The possibility of a company modifying a worker’s working hours usually generates doubts and tensions, especially when the organization justifies the measure for productive reasons. In a case in which a company intends advance the arrival time and delay the departure time to cover new service needsthe change can be considered a substantial alteration of working conditions if it affects the balance between personal and professional life. However, it can also fall within the margins permitted by law when the modification is limited and responds to a planned internal distribution.
The Workers’ Statute in its article 34 establishes that the company can distribute the working day irregularly throughout the year as long as it does not exceed ten percent of the annual working day and that said distribution is carried out respecting the minimum rest periods and the employee’s conciliation. This margin gives the company some flexibility to reorganize shifts or adjust time slots without having to process a substantial modification. However, if the change exceeds that percentage or alters the nature of the agreed day It will be necessary to follow the appropriate legal procedure, with prior information and the possibility for the worker to challenge the measure.
In the hypothesis presented, the key lies in determining whether the variation falls within the ten percent margin or if it implies a profound change in working conditions that forces the company to justify technical, productive or organizational reasons. It also influences whether the worker has historically worked his day in specific sections and whether the modification affects his work-life balance or his real availability. However,What happens if the worker’s contract clarifies the working period including weekends? but has the employee never worked during this time?
A lawyer responds to the change in work hours
Juan Manuel Lorente, a labor lawyer who has become known for his informative publications on social networks, explains this anomalous case in which the company significantly changes the worker’s routine. “They cannot force you to work a weekend even if you have a contract in which the working day from Monday to Sunday is specified,” the professional begins by explaining. For a better understanding of the factors involved, he establishes a context of the situation. “Imagine that you sign a contract in which that clause comes, working day from Monday to Sunday. However, throughout your employment relationship your working hours have been from Monday to Friday, without ever having worked on Saturday or Sunday,” he confirms.
“Right off the bat, your boss tells you that next week you are going to work Saturday and Sunday and that you are going to rest during the week, and when you protest, he tells you that it is part of your contract,” he exemplifies, later indicating the nullity of this action. It should be explained that in Spain, the concept of the contract, in certain cases, is not immutable, which means that it is subject to specific conditions that are established over time, as is the case in this case. “If your company has tried move to weekends without negotiation, you can challenge it“, he assures based on the Supreme Court’s resolution.
Right to leave with unemployment and compensation
“Your contract is something alive and no matter how much it says that your day is from Monday to Sunday, but it ends up being Monday to Friday, to change it there will have to be a substantial modification, technical organizational reasons, etc.,” he emphasizes. Therefore, in his words, the superior must indicate all these cases in writing and inform fifteen days in advance. If not, you could leave with the right to unemployment.”It is a substantial modification of working conditions, article 41 of the Workers’ Statutenot a simple time adjustment. The company must justify the cause, open a consultation period and allow the worker to accept or terminate their contract with compensation,” he concludes.