Art. 26.3 Change of schedules

Article 26.3 of the collective agreement establishes rules on how the company can change the working hours within the time bands of this or agreed with the representatives of the workers:

Companies will publish work schedules at least 14 days before the start date of such schedules. In those companies where the publication of the schedule is monthly, only the schedule corresponding to the first week may be published 7 days in advance.

Only the schedules, within the fixed bands, a maximum of 20% of the staff, with a week in advance, may be modified.

For this purpose, this 20% of the staff must be informed of said circumstance at the date of publication of the schedules and shall be determined on a rotating basis. Therefore, the personnel that have been included in this percentage will not be able to appear again until all the personnel of the campaign in that percentage have been included. If it occurs, the modification of the schedule will be notified in writing to the worker.

The companies on a monthly basis will provide the union representation with the nominal list of work schedules, as well as the details of the subsequent modifications and the list of the personnel designated to cover the modifications in each period.

In the cases in which the campaign or service is of reception, and it is initiated for the first time, during the first month, and within the indicated bands, the schedule will be known with a minimum advance of forty-eight hours.

In the cases in which the campaign or service has originally established an execution schedule that does not allow the use of shifts and fixed time bands, the company, with prior accreditation of the objective fact, may agree with the legal representation of the workers the establishment of different bands. This agreement must be reflected in any case in writing.

By collective agreement with the legal representation of the workers, which will be recorded in writing, the established time bands may be extended.

By agreement with the legal representation of the workers, whose agreement shall be in writing, rotating shifts may be established under the provisions of article 36.3 of the Workers' Statute.

If by a company the extension of the time bands established in the Agreement was demanded, according to special needs argued, and collective agreement had not been reached with the legal representation of the workers, that or these may request the mediation of the Joint Commission of interpretation of the Convention.

If you want to know more, contact us.

You can also follow us on Facebook: Click here