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Reduction of working hours to care for children or a family member

As a worker, have you ever considered requesting a reduction in working hours to care for children or a family member? Has this case arisen in the company where you work? Since the 2019 reform, Legislation has facilitated the possibility of adapting the working day without the need to reduce the working day. However, if the situation that has arisen is a request for time off to care for children or a family member, In this post we tell you the most important details.

Where is it regulated?

In it article 37.6 of the Workers' Statute. However, collective agreements usually include specialties, therefore, before reviewing the common legislation, we recommend that you read the application agreement carefully. 

Who can request it? 

They have the right to request a reduction of working hours parents or legal guardians who are in the following situations:

  1. Have in your direct care some under twelve years old.
  2. They take care of a person with a disability who does not carry out a paid activity.
  3. Who should be in charge direct care of a family member, up to the second degree of consanguinity or affinity, who for reasons of age, accident or illness can't take care of himself, and does not carry out paid activity.
  4. Whoever responsible for care, during hospitalization and treatment continued, of the minor in their care affected by cancer or other disease, which involves a long-term hospital admission and requires the need for direct, continuous and permanent care, until the child reaches the age of 18.
reduction in working hours for childcare

How much should the reduction be? 

At a minimum, the reduction in daily hours will be one eighth of the day, and at a maximum, half of its duration, with a proportional decrease in salary.

And if both parents or guardians work in the same company Can both request it?

If two or more workers of the same company generate this right for the same person, The employer may limit their simultaneous exercise for justified reasons. of company operation.

How should it be requested?

The current regulations do not provide any requirement regarding the form of request for a reduction in working hours, we should review the applicable sectoral agreement. However, in any case it is It is highly recommended that it be done in writing.

The applicant must notify the employer fifteen days in advance or as determined in the applicable collective agreement, specifying the date on which the infant care leave or the reduction in working hours will begin and end (art. 37.7 ET).

Who chooses the schedule?

The time specification will correspond to the working person within your ordinary day, but it is advisable to review the applicable agreement since they may establish criteria for specifying the hours of the reduction in working hours, taking into account the rights to reconcile the personal, family and work life of the worker and the productive and organizational needs of the companies.

A very important issue that was introduced in the 2012 labor reform is that the reduction in working hours must be daily, that is, not cumulative in a single day.

What effects does it have?

Apart from one greater work-life balance and the proportional salary reduction, already mentioned previously, the reduction of working hours protects the worker in other not so well-known cases:

  • Greater protection against possible cases of dismissal: He art. 53 of the ET establishes that “to be considered appropriate, the dismissal must be sufficiently proven that the objective cause supporting the dismissal specifically requires the termination of the contract of the person in question,” and not another. If the company fails to justify it, the dismissal will be considered null and void.
  • Unemployment benefit: For the calculation of the regulatory base, the contribution bases will be computed increased up to 100% of the amount that would have corresponded if full or part-time work had been maintained, without reduction (art. 270 LGSS).
  • Special effects in cases of contributions for the calculation of disability and retirement benefits: During the first two years of the reduction in working hours for caring for children or for a person with a disability who does not carry out a paid activity, The contributions made will be computed increased up to one hundred percent of the day.. In the other cases included in this post, it increases to one hundred percent only during the first year of enjoying the reduction in working hours (art. 237.6 LGSS).

If you have been interested in this post, in subsequent ones we can detail many more aspects related to the possible discrepancies that could arise between the applicant and the company.

HR / Law

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