Substantial change of working conditions

In this blog of Mercury Abogados in Marbella we are going to see the substantial change of working conditions, as set forth in Article 41 of the Workers' Statute (Estatuto de los Trabajadores in Spanish).

According to the aforementioned Article, substantial modifications are considered to be those that fall, among others, within the following matters:

 Working day.

 Working hours and distribution of working time.

 Shift work regime.

 Remuneration system and salary amount.

 Work and performance system.

 Functions, when they exceed the limits for functional mobility.

The employer can make such modifications when there are justified economic, technical, organizational or production reasons. These may affect both conditions agreed in contracts, agreements or collective agreements or enjoyed by unilateral decision of the employer of collective effects.

The individual modification must be notified to the affected worker and his legal representatives at least 15 days prior to its effective date.

In letters a), b), c), d) and f), if the employee is adversely affected by the modification, the employee may terminate the contract and receive an compensation of 20 days' salary per year, with a maximum of 9 months.

If the employee does not wish to terminate the contract, but does not agree with the modification, the employee may challenge it in court. The judgment will declare the modification justified or unjustified. In the latter case, the employee must be reinstated in his previous conditions.

As you can see, the substantial modification of working conditions can have important consequences on your rights, so we recommend that you contact our expert employment lawyers at Mercury Abogados in Marbella for more information.

Also, do not hesitate to contact our Law Firm in Marbella if you have any questions about employment matters or even to advise you on any other matters. Our expert lawyers would be delighted to assist you.