The reduction of working hours is an individual right of employees, but if two or more employees of the same company exercise this right through the same person who needs legal guardianship, the employer may restrict the exercise of this right and justify the violation of the company`s activities. Thank you very much, Mr Alejandro. You are quite right that it is strange and, unfortunately, I do not think that a Belgian lawyer can help me, since this agreement talks about novation, which, as I understand it, means the end of the working relationship with the parent company. “It is proposed to Ms Laura XXX to conclude an employment contract with Barcelona XX in accordance with the labour law of the country of the host company. This is the objective of this agreement on the concerted transfer of employees, which involves the novation of contractual relations with the parent company and the creation of an exclusive legal relationship with Barcelona XX”, or perhaps I have misunderstood, and novation means that conditions such as seniority are considered to be effectively met. as a kind of surrogacy? Thank you for your professional advice, you don`t know how much it stresses me out when I make a very important decision for my future and that of our children. Laura In my company, people who demand a schedule or a reduction in working hours in the morning automatically reject this. We are more than 100 workers per shift (morning and afternoon). I understand that they may refuse because of the schedule, but they always give a negative in the morning (in the afternoon there is no problem) Should I contact me if they do not accept the schedule that suits me best? Another problem is that every year we have to ask for fixing or reducing working hours for the care of children under 12. I don`t know if it`s legal, because just as you can accept the discount one year, they can refuse it the next. Thank you very much.
c4) Collective agreements concluded after the date of entry into force of Organic Law 3/2007 – 24. March 2007 – and generally or the contractual clause on the reduction of working hours for the care of children and relatives with a significant variant taking up the content of Article 37.5 ET, if they limit the right to the reduction of working time for legal guardianship to a reduction in the working day at the beginning or at the end of it162. A restriction that openly contradicts the regime provided for by the legal norm. Hello Geovanny. When it comes to caring for a child under the age of 12, it is preferable to ask for a reduction in working hours for childcare, as this has more advantages than reducing working hours for caring for loved ones. Because in the first two years, even if you are with the reduced working day, the social security contribution must be as if you were working full-time, at the level of benefits. If there is no other person who can care for the child, such a request would be justified. Greetings. Regarding the other consequences, it should be noted that the reduction of working hours for legal guardianship is a right that helps the employee, which can not be limited by the damages noted by other employees of the company. This means that the possible disadvantages of the employees do not prevail over the fundamental right protected in this case.
The company is not required to hire more employees and may cover the employee`s absence by a justified change to the schedules of others. However, this justified change does not restrict the right of workers to voluntarily terminate their contract due to substantial and detrimental changes in their working hours. Hello! I will return full-time in a few days after legal guardianship for custody of a minor child. I will probably be released soon at the right time. How would this affect unemployment? I am in the process of reducing the hours of work for legal guardianship. If I stop the discount because I want to, can I be fired the next day? Or there is a time of grace that protects me. It`s because my boss “hinted” that she would fire me if she could. Thank you The reduction in working hours for legal guardianship also affects the rough concepts of payroll. These are reduced by the same percentage as the hours of the day, i.e.
if the employee reduces his working day to 50%, his gross basic salary is also reduced to 50%. Hi Sara. As for the reduction of working hours to care for relatives, it cannot be required simply because a child over 12 years of age must be taken care of (because it would be necessary to have some kind of restriction which could generally be accredited by one medical report and another by the social services). However, if there are family reasons why you need to adjust the length and distribution of the working day, adjusting the working day is a good option. Greetings. Good Alejandro, I reduced working hours from 8 to 3 to take care of a parent in need of care, the company with a management agreement, reduced payroll concepts such as seniority and eliminated plans that were € 180 per month. They also make retroactive deductions from certain concepts and withhold me from about 7% of the IRPF. In total, I deducted a salary of €1,138.50 and deducted €166.39 that month, giving me a total of €972.11. What do you think? And what kind of income tax should be levied on the reduction in working hours to care for family members? Because I have other colleagues with more seniority in the company and they deduct half of me. It should be noted that there is virtually no evidence of the regulation of working time, and thus also of the reduction of working hours for the care of children and relatives157.
However, this silence is then relatively neutralised by the subsequent agreement158, which adds new chapters to the original text, one of which, ninth, is specifically aimed at regulating equal treatment and equal opportunities for women and men. Chapter mentioning working time – Article 2.6 – which, without prejudice to the regulation which may include the collective agreement on the right to reconcile private, family and professional life, calls for collective agreements of a narrower scope by means of a general declaration promoting measures to make working time and working time more flexible. If your family member is a pensioner who is permanently incapacitated or retired, you can contact the General Social Security Fund to request a certificate proving this fact. And for the rest of the cases, it can be justified by the presentation of the IRPF declaration. Hello Alejandro, in April I am running out of discount for the care of a child under 12 years old, my day is fixed in the morning and I have 35 h, my question is the following, the company can fix me in the afternoon? Before the reduction, I did rotating shifts in the morning and afternoon. Because then I will not be able to reconcile social life and family life I have set fixed afternoons, could we do something? Hello Alejandro, I have reduced the working hours for the care of my son, I am ERTE since 14.03.2020. My work schedule before ERTE was 3h30min from Monday to Friday. One week from 9am to 12.30pm and another from 4pm to 7.30pm. I was told that when I return, the schedule will change and I will work 5h50min a day, divided into three days, Tuesday, Thursday and Saturday. Can the company change my schedule, is it legal? Can I refuse to close at 22:30? The contract does not specify my schedule or working days.