If you find yourself in a situation where you require time to take care of your children under twelve (12) years of age, through the company where you work you can obtain the Form to Reduce Hours for Child Care. Which is legally established in the Workers’ Statute.
Next, we leave you the communication model to present the request, when you can request the reduction of working hours, the discrepancies with the company and the salary reduction and many more data. For this reason, we invite you to continue reading this information.
Model Form to Reduce Child Care Hours
According to the provisions of the Law, both men and women have the same right. With regard to using the Form to Reduce Working Hours for Child or Family Care. This right is one of the most requested in the labor sector, in order to harmonize the working life of the personal.
The following is a description of the written request model for the company. There, the date on which the reduction of working hours and hours to be executed begins is specified. Said notification, according to the Law must be done at least fifteen (15) days in advance on the date of the start of the job reduction:
Name WORKER / RA
ID NAME COMPANY
This part hereby comes to REQUEST the protection of what is stipulated in Article 37.6 of the Workers’ Statute. My right to WORK REDUCTION FOR CARE OF A CHILD UNDER XX YEARS OLD, in order to harmonize work and family life.
A reduction in working hours of _________ hours per day is requested. Being the schedule of reduction of working day that is requested from the _______ hours of entry, until the _______ hours that my working day will end.
As stipulated by law, this petition is made with a notice of 15 days to its effectiveness. Starting to enjoy the aforementioned reduced day from day ________
The period of enjoyment of the reduction of working hours will be at the beginning of ________
Without any other particular, I ask you to sign a copy of the receipt of this letter.
I received Signed: WORKER / A
What is the Use of the Form to Reduce Hours for Child Care?
Although the Law does not stipulate that it is mandatory that the request be made in writing. However, to protect the rights of employees, it is essential that the petition the employer is notified in writing. Additionally, it should justify in it the period of time that will be reduced in the working day.
Likewise, the schedule that will be worked while the right is valid and the start date. Regarding re-entry, it is legally mandatory for the employee to present fifteen (15) prior notice to the company. In order to get back to their normal work schedule.
When can I request the Reduction of Working Hours?
With reference to the premises for reducing working hours for childcare, this is regulated in the Workers’ Statute in Article 37. Likewise, it can be requested by those citizens who, for reasons of legal guardianship, have direct protection:
- A descendant with less than twelve (12) years old.
- Descendants with a disability, that does not perform some compensated function.
The same opportunity to order the Form to Reduce Child Care Hours. It is owned by those individuals who have a direct relative under their protection. Which due to age, or having had some kind of accident or have a disease. They do not have the possibility to make a regular life for themselves.
Similarly, reducing the working day is a parent’s right. Likewise, adopters or protectors who are in charge of a minor. Who suffers from cancer or other serious illness that requires hospitalization of the minor for a long period and frequent monitoring.
The parent must certify this situation by means of a medical certificate respective. In such a way that, faced with this condition, if the parent, adopter or protector decides to combine the reduced hours into full periods. It has to be subject to what is determined by the collective agreement, which is used.
Maximum Duration Time
The basic rule is that the maximum time of this authorization is that the descendants reach twelve (12) years of age. When the reduction of the working day for caring for minors who have serious pathologies and require hospitalization. The benefit of reducing the working day is lengthened.
The maximum extension time will be until the minor reaches eighteen (18) years of age. For the other conditions, there is no maximum period to enjoy this authorization.
As mentioned above, in Article 37.6 in its second paragraph of the Workers’ Statute. The reduction of working hours that have been indicated is established. Which have a minimum time of one eighth of working hours, and a maximum of half.
The benefit of enjoying the reduction in working hours. It is because the employee is in one of the legally stipulated conditions. It compulsorily includes a decrease in salary to receive by the worker. This decrease in salary is done in an equal way to the reduction of the schedule.
Therefore, it should be noted that the salary reduction influences not only the basic salary. It also influences all those salary benefits that are on the employee’s payroll. Also, which at the same time influence the Social Security contribution.
Periods to Request Reduction
On the other hand, the Statute of Workers in its Article 37.7 establishes that a fifteen (15) day notice is required. Unless the collective contract provides for another period. The date on which the authorization will begin and end must also be indicated.
If the notice period is complied with, the employee has the opportunity to exercise his right to reduced working hours at all times. This until the minor reaches twelve (12) years and up to eighteen (18) years. If there is hospitalization for any serious pathology or if you are subject to any of the anticipated conditions.
Discrepancies with the Company and Salary Reduction
As a first point, the right to reduce the working day is a right of the employees. regardless of your gender. Therefore, any of the parents who are within the conditions provided for in the Law. They can exercise their right autonomously before the employment status of the other parent.
Additionally, there is the possibility that both parents request the reduction at the same time, with the restriction detailed below:
The employer or professional may restrict the simultaneous activity of the right to reduced working hours. In the event that two (2) or more employees of the same company, request the reduction of hours at the same time. The Workers’ Statute determines that you have to meet three (3) conditions to make it impossible to reduce working hours:
- In the event that they are two (2) or more employees of the same company.
- That the reason that justifies the reduction is for the care of the same minor for the employees.
- That there are proven reasons for managing business functions that can dissuade.
As a second point, it is the employee who determines the work schedule that is going to meet. This when you begin to exercise your right to a reduction in working hours. The employer cannot force the employee to reduce his working hours at a specific time of the day. It will be the worker who adapts the most convenient working time.
In the event that the differences between the employee and the employer remain. The worker can sue in the Social Court, in order to enforce their rights. The time you have to sue is twenty (20) business days. This after the company notifies the rejection of the request for the job reduction.
Nevertheless, The great fear of the employee is: will they dismiss me for asking for my right to reduce the day to care for children? The answer is: No, no worker can be dismissed for applying this essential right. In the event of dismissal, it will be totally null and void.
What is the Form to Reduce Hours for Child Care?
The Form to Reduce Hours for Child CareIt is a document used by citizens who have children under twelve (12) years old. Who need more time to provide assistance, in order to harmonize professional life with personal life.
To proceed with the request, it is necessary to do it fifteen (15) days before. Regarding the steps to follow, they are mentioned below:
- It is a fairly easy procedure, you just have to go to the company’s board of directors. Asking through a statement or orally, or as preferred. It should be noted that the law does not determine any rule or pattern to make the request.
- Show the residence where you live after doing it. The company will estimate it and then they will grant the Form to Reduce Hours for Child Care, in the event that they consider it convenient. This in order that they issue it officially and can grant authorization.
As a worker, it is important to know the benefits that can be had with respect to children. One of these is to acquire the Form to Reduce Hours for Child Care.
Said request is subject to evaluation by the personnel of the company where they are working, and they will be the ones who define whether it is convenient to grant the Form or not. It should be noted that the aforementioned assumptions must be met.
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