on any of the causes of discrimination prohibited in the Constitution or the law or if the dismissal violates the fundamental rights and public freedoms of the worker.

What if I want to return to my “normal” working day in Spain?

The law also recognises the employee’s right to request a return to his or her previous working hours in Spain or previous contractual modality when the agreed period has ended or without the period has elapsed, it is justified by a change in personal circumstances.

Is there a limit to the number of applications?

There is no limit to the number of applications as long as each application meets the requirements for this right.

For how long can I apply for a voluntary adaptation?

Any worker may do so as long as their request is reasonable and proportionate in relation to their needs. The only limit is if the request is made for the care of children under 12 years of age, in which case the right is extinguished when they reach that age.