Hi all,

I am currently working in a company that, i feel, has some stainge practices when it comes to their contracted hour extentions. I may be completely wrong in which case sorry for a pointless post.

The contracts offered are “Obra servico” which to my knowledge means you have employment for the length of the projects life span, be it a week or 5 years. These contracted hours are, say 20 per week. Now because employees work 39hours per week they are given a Contract extention of 19hours covering the 39 they have worked. These extention happen on a weekly basis and need to be signed by all employees. Social security is paid at roughly 7-11% (dependant on employees circumstances..)and all hours worked show on the Nomina as 39.

I dont know if this in itself is a strainge set up… but my question is this, can the company reduce an employees hours below the contracted hours on the “Obra” of 20 to say 5 or 10 hours? This would be with another extention letter only now a reduction, again signed by the employee. By going about it this way, the employee cannot live on the income and is cornered to hand in a resignation letter.  To me this is obviously a Finiquito dodge by the company on the charge of what it is to fire an employee here in spain. The problem for the employee is now, either hand in a resignation letter (voiding any benifts now their out of work by their own choice), or live on an income from 5 hours a week untill other employment is found.

Does anyone know if this is Legal? Ive looked and spoken to many people but cannot get a definitive answer, if anyone could shed some light it would be much appreciated.

Kind regards
new member..