The adaptation of the working day is one of the novelties in the equality plans, which, together with the registration of the working hours and the extension of the paternity leave, has recently been approved by the Spanish Government. How should the company act in the face of this new challenge?
Adaptation to the working day: Formalities
- First of all, it is essential to record in writing, and if possible in duplicate, the beginning and end of the negotiation period between the company and the employee. This will allow the company to prove that the required guarantee has been fulfilled
- Secondly, the company is obliged to receive the proposals made by the employee. The judicial pronouncements that have been substantiated so far emphasize that the request for adaptation of working hours is not limited to a single schedule, but that it includes some alternative.
In the same sense, it is also required that, if the request is denied, the company offers alternatives to the employee during the negotiation. It is important to make this offer in writing, to demonstrate that the company has assessed all available options before proceeding with the denial of the application.
- Finally, if the denial is based on organizational grounds, the company must provide ample proof of the potential harm that would be caused by accepting the application. For example, based on:
- That there are no morning and afternoon rotary shifts
- That the assignment of the requested shift on a fixed basis would inevitably lead to the unbalancing of the organizational system
- That the clients seek assistance during the shift the employee is trying to change
- The percentage of revenue the change would entail, etc.
We can conclude that, in the event of a request for adaptation of the working day, the company cannot generically use organizational causes. For the refusal to be valid, such causes must be grounded. Do not hesitate to contact us for us to study your particular case.
This article is not considered as legal advice