Learn what to do when your employer cuts your hours with practical tips for navigating financial challenges and professional development opportunities.
In general, the company cannot force you to reduce your working hours . Normally, this decision would imply a substantial modification of the working conditions, which is prohibited by the Workers’ Statute and, therefore, allows you to leave the company with compensation.
In what cases can I be forced to reduce my working hours?
There are three situations in which the company could force you to reduce your working hours:
- The first of these has to do with the concurrence of economic , organizational , technical or production reasons . These causes can lead to an objective dismissal . In addition, if the objective dismissals affect a certain number of workers simultaneously or successively, we could be facing a collective dismissal. One way to avoid the ERE is by processing an ERTE . The ERTE is nothing more than a temporary and more limited version of the employment regulation file, which tries to minimize the impact of the negative state of the company on its labor relations.
- The second of these can also lead to the processing of an ERE or an ERTE. This involves the occurrence of force majeure , and once again we are faced with a situation in which the reduction of working hours is presented as a less serious option than the dismissal of the affected persons.
- Finally, there is the case of companies in bankruptcy proceedings . Given their insolvency situation, the company cannot pay the salaries of its staff. Therefore, it is better to reduce their working hours than to force them to provide services without pay.
As you can see, the situations in which the company can force you to reduce your working hours always have to do with avoiding more harmful measures, such as demanding hours of work that may not be paid, or firing you.
What To Do When Your Employer Cuts Your Hours
The worker will always be able to file a claim in defense of his or her labor rights. To do so, it would be advisable to have the assistance of a labor lawyer with experience in workday reductions.
The employee has the right to choose the time and date of the reduction of working hours for legal custody. The company , for its part, cannot oppose the right to reduce working hours, nor the percentage of working hours that are to be reduced , although it can oppose the chosen schedule if it causes harm to the company .
In these cases, the request for a reduction in working hours may generate a conflict with the interests of the company , and the decision on its application may be taken to court.