Workers have the right to reduce their working hours between one eighth and half for the care of their children under twelve years old. That is, this reduction for legal guardianship can last for several years, as it can be enjoyed until the child turns twelve. Well, if your company needs to cover the hours left by a person exercising this right, it can hire a substitute through a substitution contract. For these purposes:

• The most common assumption for using the substitution contract is to replace a person with the right to job retention; for example, a worker who starts a temporary disability or a female worker who is in a maternity situation (birth and care of a minor).

• However, it can also be used to cover the hours left by a person exercising their right to reduce working hours for legal guardianship. In this type of contract, there is no predetermined maximum duration. The contract can be maintained as long as the right to reduce working hours exists. Therefore, it is not unusual for some substitution contracts to be extended for several years.

If a company uses this contract, it must correctly identify the specific reason for the substitution and the person being replaced. A generic wording of the reason in a temporary contract implies that the contract has been entered into in fraud of law. In practice, this means that it may be considered indefinite and that the Inspection may impose a fine of 1,000 euros for each contract fraudulently entered into.

Furthermore, it is important that, during the hiring of the substitute person, the hours worked coincide with the hours that the replaced person stops working, and that this schedule is maintained throughout the employment relationship.

If the female worker returns to her full working hours or leaves the company, the substitution ceases to make sense and, therefore, the company must terminate the substitution contract.

 

 

Our professionals will inform you about any questions you may have regarding the substitution contract.