Hiring and adjustment of working hours

Workers can request adjustments to their working hours for family reconciliation. These can consist of changes in schedule, shift, and distribution of working hours, and even in the performance of telework if this form of service provision is implemented in their company. However, this right does not allow for the unilateral imposition of the desired schedule. For these purposes:

• The law requires you to analyze the request and assess whether it is reasonable organizationally.

• A balance must be sought between the worker's need for reconciliation and the organizational or productive needs of the position.

If the worker was hired specifically to cover a specific time slot, the schedule becomes an essential part of that position, so the company may deny the adjustment of working hours, as there are real organizational or productive reasons.

In these cases, it is advisable to check if there are positions compatible with the requested schedule. If none exist, the company may oppose, as long as it provides justification.

A common mistake is to simply respond that the change "is not possible due to organizational needs." In that case, it may be considered that the company's refusal is not justified. Therefore, it is advisable:

• Before denying the request, hold a meeting with the worker and consider intermediate alternatives. This way, the company can demonstrate that it negotiated in good faith and analyzed the request.

• When denying the request, do so in writing and explain reasoned what organizational need exists and why the change would affect the functioning of the service (for example, indicating that if the worker was hired at a specific time, it was because the business need exists specifically at that time).