If an employee has a reduction in working hours, can he/she request a change in the agreed working hours?
If an employee who has been enjoying a reduction in working hours due to legal guardianship and a certain specific timetable tries to exercise his or her right to a new working day, the company may deny him or her the right if there are organisational and productive reasons and the circumstances alleged for the new request are the same as those already alleged in the previous timetable.
It should be remembered that the right to reconcile work and family life must be analysed on a case-by-case basis and does not imply an unlimited right to freely configure the working day on the part of the worker or a right to unilateral modification. In other words, the adaptation requested by the worker must be reasonable and proportionate and meet the organisational and production needs of the company.
The right to work-life balance can be exercised as many times as necessary until the desired work-life balance is achieved, but the worker must justify a change in his or her family circumstances that supports each requested adaptation.
If a worker does not allege (or does not accredit, reason or provide a minimum justification) his or her new need or the family alteration that allows him or her to justify the new modification of the working day, but his or her family circumstances are identical (for example, a minor at school, parents who continue to work in the same company and with the same work regime on public holidays…), a new request for an adaptation or timetable adjustment different to the one already requested may be denied.
Our professionals will advise you on any question related to the reconciliation of work and family life.