Working Conditions: Ordinary Working Time, Overtime, Short-Time Work, and Public Holidays , Apuntes de Derecho

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LESSON II

ESTABLISHMENT OF WORKING

CONDITIONS (1)

WORKING TIME

Working time

Ordinary working time

Overtime

Working hours

Working time and under-aged

Working calendar; public holidays and

annual holidays

Ordinary working time

Duration. Legal limits

Weekly (34.1 ET)

Effective work (34.5 ET). Concept

Irregular distribution v. flexible distribution (34.2 ET)

Daily (34.3 ET. Paragraph 2)

Minimum resting periods

Daily (34.3 ET)

Weekly (37.1 ET):

• Secular nature of weekly rest (STC 19/1985)

Special working time

Legal basis

Art. 34.7 ET, 37.1 ET and RD 1561/

Justification required

Needs of production process

• Working time extension

Health protection

• Working time reduction

Short-time working (2)

For care of family members: art. 37.5 ET

• Requirements

Under 12 years old, handicapped or relatives up to 2nd degree of kinship who

» can not be autonomous

» are not in paid employment

• Right: reduction of wage and working time between 1/8 and 1/
• Right holder: the person having legal custody
• Individual right. Limit
• Effectiveness of the right: art. 37.

Other work-life balance rights: art. 34.8 ET

For gender-based violence and terrorism: art. 37.7 ET

• Right
• Right holder
• Effectiveness of the right: as agreed or, otherwise, the worker

B) Overtime

Legal status: art. 35 ET

Concept

Kinds

• Overtime on voluntary basis - Agreement required - No cause required - Compensation: economic or in resting time - Legal limit: 80 annual hours. Government possibilities: art. 35.2. 3rd parag. ET
• Overtime on compulsory basis - Fixed in contract or collective agreement - Force majeure: concept. Not into the annual limit

Proof: art. 35.5 ET

Collectives with limitations

• Miners, night workers and underage workers

D) Minors and working time

Limits

• Ordinary: 8 daily hours (art. 34.3 – 3rd paragraph)
• Overtime: not permitted (art. 6.3 ET)
• Night work: not permitted (art. 6.2 ET)
• Dangerous work: not permitted (art. 6.2 ET)
• Weekly rest: 2 days (art. 37.1 ET)
• Special scheme of continuous working day (art. 34.

ET)

• Non-application of RD 1561/95 (art. 1.3 RD) on

extensions

E) Working calendar and public

holidays

Working calendar

Art. 34.6 ET: collective aspects

Public holidays (37.2 ET RD 2001/1983)

Purpose

Remuneration

Quantity: 37.2 ET

Determination: 37.2 ET and RD 2001/

Guarantees

Remuneration

• What does it include?
• Economic compensation not permitted

Accumulation not permitted

Denial of holidays as penalty not permitted (art. 58.3 ET)

Is there a duty of resting?

Fixing of holidays

Art. 38.2: by agreement. If not: art. 125 and 126 LPL

• If holidays were fixed: 20 days
• If holidays were not fixed: two months before the intended date

Holidays and unemployment benefits

Art. 209.3 LGSS (after Ley 45/2002)