Reduced Working Hours Request Spain

A Reduced Working Hours Request Spain (Solicitud de Reducción de Jornada por Guarda Legal o Cuidado de Familiar) is the formal written request submitted by a worker to their employer invoking the right to reduce their daily working hours for childcare or family care purposes, as established under Article 37.6 of the Estatuto de los Trabajadores (Real Decreto Legislativo 2/2015, de 23 de octubre — ET). Article 37.6 ET grants workers the right to reduce their ordinary working day by a fraction of between one eighth and one half — with a proportional reduction in salary — for the following care purposes: guarda legal (legal custody) of a child under twelve years of age; care of a family member up to the second degree of consanguinity or affinity (parents, parents-in-law, siblings, siblings-in-law, grandparents, grandchildren) who, for reasons of age, accident, or illness, cannot care for themselves and does not engage in paid employment; or care of a minor with a disability (menor con discapacidad) under Article 37.6 ET as reformed by Real Decreto-Ley 5/2023.

The reducción de jornada under Article 37.6 ET is a fundamental conciliation right (derecho de conciliación de la vida laboral y familiar) grounded in the Constitución Española Article 39 (protection of the family), the Ley Orgánica 3/2007, de 22 de marzo, para la igualdad efectiva de mujeres y hombres (LOI), and EU Directive 2019/1158 on work-life balance for parents and carers, implemented in Spain by Real Decreto-Ley 6/2019 and Real Decreto-Ley 5/2023. The right belongs to all workers regardless of contract type (indefinido, temporal, or parcial) and regardless of sex — though in practice, the right is disproportionately exercised by mothers, and any unequal treatment connected to the exercise of the right constitutes sex discrimination under the LOI and Article 14 of the Constitución.

The worker determines the concrete reduction and the specific schedule (concreción horaria) of the reduced working day — the employer may challenge the schedule proposed by the worker through the concreción horaria procedure under Article 37.7 ET if the proposed schedule causes disproportionate operational difficulties. Under Article 37.7 ET, disagreements about the specific schedule are resolved by the Juzgado de lo Social through an urgent and preferential procedure (procedimiento urgente y preferente), which must be initiated within twenty working days of the employer's refusal.

A worker exercising the reducción de jornada under Article 37.6 ET cannot be dismissed as a result of the exercise of this right — such dismissal is void (despido nulo) under Article 55.5 ET. The worker's salary is reduced proportionally to the reduction in working hours, but all other employment rights — seniority, annual leave, social security contributions, and employment protections — remain intact and are calculated on the basis of the full contractual working day for most purposes.

The legal framework governing the Reduced Working Hours Request Spain in Spain draws on several key statutes and regulatory bodies. Under the Estatuto de los Trabajadores (ET) RDL 2/2015, Spanish employment law governs contracts, dismissals, and working conditions. The Tesorería General de la Seguridad Social (TGSS) administers social security contributions. The Servicio Público de Empleo Estatal (SEPE) manages unemployment benefits. The Inspección de Trabajo y Seguridad Social enforces labour compliance. The Juzgados de lo Social hear employment disputes under the Ley Reguladora de la Jurisdicción Social (Ley 36/2011). Parties executing a Reduced Working Hours Request Spain in Spain should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Estatuto de los Trabajadores (RDL 2/2015) art. 37.6 sets the foundational requirements.

A Reduced Working Hours Request Spain is needed when a worker employed in Spain has legal custody (guarda legal) of a child under twelve years of age and wishes to reduce their working day to spend more time on childcare — the most common application of Article 37.6 ET, widely used by parents of young children.

The solicitud is required when a worker needs to reduce their working hours to care for a dependent family member — a parent, parent-in-law, sibling, or grandparent — who cannot care for themselves due to age, accident, or illness, and who does not engage in paid employment. The dependency does not need to be certified formally for Article 37.6 ET purposes, though evidence may be requested by the employer.

The request is needed when a worker caring for a minor with a disability (menor con discapacidad) wishes to claim the enhanced reducción de jornada provisions that apply under Article 37.6 ET as amended by Real Decreto-Ley 5/2023 — which expanded the rights of parents of children with serious illness or disability requiring direct and continuous care.

