Download the Complementary Hours Agreement official form in pdf format from the Ministry of Labor, Migration and Social Security.
Supplementary hours are the extra hours that a worker with a part-time contract may work. They are hours agreed in writing between the employee and the company.
The main advantage of Complementary hours for employers is that they allow them to respond to production peaks without increasing the number of employees. The employee, for his part, maintains his part-time schedule, but at certain times, previously agreed, he will work more hours than those included in his initial contract.
¿What are the requirements for this agreement?
One of the requirements established by law to formalize the execution of this agreement is that in the labor contract signed between the employee and the employer, it’s established that the employee’s working hours must be partial, not more than 40 hours and not less than 10 hours per week.
¿How much should complementary hours be paid?
The employee must be paid as if they were ordinary hours, without the need to establish a higher remuneration.
¿What is the difference between complementary hours and overtime?
In the first place, overtime is normally voluntary, except in the case of force majeure and unless otherwise agreed by the parties, in which case it will be mandatory and the employer will be entitled to penalize the employee for non-compliance.
In addition, overtime must be compensated in a specific manner, which will consist of either an economic value, as a minimum of the ordinary hours, or with a paid rest period equivalent to the overtime hours worked by the employee.
On the contrary, complementary hours are an agreement between the parties, so it can’t be said that they are voluntary. However, non-compliance by the employee will not give rise to the application of a penalty.
In addition, the remuneration of the same must be equal to the value of the ordinary hours performed by the employee, without the possibility of compensating them with rest.
¿On what grounds can the employee waive the supplementary hours pact?
The employee may waive this agreement provided that he/she notifies the employer with a minimum of 15 days’ notice, and a minimum period of one year has elapsed since the agreement was entered into and the following causes are present:
- Attention to family responsibilities
- Training needs
- Incompatibility with other part-time job
Applicable legislation
- Royal Legislative Decree 2/2015 of October 23/2015, approving the revised text of the Workers’ Statute Law.
For more information, you can consult the following contents:
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