What is meant by work-life balance?
Work-life balance has become one of the key issues on the POLITICAL AGENDA. Both employees and employers are increasingly recognizing the benefits of offering greater balance and flexibility in work hours and work locations, so that employees can improve their quality of life without negatively impacting business results.
In this live session, we’ll discuss work-life balance in detail and what the Workers’ Statute says about it.
The concept of “work-life balance” refers to achieving an appropriate balance between one’s career and daily personal and family activities. In other words, it consists of a set of strategies or measures designed to ensure that company employees have good opportunities and working conditions without their professional careers affecting their personal lives and family activities.
Where is it regulated?
In Spain, the work-life balance encompasses a series of rights set forth primarily in the Workers’ Statute (ET), which establishes various measures regarding working hours, such as flexible scheduling, paid vacations and leave, leaves of absence, digital disconnection, etc. Also in this vein are proposals such as the 2025 reduction of the workweek, which would see us move from a 40-hour to a 37.5-hour workweek. However, this measure is still in the works.
What are these work-life balance measures?
Care for infants under nine months of age:
Article 37.4 of the Labor Code:
This entitles the employee to one hour of time off from work, which may be divided into two segments. The duration of this time off will increase proportionally in cases of birth, adoption, pre-adoption care, or multiple foster care placements. In addition, this right may be substituted with a half-hour reduction in the workday for the same purpose, or accumulated into full days, provided that this has been negotiated.
This right cannot be transferred to the other parent, adoptive parent, guardian, or foster parent, although both parents are recognized for each child. Finally, the exercise of this right is compatible with reduced working hours for the care of a child, a person with a disability, or a family member.
Newborn hospitalization:
Article 37.5 of the Labor Code:
Employees shall be entitled to take one hour off work in the event of the premature birth of a child or if, for any reason, the child must remain hospitalized following birth. They shall also be entitled to reduce their workday by up to two hours, with a proportional reduction in pay.
Reduced work hours for the direct care of children under 12, people with disabilities, or family members: This is one of the key options available to workers for achieving work-life balance, particularly because they are protected against potential layoffs.
Article 37.6 of the Labor Code.
Any person who, for reasons of legal guardianship, has direct custody of a child under the age of twelve or a person with a disability who is not engaged in paid work shall be entitled to a reduction in the daily work schedule, with a proportional reduction in pay ranging from at least one-eighth to a maximum of one-half of the duration of the workday.
Employees should be aware that their wages will be reduced in proportion to the reduction in working hours, which will also affect wage supplements. Furthermore, it is important to note that the company cannot refuse to grant this reduction, provided that its duration falls within the limits of a minimum of 1/8 of the workday and a maximum of half the workday. However, the company may refuse the schedule chosen by the employee and propose an alternative one. If we terminate an employee whose workweek has been reduced and are unable to prove that the termination was justified, the termination will be deemed invalid.
Reduction of working hours to care for a dependent child affected by cancer or any other illness:
Article 37.6 of the Labor Code:
In this case, the reduction in working hours is justified by the existence of a serious illness that must entail a long-term hospital stay and require direct, continuous, and permanent care. The reduction must be at least 50 percent of the workweek, with no maximum limit specified. The salary will be reduced in the same proportion as the workweek, but there is a subsidy available to the employee to compensate for the loss of income; however, it will be granted only when both parents are working, and only one of them may apply for it.
Consequently, the mere fact that a child or minor in permanent foster care or in guardianship for the purpose of adoption reaches the age of eighteen will not result in the termination of the reduced work schedule, provided that the need for direct, continuous, and permanent care continues to exist.
Workers who are considered victims of gender-based violence, sexual violence, or terrorism:
Article 37.8 of the Labor Code:
In these cases, it is possible to reduce the workweek by as much as the employee wishes, as well as to adapt their workstation. Furthermore, if a change of residence is necessary, these employees will have priority for the transfer.
Other work-life balance measures: adjustments to the workday under Article 34.8 et seq.:
It allows workers to request adjustments to the length and distribution of their workday, as well as to the organization of their work time and the manner in which they perform their work, including telework.
Accommodations must be reasonable and proportionate in relation to the employee’s needs and the company’s organizational and operational needs.
Some examples include switching from shift work to fixed hours, from night shifts to day shifts, or from in-office work to remote work. It is also possible to exempt an employee from traveling or from working on Friday afternoons or on Saturdays and Sundays.
The terms governing the exercise of this right may be agreed upon through collective bargaining or between the employer and the employee.
