It’s possible you’ll not know this, however by regulation your boss in Spain should mean you can work at home when you’ve got younger kids or take care of aged or disabled relations.
Working a job and taking care of kids or caring for kinfolk on the identical time could be a difficult balancing act that calls for lots of time and sacrifice in your half, but that is the fact for thousands and thousands.
The excellent news is that in Spain, in case you are employed and have kids below 12 years previous or take care of disabled or aged dad and mom who’re fully depending on you, then by regulation, your organization should mean you can work at home – and never simply sometimes. You even have the correct to request to work completely from residence.
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This isn’t only a rule which you can request and that your organization decides whether or not to grant you or not – that is your proper as an worker.
Your organization is on the very least obliged to barter with you and may solely refuse if it has a justifiable objection.
This principally means it could rely on the kind of work you have got. If you happen to work in an workplace, this will likely be attainable, however when you’ve got a consumer dealing with position as a tour information otherwise you’re a instructor for instance, it may not be.
Right here’s what the regulation truly says:
Article 34.8 of the Employees’ Statute permits any employee to request changes to their working hours to steadiness work and household life. This contains:
- Shift or schedule modifications
- Modified working hours
- Distant work, even at one hundred pc capability
This proper applies to these liable for:
- Youngsters below 12 years of age
- Dependent relations
- Youngsters with disabilities or particular wants (even these over 12 years of age)
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What are the important thing necessities?
- Your work should be capable of be executed remotely with the identical or very related outcomes.
- The request should be motivated by actual and justified work-life steadiness wants.
- To refuse, the corporate should be capable of show clearly that it might do injury to their enterprise in case you labored remotely or modified your schedule.
A number of court docket rulings have in truth dominated in favour of the worker when the corporate refused, nevertheless.
One current case concerned a employee who efficiently argued that as a result of she had labored remotely in the course of the pandemic and already labored from residence two days per week, then she may work remotely on a regular basis. She proved that her efficiency was the identical when working from residence and within the workplace.
One other instance was in January 2025, when the Excessive Court docket of Justice in Madrid dominated in favour of a lawyer with a disabled daughter and ordered her firm to permit her to work completely from residence. She was additionally awarded €7,500 in compensation for discriminatory remedy.
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How do I request to work at home or a change in schedule?
You could ship your request in writing asking for schedule changes or the power to work at home. You could embrace:
- Your loved ones scenario and cite Article 34.8 of the Employees’ Statute.
- Connect supporting documentation akin to delivery certificates, incapacity certificates, household file guide, and so forth.
The corporate should reply inside a most of 15 days. In the event that they refuse, they need to clarify their causes in writing.
If there isn’t any settlement, you’ll be able to go to court docket. In accordance with authorized specialists, the process is fast and is normally resolved inside a couple of weeks.
Many corporations in Spain proceed to behave as if having the ability to work remotely is solely a favour to you, but it surely’s truly written into the regulation.
When there’s a actual want for work-life steadiness, akin to caring for kids dependents, the regulation protects your proper to request a distinct approach of working, so long as it’s each attainable and affordable.
