In this article we want to address a controversial issue concerning the compatibility of the reduction of working hours for legal guardianship established in article 37.6 of Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers' Statute and the situation of multiple employment, known as the performance of two or more jobs at the same time.
The Workers' Statute includes the possibility of reducing working hours when, for reasons of legal guardianship, the employee has direct care of a minor under 12 years of age or a person with a disability who does not perform any paid activity, establishing the specific working hours for the employee.
When an employee enjoys a reduced work schedule and the possibility arises of providing part-time services in another company, one of the main drawbacks of the situation described above is that the reduced work schedule for legal guardianship is requested to supervise a minor, and disputes may arise when the remaining work schedule is used for providing services in another company.
In these cases, the current regulations on legal guardianship protect the right to a reduction in working hours for the care of a minor, with the principle of good faith in the employment relationship between the company and the worker being the governing principle.
We emphasize that the reduction of working hours for legal guardianship is intended to allow the worker to have more free time and take care of the children in their care, since the law protects the right of workers to reconcile their work and family life in order to better fulfill the duties inherent in parental authority.
To determine the legality of using time intended for childcare for other purposes, each case must be examined individually. To avoid future disputes, it should be considered that the new job does not occupy all the requested reduced working hours and that it allows the employee to continue balancing their professional and personal life.
The employee must also take into account not to breach contractual good faith, avoiding, for example, unfair competition, not providing services for a company in the same sector that may imply a conflict of interest, among others.
If the company in which the worker has been granted a reduction in working hours for legal guardianship, considers that it has violated the principle of contractual good faith, it could adopt the imposition of a disciplinary measure.
To avoid situations like this, employees should consider properly informing their employer of their intention to work for another company. If you find yourself in a similar situation and would like us to analyze your specific case, Àmbit Assessor is available to answer your questions.