Specifically, and in the absence of standard regulations, once the company receives the employee’s request, it will initiate a negotiation process lasting a maximum of 15 business days; the request is presumed granted if no express, reasoned objection is raised within this period. At the end of this period, the company will notify the employee in writing of its acceptance or denial, or present an alternative proposal. If no agreement is reached, and in the event that this right is denied, the company must provide a reason for the denial.
In any case, there is no such thing as a right to a“customizable workday.” Generally, each case will be considered on an individual basis, taking into account how the proposed measure affects both the company and the rest of the employees.
Keep in mind that it is not possible (or advisable) to automatically deny an employee any accommodation: if the matter goes to court, the company must demonstrate that it has done everything possible to negotiate with the employee and that it has duly justified its refusal, based on structural or production needs, etc.
Finally, keep in mind that these measures are compatible with reduced working hours for family care. In fact, they are often used in conjunction with one another.
Are there any other permits?
Parental Leave
A new Article 48-bis is added to the Labor Code, providing that workers are entitled to parental leave to care for a child or foster child for a period exceeding one year, until the child reaches the age of eight.
This leave, which shall not exceed eight weeks—whether consecutive or non-consecutive—may be taken on a full-time or part-time basis, in accordance with applicable regulations.
Leave of Absence from Work
Another aspect of work-life balance is the right to take a leave of absence. Any employee, whether working full-time or part-time, has the right to voluntarily suspend their employment contract provided that one of the following two grounds, set forth in Article 46.3 of the Labor Statute, applies:
In both cases, the leave of absence may be taken in installments. It is important to note that the employer may not refuse to grant this right to the employee. However, if two or more employees of the same company are entitled to this right based on the same qualifying event, the employer may limit their simultaneous use of the leave for justified operational reasons.
Is there a specific legal procedure for enforcing this right?
Yes, the Law Regulating Labor Jurisdiction provides for the procedure Rights to balance personal, family, and work life recognized by law or collective bargaining agreements
Article 139 of the Law Regulating Labor Jurisdiction
The procedure for exercising the rights to balance personal, family, and work life—whether recognized by law or by collective bargaining agreement—shall be governed by the following rules:
a) The employee shall have twenty days from the date the employer notifies the employee of its refusal or disagreement with the employee’s proposal to file a complaint with the Labor Court.
A claim for the right to a conciliation measure may be combined with a claim for damages caused to the employee, limited exclusively to those resulting from the denial of that right or from a delay in the implementation of the measure; the employer may be exempt from liability for such damages if he has complied, at least on a provisional basis, the measure proposed by the employee.
The employer and the employee must present their respective proposals and alternative solutions at the pretrial conciliation hearings and at the trial itself; these may be accompanied, where appropriate, by reports from the joint committees or from the bodies responsible for monitoring the company’s equality plans, for consideration in the judgment.
b) The proceedings shall be expedited and given priority. The hearing must be scheduled within five days of the filing of the complaint. The judgment shall be rendered within three days. No appeal may be filed against the judgment, except where a claim for damages has been joined to the action and the amount of such damages could give rise to an appeal for review; in such a case, the ruling on the conciliation measures shall be enforceable as soon as the judgment is rendered.
2. The above procedure shall also apply to the exercise of the rights of female employees who are victims of gender-based violence as established by law, to the reduction of working hours with a proportional reduction in pay, and to the reorganization of working time, through the adjustment of work schedules, the implementation of flexible work hours, or other forms of work-time organization used by the company. A claim for damages directly caused to the female employee by the denial or delay in granting this right may be joined to the aforementioned claim. Where appropriate, the adoption of the precautionary measures provided for in Article 180(4) may be sought.
At Martinez Caballero Abogados, we offer this legal service to our clients.
We provide advice on work-life balance and also prepare the initial applications to be submitted to companies.
What are the benefits of work-life balance?
A good work-life balance offers numerous benefits for individual employees, including:
As a result, work-life balance also benefits companies in the following ways:
How can we improve work-life balance?
Here are some ways companies can help their employees achieve a better work-life balance:
What are some recommended work-life balance strategies?
Among the best-known strategies for work-life balance, the following are particularly noteworthy:
Hybrid Work
Hybrid work is a model that combines in-person work with remote work. Among its key features are the use of technological tools and the flexibility it offers employees. It has many advantages for employees, who achieve a better work-life balance, and for the company, which reduces costs and improves the employee experience and engagement.
Telework
Telework also offers many different advantages, not only to employees but also to the company. Among other benefits, it allows workers to save time on commuting and helps increase productivity. It is important to understand the current state of remote work in Spain and to know that it is voluntary for both employees and the company, and that both parties must reach an agreement if they wish to pursue this arrangement.
Sheila Quiroz Sifuentes
Attorney Specializing in Labor Law
MC Abogados
