Regulations on complimentary hours agreements in Spain
Companies planning to hire a part-time employee that do not know the duration of the contract can overcome this by forming a complimentary hours agreement.
Complimentary hours (see 54 2016) are those hours that are performed in addition to those agreed to in the part-time contract. These need to be in accordance with the following rules:
- The company may only require complimentary hours if it has been expressly agreed to with the employee
- The complimentary hours agreement can be agreed to when signing the part-time contract or at a later date. The agreement must be formalized in writing
- A complimentary hours agreement is only possible for part-time contracts exceeding more than ten hours a week of work annually
- The complimentary hours agreement must note the number of hours the company is entitled to ask for
- The employee must be given at least three days’ notice of the day and time of his or her complimentary hours, unless the agreement establishes a period of less notice
- The work of part-time employees must be recorded daily and controlled monthly. The company must give the employee a copy of both ordinary and complimentary hours
- The complimentary hours effectively made must be paid as ordinary working hours
Renouncing a complimentary hours agreement
A complimentary hours agreement can be ineffective because the employee has renounced it in one of the following circumstances:
- Familial responsibilities
- For educational training when the hours are incompatible
- Incompatibility with other part-time work.
After a year from the signing of the agreement, the employee can renounce the agreement by giving fifteen days’ notice to the company.
Informing the State Public Employment Service
Employers not only have to inform the State Public Employment Service about work contracts and provide basic copies within 10 days, but must also provide information on a complimentary hours agreement signed by part-time employees.
This article is not considered as legal advice