ADAPTABILITY SCHEME

» Concept

Adaptability, or working time schedule variability, consists of the possibility to define the normal working day time in average terms

By adopting adaptability, the public employee may perform more daily working hours on a determined period of time, provided that in another period of time he/she performs less, in order to, in the reference period and in average terms, comply with the normal work period

» Regime

Patterns and Limits

Presently, the Labour Code sets three adaptability patterns:

a) Adaptability set by collective labour regulation
It is set by collective labour regulation instrument
In the scope of this pattern, the normal daily work time may be expanded up to 4 hours and the weekly work time may reach 60 hours
These wekly limits do not include supplementary work performed grounded on force majeur
When applying this adaptability scheme the normal weekly work time shall not exceed an average of 50 hours on a 2 months period

b) Individual adaptability
It depends upon the public employee’s agreement. The agreement is made in writing, following a written proposal from the public employer and acceptance is presumed if a refusal in writing is not presented by the public employee, within a time limit of 14 days
By the present agreement an increase of the normal daily working time up to 2 hours may be expected as well as an increase up to 50 hours of the weekly working time. These increases do not take into account supplementary work performed grounded on force majeur

c) Group adaptability (or by extension)
It is set by the public employer in two distinctive situations:

- In the scope of adaptability set by collective labour regulation
The collective labour regulation instrument that fixes the adaptability scheme may provide for the possibility of the public employer to apply the agreement to all public employees on a team, section or organic unit if, at least, 60% of public employees in that structure are covered by it
However, even if the agreement provides for such possibility, the adaptability scheme may not be extended to public employees covered by collective labour regulation instrument providing otherwise; nor to public employees represented by trade unions that have given notice of opposition to the collective labour regulation instrument exthension

- In the scope of individual adaptability
Should the agreement proposal be accepted by, at least, 75% of public employees on a team, section or organic unit to whom it was addressed the public employer may aplly the same scheme to all public employees within that structure
It shall not be extended to public employees covered by collective labour regulation instrument providing otherwise

Release

The public employee is entitled to be released from performing activity, on an adaptability regime, in cases of pregnancy, public employee who has recently given birth or is breastfeeding, student-worker

Appointed staff

To appointed public employees shall only be applied individual adaptability, following a proposal by the public employer and accepted by the public employee and group adaptability in the scope of individual adaptability

» Compensation

In the situation of adaptability, it is considered that the worker is fulfilling the normal period of work that is the reason for which there is no change of the amount of the compensation