The right to the adaptation of working hours and the form of provision under Article 34.8 of the Workers' Statute (ET) when the dependent is a son or daughter over 12 years old

Abstract

The right to the adaptation of working hours contemplated in Article 34.8 of the Workers’ Statute (ET) is analysed, focusing on requests related to the care of children over twelve years old following the reforms introduced by Royal Decree-Laws 6/2019 and 5/2023. Through a jurisprudential study, the controversies related to the interpretation and application of this provision are examined, identifying how courts assess care needs and the conditions required to justify such requests. Discrepancies in judicial rulings and the importance of consolidating uniform criteria to reduce legal uncertainty are highlighted. Finally, the role of collective bargaining in clarifying and expanding these rights is emphasized.