May 11, 2022
In General Discussions
The regulations speak of the "right to request" and not the "right to adaptation" , and this can be a turning point for the lack of understanding between both parties. Frequently asked Phone number list questions about the à la carte workday How to process applications? The worker will have to start an application process that contains the explanation of the reasons why they want to adapt their working day. The company will have a maximum period of 30 days to evaluate the request and give a resolution. At the end of this period, the company will have to communicate in writing the decision taken , which may be the acceptance of the agreement, the proposal of an alternative that includes the Phone number list worker's conciliation needs or the refusal of the request. In the case of expressing the denial of the request presented by the worker, the company must state the reasons that support that decision. And if it is denied, what can happen? The discrepancies between the company and the worker and the consequent non-granting of the request will be resolved by the social jurisdiction according to article 139 of LR JS (regulatory law of the social jurisdiction). The worker has 20 days, from the moment the refusal of his Phone number list application is communicated, to present a lawsuit before the court. How does it affect the contract conditions and quotes? It does not affect in any way, since the contract is not modified, only the duration and distribution of the working day. The salary is also not modified in the event that the request is accepted, since it is only about having the possibility of choosing your working day and when to perform it. In what period can it be received? It depends on each particular case and the Phone number list reasons that have been argued to develop the request. There are multiple variables that are not only resolved with the age of the children. Impact of the à la carte working day A la carte shift requests have already multiplied and expanded in organizations. Some of these requests are being negotiated bilaterally, others are in the process of being evaluated and considered by the company, and many others are already in the jurisdiction phase within a process that does not admit appeal and for which there are already rulings favorable to the worker. . According to some law firms and law firms, specialists in labor, this maelstrom supposes a considerable increase in salary costs and a disruption of the organization. Companies will have to Phone number list increase their resources to respond to the flexibility that they face and this will lead to an increase in organizational costs. “The à la carte working day is going to cause a conflict in the business organization that can be channeled through collective bargaining. This damage can be very great when there are massive requests or in shifts like the weekend that nobody is going to Phone number list want to do, since everything starts from the premise of this new individual right. Iñigo Sagardoy , President of Sagardoy Abogados, assured in statements to Expansión . For Monika Bertram , Associate at Monereo Meyer Abogados, it is an “incredible mess” : “the businessman has no strength. He limits his ability to organize and direct the company. He hires for a shift and the worker changes him. Not to mention the knock-on effect and the chain reaction of requests. The right of the worker prevails and he will also have a guarantee of indemnity.