The Spanish Supreme Court has rendered two judgments denying employees the right to change the distribution of working hours for family reasons. In the absence of an agreement with the employer, the right to flexible working time is only recognized for employees who request a reduction of working time by virtue of the Gender Equality Law. The high Court has thus settled the controversy whether or not there is an autonomous right entitling employees to change the distribution of working hours for family-care reasons. Francisco Gomez Abelleira, labor law professor at the Carlos III University of Madrid, is commenting these two decisions for Planet Labor. (Ref. 080929)
The Spanish Supreme Court has rendered two judgments denying employees the right to change the distribution of working hours for reasons of reconciliation of work and family life. It ruled that the employer could refuse the request in cases where 1) the applicable collective bargaining agreement does not recognize such a right, 2) the employer and the employee have not reached an agreement regarding an alternative time schedule, and 3) the employee does not ask for a reduction of her working time in order to care for her child under 8, or her child with disability, or for a dependent relative at home.
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