Please use this identifier to cite or link to this item: http://hdl.handle.net/10609/148156
Title: Análisis del derecho de adaptación de condiciones de trabajo previsto en el art. 34.8 del TRLET
Author: Gregori Gonzalez, Alba
Tutor: Solà Monells, Xavier  
Abstract: This TFM deals with the analysis of the right to adapt working conditions, regulated in art. 34.8 of the TRLET. This is a mechanism powered by RDL 6/2019, which allows workers to request those adaptations to the working day that they consider appropiate to make effective their right to the conciliation of family and work life. The most common adaptations usually requested by workers are the adaptation and distribution of the working day, the organization of working time and the way it is carried out, the provision of remote work and the request for a change of work center. Case law determines, in relation to the precept analyzed, that the adaptations requested by the workers must be reasonable and proportionate in terms of the needs of the requesting worker and in relation to the organizational and productive needs of the company. Therefore, the reasons for the need to adapt working conditions must always be sufficiently justified, as well as the reasons for the decisions adopted by the companies. It is convenient, as regards the procedure for requesting the adaptation, that there should be an agreement on the terms of the exercice of the adaptation of the working day in collective bargaining, without there being any discrimination between workers. It is understood, in this respect, that collective negotiation is the general rule but, if not, the individual negotiation between the company and the employee must be followed. In the case of discrepancies between the worker and the company, the procedure of the exercice of the adaptation of working conditions to make effective the right to conciliation of personal, family and working life, in judicial proceedings, is regulated in art. 139 of the LRJS, in which it is noted that it will be urgent, and, for this reason, it will have preferential processing. Finally, the fourth paragraph of art. 34.8 of the TRLET is of vital importance, since it evidences the right to return to the previous situation, that is to say, the right of the worker to request reincorporation to the working day or type of contract that the worker and before requesting it and, consequently, to obtain the conciliation adjustment.
Keywords: Gender studies
right to adaptation
working hours
right to conciliation
gender equility
teleworking
collective negotiation
conventional regulation
right of return
Document type: info:eu-repo/semantics/masterThesis
Issue Date: 14-Jun-2023
Publication license: http://creativecommons.org/licenses/by-nc-nd/3.0/es/  
Appears in Collections:Treballs finals de carrera, treballs de recerca, etc.

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