{"id":1069,"date":"2020-05-05T10:29:14","date_gmt":"2020-05-05T08:29:14","guid":{"rendered":"https:\/\/entretramites.com\/en\/?page_id=1069"},"modified":"2023-11-08T20:29:35","modified_gmt":"2023-11-08T19:29:35","slug":"extra-hours-agreement","status":"publish","type":"page","link":"https:\/\/entretramites.com\/en\/downloadables\/work-contracts\/extra-hours-agreement","title":{"rendered":"Complementary Hours Agreement Form"},"content":{"rendered":"\n

Download the Complementary Hours Agreement<\/strong> official form in pdf format from the Ministry of Labor, Migration and Social Security. <\/p>\n\n\n\n

Supplementary hours are the extra hours<\/strong> that a worker with a part-time contract <\/strong>may work. They are hours agreed in writing between the employee and the company<\/strong>.<\/p>\n\n\n\n

The main advantage of Complementary hours<\/strong> for employers is that they allow them<\/strong> to respond to production peaks without increasing the number of employees. The employee, for his part, maintains his part-time schedule<\/strong>, but at certain times, previously agreed, he will work more hours than those included in his initial contract.<\/strong><\/p>\n\n\n\n

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Download form here<\/a><\/div>\n<\/div>\n\n\n\n

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\u00bfWhat are the requirements for this agreement?<\/strong><\/h3>\n\n\n\n

One of the requirements established by law to formalize the execution of this agreement <\/strong>is that in the labor contract <\/strong>signed between the employee and the employer, it’s established that the employee’s working hours must be partial<\/strong>, not more than 40 hours and not less than 10 hours <\/strong>per week.<\/p>\n\n\n\n

\u00bfHow much should complementary hours be paid?<\/strong><\/h3>\n\n\n\n

The employee must be paid as if they were ordinary hours<\/strong>, without the need to establish a higher remuneration.<\/strong><\/p>\n\n\n\n

\u00bfWhat is the difference between complementary hours and overtime?<\/strong><\/h3>\n\n\n\n

In the first place, overtime is normally voluntary<\/strong>, except in the case of force majeure and unless otherwise agreed by the parties<\/strong>, in which case it will be mandatory<\/strong> and the employer will be entitled to penalize the employee for non-compliance<\/strong>.<\/p>\n\n\n\n

In addition, overtime must be compensated in a specific manner<\/strong>, which will consist of either an economic value, as a minimum of the ordinary hours, or with a paid rest period equivalent<\/strong> to the overtime hours worked<\/strong> by the employee.<\/p>\n\n\n\n

On the contrary, complementary hours are an agreement between the parties<\/strong>, so it can’t be said that they are voluntary. However, non-compliance by the employee will not give rise<\/strong> to the application of a penalty.<\/p>\n\n\n\n

In addition, the remuneration of the same must be equal<\/strong> to the value of the ordinary hours<\/strong> performed by the employee, without the possibility of compensating <\/strong>them with rest.<\/p>\n\n\n\n

\u00bfOn what grounds can the employee waive the supplementary hours pact?<\/strong><\/h3>\n\n\n\n

The employee may waive this agreement provided that he\/she notifies the employer <\/strong>with a minimum of 15 days’<\/strong> notice, and a minimum period of one year<\/strong> has elapsed since the agreement<\/strong> was entered into and the following causes are present<\/strong>:<\/p>\n\n\n\n