You can reduce the working day with an indefinite contract

The labor reform approved in 2012 established that, in order to benefit from the reduction in working hours, the worker must have a part-time contract. Although, later, certain exceptions were introduced, the reality is that, until now, the general rule was that, in order to benefit from the reduction in working hours, the worker had to have a part-time contract.

Organic Law 4/2019, amending the Workers' Statute in terms of permanent contracts, establishes that, from now on, the reduction in working hours may be agreed upon in newly created permanent contracts, so that, at least, they are 16 hours per week.

This new standard represents a significant improvement for workers, since, until now, the reduction in working hours could only be agreed upon in part-time contracts. Thus, workers who had a full-time permanent contract could not take advantage of the reduction in working hours, although they could do so if they had a part-time contract.

The labor reform approved in 2012 established that, in order to benefit from the reduction in working hours, the worker must have a part-time contract. Although, later, certain exceptions were introduced, the reality is that, until now, the general rule was that, in order to benefit from the reduction in working hours, the worker had to have a part-time contract.

Organic Law 4/2019, amending the Workers' Statute in terms of permanent contracts, establishes that, from now on, the reduction in working hours may be agreed upon in newly created permanent contracts, so that, at least, they are 16 hours per week.

This new standard represents a significant improvement for workers, since, until now, the reduction in working hours could only be agreed upon in part-time contracts. Thus, workers who had a full-time permanent contract could not take advantage of the reduction in working hours, although they could do so if they had a part-time contract.

When can you reduce the working day?

The working day can be reduced for different reasons. In some cases, it is the company that decides to reduce the working day, while in other cases it is the worker who requests the reduction.

Some of the reasons why the working day can be reduced are:

• For health reasons: if the worker is sick or has a temporary disability, the company can reduce the working day so that he can rest and recover.
• For family reasons: if the worker needs to take care of a relative, the company can reduce the working day so that they can do so.
• For study reasons: if the worker needs to study for an exam or a degree, the company can reduce the working day so that he can do so.

In any case, the reduction in working hours must be agreed between the company and the worker, and must be reflected in the employment contract.

What happens if the worker does not accept a reduction in working hours?

The reduction in working hours is a legal measure that allows workers to accept a reduction in their working hours, and therefore, in their salary, when circumstances so require. However, the worker has the right to reject this measure, if he considers that it is not the most appropriate for him or her in his or her particular situation. In this case, the employer must seek other solutions to avoid the dismissal, such as the suspension of the contract or the cessation of work activity.

The reduction in working hours is a measure that, in principle, benefits the worker, since it allows him to keep his job and receive a salary even if it is lower than usual. However, in some cases, the worker may consider that it is better for him or her to resign from her job and collect unemployment benefits, than to accept a reduction in hours. This can happen, for example, if the worker has difficulties reconciling her work and personal life, or if the reduction in working hours entails a significant reduction in her salary.

In any case, the worker must inform his employer of his decision not to accept the reduction in working hours, and the employer must seek other solutions to avoid dismissal, such as the suspension of the contract or the cessation of work activity.

How can the working day be changed?

The working day can be modified in various ways, depending on the country and current legislation. In some countries, working hours are regulated by law and cannot be changed without the consent of the workers. In other countries, the working day is more flexible and can be modified with the consent of the workers or by agreement between the employer and the employee.

Some ways to modify the working day are:

- Increase or decrease the number of daily or weekly hours of work. - Modify the work schedule, for example, change from a schedule from 9 to 5 to a schedule from 10 to 6. - Change the type of working day, for example, from a continuous shift to a split shift. - Modify the workplace, for example, work from home or in an office close to home.

The duration of the working day is one of the conditions that can be agreed in the employment contract and, therefore, it is a right of the workers. The working day can be reduced voluntarily or through an agreement between the company and the worker.

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