The solicitud must be submitted to the employer at least fifteen days before the intended start date of the reduction — while Article 37.6 ET does not specify a notice period, fifteen days is the conventionally accepted minimum and is established in many sector convenios colectivos. Submitting the request in writing with a signed acknowledgement from the employer is essential for both parties.

The application is needed when the worker wishes to change the schedule or the fraction of the reducción — for example, increasing the reduction from one quarter to one third, or shifting the reduced hours from mornings to afternoons. Any change requires a new solicitud and the same notice period.

Workers returning from excedencia por cuidado de hijos (parental leave under Article 46.3 ET) who have a child under twelve may file a reducción de jornada request simultaneously with or upon return from the excedencia, to maintain a work-care balance while resuming their employment.

Parties in Spain should prepare a Reduced Working Hours Request Spain proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Estatuto de los Trabajadores (ET) RDL 2/2015, Spanish employment law governs contracts, dismissals, and working conditions. The Tesorería General de la Seguridad Social (TGSS) administers social security contributions. The Servicio Público de Empleo Estatal (SEPE) manages unemployment benefits. The Inspección de Trabajo y Seguridad Social enforces labour compliance. The Juzgados de lo Social hear employment disputes under the Ley Reguladora de la Jurisdicción Social (Ley 36/2011). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Reduced Working Hours Request Spain under Article 37.6 of the Estatuto de los Trabajadores (RDL 2/2015) must contain the following essential elements.

Worker Identification: Full name, DNI or NIE, job position (puesto de trabajo), department, and direct line manager of the requesting worker. Correct identification links the request to the payroll record at the Tesorería General de la Seguridad Social (TGSS) and confirms the proportional salary adjustment is applied correctly.

Care Justification: A statement of the care ground invoked — guarda legal of a child under twelve (with the child's date of birth or age), care of a dependent family member (with the relationship and nature of the dependency), or care of a minor with disability (with the disability certificate reference). The employer may request documentary evidence — birth certificate, libro de familia, or dependency documentation — but cannot refuse the right based on the nature of the care if the legal conditions are met.

Requested Reduction Fraction: The specific fraction of the working day reduction requested — between one eighth and one half of the ordinary working day. The fraction must be stated precisely — for example, one quarter (reducción de un cuarto), one third (reducción de un tercio), or one half (reducción de la mitad) — as this determines the proportional salary reduction and the new effective working hours.

Concrete Schedule (Concreción Horaria): The specific daily start and end times proposed by the worker for the reduced working day — for example, working from 8:00 to 13:00 instead of 8:00 to 17:00. The worker has the right to determine the schedule under Article 37.6 ET, subject to the employer's right to challenge it through the Article 37.7 ET procedure if operationally unjustified. The proposed schedule should be consistent with the care need (for example, school hours for childcare).

Requested Start Date: The date from which the worker wishes to begin the reduced working hours. At least fifteen days' advance notice is recommended and may be required by the applicable convenio colectivo. Earlier notice supports operational planning by the employer.

Duration: Whether the reduction is requested for a fixed period (período determinado) — for example, until the child reaches age twelve — or indefinitely subject to the care need continuing. Under Article 37.6 ET, the right continues as long as the care circumstances persist and the child is under twelve (or the dependent family member remains dependent).

Salary Impact Acknowledgement: A statement acknowledging that the reduction in working hours carries a proportional reduction in salary (reducción proporcional del salario) — so that both the worker and the employer have a clear record of the agreed financial implications. The payroll adjustment must reflect the exact fraction of reduction agreed.

Applicable Convenio Colectivo: Reference to any more favourable provisions in the applicable sector or company convenio colectivo regarding the reducción de jornada — many convenios extend the eligible age beyond twelve, provide for reductions outside the one eighth to one half range, or provide additional paid leave options for care.

Forms-legal.com provides this Reduced Working Hours Request Spain template as a practical tool for workers and HR departments. Disagreements about the concreción horaria are resolved by the Juzgado de lo Social through the urgent procedure under Article 37.7 ET — workers should file within twenty working days of the employer's refusal. Dismissal connected with the reducción de jornada is void (despido nulo) under Article 55.5 ET. The Inspección de Trabajo y Seguridad Social (ITSS) enforces Article 37.6 ET compliance and may sanction employers who deny or obstruct the right under LISOS (RDL 5/2000).