Title THE CONFLICT BETWEEN CONCILIATION AND BUSINESS FIRMS' NEEDS IN THE ORGANIZATION OF TIME ON THE JOB: LEGAL REGULATION, JUDICIAL DOCTRINE AND THE IMPORTANCE OF NEGOTIATION
Authors VELASCO PORTERO, MARÍA TERESA, VELASCO PORTERO, MARÍA TERESA
External publication No
Means Rev. Gen. Derecho Trab. Segur. Soc.
Scope Article
Nature Científica
Area International
Publication date 01/10/2015
ISI 000421171400004
Abstract In the organization of working time the interests of the employee, due to his needs to reconcile his work, family and personal life, converge with the interests of the employer that are mainly derived from organizational and productive obligations, and there is often conflict between the two. This paper will analyze the hot spots in this conflict which are generally found: in the context of the employer's right to fix an irregular distribution of working hours (art. 34.2 ET); in the issue of determining holiday dates (art. 38 ET); in the setting of timetables, formulas for leaves of absence and suspensions associated with conciliation (art. 37.6 ET); regarding the question of setting work timetables and fixing dates for reduced working hours (37.5 and 37.6 ET); and finally, with respect to the right of workers to adapt and distribute their working hours (art. 34.8 ET), especially regarding requests for changes in shifts or in timetable flexibility. We will review all these issues by presenting the general guidelines of their legal regulation and the criteria laid down by the latest judicial doctrine, as well as the role played by collective bargaining.
Keywords irregular working day; holidays; shifts; conciliation
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