Work overload! Urgent reinforcement

In business management, it is common to face situations where the workload increases unexpectedly, and the need to temporarily extend the working day becomes an immediate solution. However, extending the daily workday of your employees without proper planning can lead to overtime pay, which increases labor costs. Fortunately, the law allows an alternative, the irregular distribution of the working day. Here’s how to apply it correctly to prevent those additional hours from being considered overtime.

Irregular distribution of the working day can be a solution

Spanish law allows companies to distribute irregularly up to 10% of their employees’ annual working hours, provided that there is no prior agreement regulating this matter differently. This irregular distribution allows the company to adjust working hours according to production needs, without incurring overtime payments, provided that the additional hours are compensated with rest within the following 12 months.

For example, if the annual working day according to the collective labor agreement is 1,750 hours, the company could have 175 hours (10%) to distribute them irregularly according to its needs. This means that it could require its employees to work an additional hour a day for a few weeks to cover an increased workload. However, it is crucial to remember that these additional hours must be compensated with equivalent breaks within a maximum period of 12 months.

Limits and conditions to be observed

It is important to bear in mind that, although the law allows this flexibility in the distribution of the working day, there are certain limits that must be respected:

1. At least 5 days’ notice. Workers must be informed at least five days in advance of any change in the working day resulting from the irregular distribution. This notice must be in writing, indicating both the extension of the working day and its subsequent compensation.
2. Respect for rest periods. The minimum daily and weekly rest periods established by law must be respected to ensure safe and healthy working conditions.
3. Daily rest: Between the end of one day and the beginning of the next, there must be a minimum of 12 hours of rest.
4. Maximum daily duration: The daily working day may not exceed 9 hours unless there is an agreement by collective bargaining agreement or between the company and the workers’ representatives.
5. Timekeeping: In order to correctly apply the irregular distribution of working hours and avoid penalties, it is essential to document all hours worked in a time record.
6. Compensation: The irregular distribution of the working day implies compensation in the form of days with fewer working hours, which the worker must enjoy within the following 12 months.
7. Weekends and holidays: Irregular distribution does not allow work hours to be moved to non-working days, such as Saturdays, Sundays or holidays, unless the workday of the workforce is agreed to include those days.

It is important to review the collective bargaining agreement applicable in your company as it may establish specific conditions for the irregular distribution of working hours, such as a percentage different from 10% or a notice period higher than the legal minimum.

Using irregular working hours can be an efficient solution to manage peak workloads without increasing the costs associated with overtime pay.

Can irregular working hours be a solution in your company? Do you need help?

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