Hello, my daughter will be 12 years old in April. I can ask for a reduction in working hours because I am over 12 years old. (I want to ask about this because the school schedule has changed due to Covid and will leave earlier and I have no one to leave it with) After a real case of consultation and the fact that there are many doubts about it, I decided to write a synthetic but comprehensive guide on the reduction of working hours for legal guardianship for childcare. This article is in addition to the article published on breastfeeding leave in order to bring labour law closer to all employees (and mothers in particular) in a simple and concise way. Hello good evening, I have been working in a company since 2003 and after being a mother, 5 years ago I asked for a reduction in working hours, that is to say a legal guardianship. The company has made an EUA and they will fire me. 5 years with reduction both at the time of benefit and at the time of unemployment would be based on the contribution base, as if I were full-time? Thank you Alejandro for your answers. Before this question from Paula, I have the same doubt and I do not understand her answer. Can I cancel my summer work hours to stay full-time and enjoy my company`s intense schedule? I asked for an adjustment in the summer and what they did was increase me by an hour to get to the intensive schedule, but instead of charging for the full time, I charge for those overtime. My reduced schedule is from 8:30 to 14:00, the company`s intensive course is from 8:30 to 15:00.
Instead of keeping me busy full-time and enjoying the crash course, they tell me no, they increase my day during that extra hour. I think it`s unfair because my colleagues work full-time and fewer hours. Thank you very much No, asking for a reduction in working time does not automatically mean that you have to accept the requirement of hours you want. If the IRPF can be lower. Good evening, congratulations on the quality of the article. You would be interested to know when the “protection against dismissal” begins in case of reduction of working hours for legal guardianship. In my case, I informed the company of my intention to request a reduction in working hours after the holidays. The protection is extended from the moment I have informed of my intention, or the protection is limited only to the time during which I already have a reduction in working hours. Thanks in advance, Montse You`d better know who is the one who usually organizes your day, and I would ask HR that the gap between what HR tells you and your boss exists. Hi Alejandro, my day is from 9am to 6pm, with an hour to eat. Many workers wonder, when their company is experiencing economic problems, whether their employment situation can be affected by an ERTE or an EUA, which even has the right to reduce working hours for legal guardianship. The answer is yes.
The enjoyment of this right does not preclude the worker from being affected by one of these procedures. However, when calculating your unemployment benefit, the last day you received before applying for this reduction will be used as a reference. Therefore, this discount time would not count and you could enjoy 100% of the benefit. Hello, I asked for an adjustment of the day (only half an hour of entry and exit) for reconciliation, but I was denied. I do 40 hours a week and I would only have to reduce myself by 30 minutes a day, I understand that I do not reach the eighth of my day, right? This reduction in working time goes hand in hand with a proportional reduction in wages. The reduced working time is always decided by the employee, without the company being able to oppose it. Hello, thank you for the information is very helpful, I have the following question I have two children, one 12 years old and another five, I can still benefit from the reduction in working time, I have to explain the reason for my request for reduction, and if the company can refuse me, what would be your objections? Thanks in advance. You can make a deal with the company for that day, but it wouldn`t be a discount for legal guardianship with the implications that come with it. Hello, I granted the reduction of working time (1/8) since 2011 (confirmed by letter from the company), but they notified Social Security only months later (already the new labor reform, 2012): -What impact can this have? -Can you impose a new schedule on me (for example with the lunch break) if you have already signed the one I proposed? -at the statutory level, the confirmation letter provided by the company or the date of registration in the SS has more weight? Hello, I also asked for legal guardianship with a reduction of working time to 35 hours. My day is Monday to Saturday, but they want me to work 9 hours every Saturday.
And it`s not a daily discount. The discount must be daily if I do not want to do 9 hours a day. “How can I gently claim that I am entitled to what I ask for and that they accept what I propose?” This is a good question and quite subjective, as it depends on the company whether it negotiates or not. Perhaps it is better to present a letter with what you tell me, try to argue that you are within your right to ask on the day you ask for it. The truth is that if you do more than six hours straight, you have to take a minimum break of 15 minutes, which, from what you say, in your case, is considered effective work. My wife works in a leisure business. There is activity every day of the week. Your colleagues have irregular working hours and 2 holidays per week on a rotating basis The agreement states that at least 1 weekend per month is appreciated. It calls for a reduction in working hours for legal guardianship, 25 hours a week and a party on Saturday and Sunday. Due to scheduling and time issues, there is no problem, but they do not accept Saturdays and Sundays as holidays.
The company says the holidays have to turn. Oh, really? Note: Some of the points set out in this article on the reduction of working hours for legal guardianship are subject to the provisions of the relevant collective agreement. Hello. My intention is to ask for a reduction in working time to 50%, but to accumulate it for 8 months so as not to go to work for the first 4 months and to receive 50% of my remuneration for 8 months. I understand that the company has no obligation, but with goodwill, it can accept, right? They offer a 95% discount and the remaining 5% for the 4-month vacation, which I am not interested in or think is in line with labor law. Thanks in advance. I will rephrase the question: I am in favour of a reduction in working hours, and I requested this in writing from 14 to 16 January. Can I waive the reduction in October 2014 and ask the company to return to my full-time employment plan? It depends on the decision of the company, who can come back before the end or not? In addition, you can always agree something different with the company regarding the indication of the time to ask, provided that the discount is between one eighth and a maximum of half the length of the day. However, as we explain in more detail in this article, not all bonuses and concepts paid in payroll should be reduced in proportion to the working day, but some should be received completely.
In terms of service delivery with the company, yes, there is no problem. The problem is what Social Security can interpret, which can say that you don`t make the reduction like the law and therefore don`t provide the same protection. Possible consequences? That you are considered a part-time contract instead of a full-time contract, which shortens the days for possible benefits and similar problems. This is a case that is not provided for in the regulations and therefore cannot be said with certainty.