Royal Decree-Law 5/2023 expands the regulation of the on-demand workday to make it easier for workers to balance their work and family life. We tell you the details in this article.
Since 2007, various legislative changes have been made to introduce the so-called à la carte working day into labour legislation. Initially, the right to adapt the working day was recognised on the basis of collective bargaining or an agreement between the worker and the employer. In 2019, the Workers' Statute was amended to establish that any worker could request:
modifications in the length or distribution of the working day,
organization and form of provision of this,
and reference was made to teleworking.
With the new 2023 regulation, new cases are recognized in which the à la carte workday can be requested .
According to Infojobs, of the 35% who find it easy to balance their work and family life, 41% are professionals who have the possibility of teleworking.
Start of marked textTWEET IT! Find out all about the on-demand event and its latest developments, following the approval of Royal Decree-Law 5/2023.End of marked text
Regulation of the working day on demand
The regulation is found in article 34, section 8 of the Workers' Statute. It establishes the right of the worker to adapt the working day to reconcile personal and professional life. In order to put this right into practice, the worker can request:
That the length of the working day be adapted .
That the working day be distributed in a different way.
That the way work is performed be adapted, for example, by implementing teleworking.
These measures aim to ensure that workers can achieve a balance between work and family life without having to reduce their working hours and salary.
Extension of the working day
The new regulation of the à la carte working day affects three aspects of this:
Cases in which it can be requested
With the new rule, you can request an local marketing email list adaptation of your working day to care for:
Sons and daughters over 12 years of age.
Spouse or common-law partner.
Relatives by blood up to the second degree.
Other dependent persons who live with the worker in the same home and who, for reasons of age, accident or illness, cannot care for themselves.
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Speed in granting
Another of the new features of the law is the process of negotiation with the worker. In the absence of collective bargaining, it must be carried out as quickly as possible and over a maximum period of 15 days . If there is no express opposition within this period from the company, it will be understood that the à la carte workday has been granted.
