Understanding Workplace Changes and Employee Rights
Changes in Job Functions
Changing job functions for a certain period is possible. This functional change is temporary. The employer can make changes unilaterally, without anyone’s consent. The employer is free to modify the service, provided that the worker does not experience a reduction in wages.
There are two categories:
- Category Below: The change is temporary, and pay is not reduced. The salary pay level is maintained. There is a limitation: salary is charged for each category.
- Category Superior: The worker is entitled to the salary of the position actually occupied. The person is entitled to training and a degree. A promotion may be required after 6 months to 1 year, or 8 months to 2 years, depending on the position.
Geographical Mobility
Geographical mobility allows an employer to move an employee to a different workplace due to economic causes. This represents a change of residence on a temporary or permanent basis.
Moving
A move involves a change of residence. The work is moved to another location, implying a change of residence for a temporary worker for an indefinite period exceeding 12 months within 3 years.
There are two types of transfers:
- Individual: The employer must notify the employee of the transfer with 30 days’ notice. This results in a change of permanent residence.
- Options:
- Accept: The employer is obliged to pay the costs of residence and relocation.
- Not accept: The employee can go to court to contest the legality of the transfer. They will be compensated with 20 days of salary.
- Not accept and terminate the contract: The employee is entitled to collect unemployment benefits.
- Group: The move affects the entire workforce. It must be negotiated 15 days in advance.
- Group Move Criteria: If a center has more than 5 workers, or if the move affects the entire center, it applies to:
- 10 workers in firms with fewer than 100 employees.
- 10% of the workforce in companies with 100 to 300 workers.
- 30 workers in companies with 300 employees or more.
Options for group moves are the same as for individual moves.
Displacement
Displacement is a change in the workplace that does not exceed 12 months in 3 years. It must be notified in advance and in writing, with 5 days’ notice if the movement lasts more than 3 months.
Options:
- Accept: The employer is obliged to pay the costs of residence and relocation.
- Not accept: The employee can go to court to contest the legality of the transfer. They will be compensated with 20 days of salary.
- Accept and terminate the contract: The employee is entitled to collect unemployment benefits.
Changes to Working Conditions
The company may modify the following matters agreed upon in the employment contract:
- Workday
- Schedule
- Shift work system
- Remuneration system
- Work and pay system (money, receivable day; the day may be delayed or changed)
- Functions
If the worker is affected by the modification of the terms of the contract, they are entitled to an allowance of 20 days per year, with a maximum of 9 monthly payments.
Suspension of Employment Contract
Voluntary Causes
- The Worker:
- Strike
- Exercising public office: The employee retains their position until 30 days after the completion of their mandate.
- The Employer:
- Lockout
- Suspension without pay: This is the implementation of the employer’s disciplinary power.
- Bilateral Causes:
- Reasons mentioned in the labor conflict.
- Causes recorded in the labor dispute.
- Causes agreed upon by mutual agreement.
Involuntary Causes
- Deprivation of Liberty (as long as there is no conviction): This applies while awaiting trial for a person in jail.
- Acquittal: An innocent person without deprivation of liberty rejoins their job.
- Temporary Force Majeure: The contract is suspended due to an unpredictable and unavoidable event that prevents the delivery of business services. Permission from the permanent labor authority is necessary to suspend the contract.
- Mandatory Personal Allowance (PSS): During the period a worker is required to be a juror or be at a polling station, their employment contract is suspended. The employer cannot terminate the contract.
- Provisional Invalidity: This is when a worker is suffering from an illness or has suffered an accident that precludes them from working and requires healthcare. The shelf life is 12 months, extendable by 6 months. During temporary disability, the employee does not receive a salary but a benefit paid by social security.
- Technical, Economic, Organizational, and Production Causes: The contract is suspended when the competent labor authority declares the existence of technical, economic, organizational, or production reasons. The employee is entitled to unemployment benefits during the suspension. After the cause of the suspension is resolved, the employee returns to work.
Exceedance (Leave of Absence)
Exceedance is the right of workers to temporarily stop working and return to the company after a stipulated period.
- Active Status: Permission is given to a worker who is grading or appointed to hold a public office at the local union level or higher, preventing them from working.
- Voluntary Leave of Absence: The employee has the right to re-enter the company if there is a vacant position equal to or similar to their previous category. It is not necessary to allege any reason. The maximum duration is 5 years. No salary is paid, but the job is reserved. The employee must have worked for 1 year to request leave. To request another leave, 5 years must have passed since the previous one.
- Leave for Family Care: The employee has a leave period not exceeding one year for family care up to the second degree of affinity or inbreeding due to age, illness, or accident. It also applies to children under 3 years old. No salary is paid, but the employee has the right to reserve their job during the first year.