Under what circumstances can I request a reduction in working hours?

Spanish legislation allows for a reduction in working hours in various situations related to family obligations:

🍼 Infant Care 1

Employees are entitled to:

  • One hour of leave per day for infant care (including breastfeeding)
  • Until the child is 9 months old
  • Without loss of pay

🏥 Hospitalization of the Newborn 2

In the event of premature birth or if the child must remain in the hospital after birth, both parents have the right to:

  • Take one hour off work with pay, subject to prior notification and justification.
  • Reduce their working hours by a maximum of 2 hours with a proportional reduction in pay.

👩‍👧‍👦 Legal Guardianship and Family Care 3

Exercising this right entails a proportional reduction in salary and is granted in the following cases:

  • For individuals with direct custody of a minor under 12 years of age.
  • For individuals who must directly care for their spouse, civil partner (pareja de hecho in Spain), or a relative up to the second degree
    • when the latter cannot provide for their own needs (age, illness, accident)
    • and does not receive remuneration

How do I request a reduction in working hours?

Employees can request a reduction in their working hours ranging from one-eighth to half of their usual hours, with a proportional reduction in pay.

The request must be sent to the employer at least 15 days in advance, unless otherwise stipulated in the collective agreement.

**Note :**The employer may limit the application of this right if several employees request it for the same reason, by proposing an alternative plan.

In France, legislation4allows employees who request it to benefit from a reduction in working hours for personal reasons. The employee must inform the employer by registered letter at least six months before the intended implementation date of the new schedule. If the request is refused, the employer must provide a reason within three months of receiving the request. (These timeframes are indicative and may vary depending on the collective agreement.)

Note : Full-time employees have priority for part-time positions corresponding to their professional category. After a period of part-time parental leave, the employee automatically returns to their full-time position.

What are the differences with flexible working hours5 ?

Flexible working hours encompass changes in schedule, a change of workplace, or even a request to work remotely. Such a request can be made under the same circumstances as for reduced working hours (child under 12 or dependent). In the absence of a collective agreement, the company has a maximum of 15 days to negotiate with the employee (compared to 30 days before the reform). During this period, the employee must provide evidence of the family circumstances justifying their request.

Note : : In Spain, flexible working hours are complementary and an alternative to reduced working hours. In other words, in certain circumstances, it is not necessary to resort to reduced working hours, but it is preferable to exercise the right to flexible working hours.

In France, any employee can request individualized working hours, but the employer can refuse. If the employer agrees, the individualized work schedules must be approved by the Works Council (CSE) or the labor inspectorate.

Note : : The employer must establish a written document that includes: the details of the individualized work schedules, the calculation of working hours, and compliance with legal working time regulations.

What happens if the employer refuses a request to adjust working hours?

In Spain, if no agreement is reached, the employee can appeal to the labor court. They have 20 days from the date of notification of the employer's refusal to file their appeal.

Note : : This is a fast-track procedure! A hearing must be scheduled within 5 days of the application being accepted, and the final judgment is issued in just 3 days.

What guarantees does the employee have?

The employee retains the right to return to their previous situation once the planned adjustment period has ended or if the reasons that prompted the initial request no longer exist. Furthermore, any dismissal related to the exercise of these rights is considered null and void.

Footnotes

  1. Article 37.4 LET ↩

  2. Article 37.5 LET ↩

  3. Article 37.6 LET ↩

  4. Article L3123-2 du Code du travail. ↩

  5. Article 34.8 du Statut des travailleurs (LET). ↩