For years, the Law in Spain has allowed to request a reduction in working hours, which the father or mother can request indistinctly, for children up to 8 years of age; and that can be requested by anyone with a family member who is dependent on them. It is a right acquired by workers after demanding it for many years due to the difficulty that parents have in reconciling work and family life.
Today I am going to tell you what the Law says, but also what unfortunately happens in reality to many people who, after requesting a reduction in working hours, suffer negative consequences in their jobs.
Cases in which a reduction in working hours can be requested
- Legal guardianship - parents and guardians with children under 8 years old Legal guardianship - parents and guardians with children with physical, mental or sensory disabilities, who do not carry out a paid activity. a direct relative up to the 2nd degree, who for reasons of age, accident or illness, cannot take care of himself and does not carry out a paid activity.
To care for children or ward / as under 18, there are special conditions in case of long-term hospitalization in need of direct care.
Conditions to request the reduction of working hours
- By law, the reduction in working hours must be at least 1/8 and a maximum of ½ of the working day. The gross salary is reduced in the same proportion. The worker can decide the schedule and the reduction period. Here is a change, according to Law 3/2012 of July 6, the reduction must refer to the Daily shift. You can no longer accumulate whole days without working. The law does not require or impose any notice period to communicate the request, it can be requested at any time. The law does not require it to be done in writing, but it is convenient to do so, stating how much to reduce the working day, the new work schedule that is proposed and the start date.If you were fired for this request, it would be Void dismissal for violation of fundamental rights.If it is compatible with the breastfeeding leave, they can be enjoyed at the time.When there are discrepancies with the company regarding the proposed schedule or the period of enjoyment, a claim must be filed with the Social Courts for the exercise of this right to be recognized, through the "urgent and preferential" procedure, which is the provided for these cases in the Labor Procedure Law.
What happens in some companies due to the reduction of working hours
Enough years have passed for companies to have assumed the right of their employees to conciliation by reducing working hours. That helps, since when that right was acquired, almost all workers needed to file a complaint in order to enjoy its reduction.
Unfortunately, it is still relatively common for people who request the reduction to be “punished” with the excuse that by going for fewer hours they cannot do the work they were doing until then, going on to perform positions well below their qualifications and curriculum.
And this is aggravated if the person had a position of responsibility, since many companies interpret that middle managers and managers owe absolute loyalty to the company, and see the reduction in working hours as disloyalty.
This problem occurs indistinctly, whether the worker is male or female.
The reality of reduced working hours
Although the laws are advancing on the issue of conciliation, the balance between business interests and workers' rights to family conciliation has not yet been reached. We cannot sleep, we must support all the organizations that work to improve this reality. We must also recognize the work of many companies that make an effort to make it easier for their employees to reduce working hours.
The terrible Spanish habit of staying at office work until 7 in the afternoon, wasting two hours "to eat" does not help anything to conciliate; or that shops remain open until 8.30 in the afternoon, closing from 2 to 5 "for lunch." Meanwhile, in the rest of Europe and North America you work from 9 to 5, using the morning break to eat, and leaving the afternoon for personal life.
If you are thinking of requesting a reduction in working hours or are already enjoying it, and your company does not collaborate, try not to let yourself be depressed by fear of your company, your boss or your colleagues. You don't have to put up with being ignored, there is even a case of mobbing for this reason. I think that if you don't defend yourself, in the long run you will end up losing any motivation for your work and it is easy for you to end up quitting.
Demand your right to work-life balance, either by reducing working hours or by streamlining hours.
Furthermore, respect for yourself should start exactly there: with yourself.
"The best legacy of a father to his children is a little of his time each day." Leon Battista Alberti.
