How do I make the request for a reduction in working hours?

The reduction of working hours due to legal guardianship is a fundamental right that protects the reconciliation of work and family life, relevant for those who have direct care responsibilities. This right is regulated both in the Workers’ Statute and in collective agreements. In this article, we will explore the key aspects of this right, the deadlines and procedures for your request, as well as the implications of the company’s lack of response.

The Workers’ Statute, specifically in its article 37, grants workers the right to reduce their working day between one-eighth and one-half of its duration to care for children under twelve years of age, people with disabilities who do not perform a paid activity, and relatives up to the second degree of consanguinity or affinity who cannot take care of themselves. This right also extends to the care of minors affected by serious illnesses during their hospitalization and continued treatment. Furthermore, the specification of the hours and the determination of the period of enjoyment of this reduction corresponds to the worker, who must notify his or her company at least 15 days in advance. It is important to study how to present these requests correctly so that they reach a successful conclusion.

According to article 34.8 of the Statute, when an adaptation of the working day is also requested, the company has a maximum period of 15 calendar days to respond. If there is no response within this period, it is presumed that the request has been granted. This mechanism protects the rights of the worker and encourages a quick resolution of their requests.

In case of discrepancy or refusal on the part of the company, the worker has the right to resort to social jurisdiction. The deadline to file a claim is 20 business days from the refusal or lack of response from the company. This judicial procedure is a priority and is resolved in a short period of time, guaranteeing that the rights of the worker are respected and protected effectively.

Hiring an employment law specialist is essential to navigate these procedures safely and effectively. With more than 17 years of experience in labor law and 20 in the legal sector, especially in Catalonia, my focus is on providing high-quality legal advice and representation. I understand the complexities of these cases and am committed to protecting the rights of workers, ensuring that they receive the necessary support to reconcile their work and family life.

If you require legal assistance in managing a conciliation request, please do not hesitate to contact me to ensure that your rights are respected and that your needs are met with the utmost professionalism and efficiency.