Substantial change in working conditions and geographical mobility
Substantial changes in working conditions are those that can affect workers both individually and collectively.
In both cases, the company can carry out modifications of the working conditions when there are economic, technical, organizational or production reasons. A distinction can be made between changes that affect the working day, working hours and working time arrangements, the system of remuneration, work and performance systems, and the regime of shift work.
The changes must be notified to the worker concerned and also to his or her legal representatives within the time limits established by law, which is 15 days before the date of effectiveness.
The workers may accept these conditions or terminate their employment relationship and are entitled to the corresponding compensation. If it is decided not to end the employment relationship, the substantial modification(s) may be challenged before the competent jurisdiction.
On the other hand, in companies, the geographical mobility can also take place due to the transfer of the worker to another centre in a different location and which implies a change of residence.
It is important to distinguish between a transfer and a posting. A transfer involves a change of habitual residence for a period of more than three months, whereas a geographical mobility should not exceed 12 months over a period of three years.
The reasons for such mobility, as well as substantial changes in working conditions, shall be economic, technical, organisational and production-related.
Movements may also be of an individual or collective nature. Workers shall also have the option of accepting mobility or having the employment relationship terminated, in the former case being able to contest the decision without prejudice to its enforceability within the prescribed time limit.
At Letslaw, we carry out a detailed study of each of the cases that are presented in order to find the best solutions for all these cases that require a knowledge of both legislation and case law.
If you have any doubts about the relocation your company has carried out, do not hesitate to contact us for immediate and personalised legal advice so that we can evaluate and analyse the requirements, consequences and possibilities for each of the parties.