Section 8 of article 34 of the Workers’ Statute includes the right of the worker to what is commonly known as “The working day on demand”.
It is a measure that allows workers to request the adaptation of their working day to their circumstances and family needs.
For the adaptation of this workday to the letter, 3 possible requests arise:
• The adaptation of the duration of the day.
• Modification of the distribution of the working day and the organization of working time (specific shift, flexible hours, daytime working hours …).
• Possibility of requesting remote work for hours or days.
These accommodations must always be reasonable and proportionate to both parties. Any worker has the right to request the company (expressly) to adapt their working hours. From that moment, the conditions or their concession must be negotiated within a maximum period of 30 days. After this, the company must communicate its decision in writing, and if it is negative, objectively argue the reasons.
Once the agreed period of time has elapsed, the worker may request to return to their usual working day.
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