Work Schedule Adaptation in Spain 2026: How to Request It and Deadlines

If you need to adjust your work schedule to better balance your professional and personal life, this article is for you. We invite you to contact Fernanda Vargas via WhatsApp or book an appointment through Calendly if you have any questions or need personalized advice.

1. What is the work schedule adaptation under Article 34.8 and why is it called a “made-to-order schedule”?

Article 34.8 of the Workers’ Statute grants employees the right to request adjustments to the duration and distribution of their working hours without affecting their salary. Commonly referred to as a “made-to-order schedule,” this right is designed to facilitate a better work-life balance by allowing workers to tailor their schedules to meet personal and family needs.

2. What can be requested: hours, distribution, shifts, and remote work

The work schedule adaptation covers various aspects of working hours. You can request changes in:

  • Work start and end times: Adjust the times at which your work begins or ends.
  • Hourly distribution: Reorganize your working hours across the day or week.
  • Shift arrangements: Adapt shift assignments to better suit personal needs.
  • Remote work: Include telecommuting as a viable option.

It is important to note that unlike the reduction of working hours under Article 37.6, adapting the schedule under Article 34.8 does not reduce your salary or social security contributions, which is especially important for those whose work record impacts benefits such as residency renewals.

3. Who can request it: children up to twelve years old and other caregiving responsibilities

This right extends to employees with family care responsibilities. Specifically, it applies to:

  • Employees with children under the age of twelve.
  • Those responsible for the care of relatives up to the second degree or dependents who require assistance due to age, accident, or illness.
  • Employees who care for a spouse or domestic partner.

This flexibility is crucial to ensuring that personal and family life can be harmoniously balanced with work obligations, all without sacrificing income or affecting contribution bases.

4. Step-by-step procedure: request submission, a fifteen-day negotiation period, and a written response

The process for requesting a work schedule adaptation is clear and structured to protect both the employee and the employer. The key steps are as follows:

  • Submission of the request: The employee must submit a written request to the HR department or management, detailing the need for changes.
  • Negotiation period: Under Royal Decree-Law 5/2023, the employer has a maximum of fifteen days to begin and conduct an individual negotiation process.
  • Written response: At the end of the fifteen days, the employer must provide a written response that either accepts the request, offers an alternative proposal, or issues a substantiated denial.

This negotiation process is not merely a formality but an essential procedural safeguard to ensure that the adaptation genuinely meets the employee’s reconciliation needs.

5. What happens if the company does not respond: the presumption of concession under Royal Decree-Law 5/2023

One of the key innovations of Royal Decree-Law 5/2023 is that if the employer fails to respond within the stipulated fifteen days, the request is deemed to have been granted by default. This presumption of concession acts as a significant safeguard for employees, ensuring that an employer’s inaction is treated as an acceptance of the request.

6. The Supreme Court Doctrine (STS 825/2025): Skipping negotiation requires granting the adaptation

The recent STS 825/2025 ruling from the Supreme Court has established an important precedent. In this case, it was confirmed that the negotiation stage is an essential element of the process. If an employer bypasses this stage by immediately denying the request without any prior negotiation, the courts are compelled to grant the adaptation, except in cases where it is manifestly unreasonable or disproportionate.

This doctrine underscores that the negotiation period is a dynamic and indispensable part of upholding an employee’s right to reconcile their personal and professional lives, emphasizing the need for employers to act in good faith and document every step of the process.

7. Differentiating adaptation (Art. 34.8), substantial modification (Art. 41), and reduction of working hours (Art. 37.6)

It is crucial to differentiate between these three legal concepts:

  • Work schedule adaptation (Art. 34.8): Adjusts the work schedule without reducing the number of hours or the salary.
  • Substantial modification (Art. 41): Refers to changes in working conditions imposed by the employer through a separate procedure, which includes advance notice and the possibility of challenge.
  • Reduction of working hours (Art. 37.6): Entails a proportional decrease in salary and social security contributions, impacting future benefits and legal statuses.

Understanding the differences between these options is essential so that both employees and employers correctly apply the appropriate legal provisions.

8. How to claim: the urgent judicial procedure under Article 139 LRJS and the twenty-business-day deadline

If the employer denies the request or offers an unsatisfactory proposal, the employee can resort to an urgent judicial procedure as established in Article 139 of Law 36/2011. This fast-track process has a twenty-business-day time limit from the date when the employee is informed of the negative response or inadequate proposal, allowing for the claim to be lodged on an expedited basis.

This legal recourse not only facilitates the enforcement of the adaptation but also opens the possibility to claim compensation for damages caused by undue delays or refusals.

9. Compensation for damages: when it applies and what the courts have granted

Court rulings, including the landmark STS 825/2025, have paved the way for employees to receive compensation when employers fail to negotiate in good faith or delay implementing the requested adaptation. The court may award significant compensation to cover damages and losses resulting from the employer’s non-compliance.

10. Foreign workers: why reducing working hours can complicate residency renewal

For foreign workers, the adaptation under Article 34.8 is especially important because it does not affect their salary or their social security contribution bases. These bases are a critical factor in the renewal of residence and work permits under current immigration regulations. In contrast, a reduction of working hours under Article 37.6 can lead to decreased earnings and lower contribution bases, complicating the renewal process.

11. A guide for companies and HR departments: how to document a good faith negotiation

For employers, it is essential to meticulously document every stage of the negotiation process. This includes keeping a written record of the employee’s request, all correspondence during the negotiation period, and the final response. Such documentation not only protects the company in potential legal disputes but also demonstrates a commitment to fair and transparent practices.

12. Sample request and essential documentation to retain

Having a well-prepared sample request can facilitate the process. A comprehensive model should include:

  • Personal and employment-related details of the requester.
  • A detailed explanation of the reasons for needing the adaptation, emphasizing work-life balance or caregiving responsibilities.
  • A clear proposal outlining the desired changes in work hours or schedule distribution.
  • Date and signature of the employee.

Retaining all exchanged documentation, including email correspondence and official communications, is advisable as evidence of a genuine and good-faith approach to the negotiation.

13. Frequently Asked Questions

Below are answers to some of the most common questions regarding the work schedule adaptation process:

  • Can I request an adaptation if I do not have children? Yes, you can request it if you have other caregiving responsibilities, such as caring for dependent family members.
  • What happens if the company does not respond within fifteen days? The request is presumed to be accepted, ensuring your right is protected.
  • Does the adaptation affect my salary? No, unlike a reduction of working hours under Article 37.6, the adaptation under Article 34.8 maintains your salary and contribution bases.
  • What should I do if my request is unjustly denied? In such cases, you may resort to the urgent judicial procedure as outlined in Article 139 LRJS to enforce your right and even claim compensation for any damages incurred.

In summary, work schedule adaptation is a powerful right that helps ensure your work and personal life remain in balance. If you need further assistance or personalized advice, do not hesitate to contact Fernanda Vargas via WhatsApp or book an appointment through Calendly.