Employee Mobility and Workplace Changes in Spain

Functional Mobility

Functional mobility occurs when an employee is assigned duties or tasks other than those initially assigned in their contract. This situation should not result in a loss of professional status or salary. It requires specific technical or organizational reasons. There are two types of functional mobility:

• Descending: Assignment to tasks corresponding to a lower professional category.
• Ascending: Assignment to tasks corresponding to a higher professional category.

Geographical Mobility

Geographical mobility occurs when a worker, within the same company, is transferred to another workplace, requiring a change of address. The company must justify this based on technical, economic, organizational, or production reasons.

Transfer vs. Displacement

• Transfer: Occurs when the worker moves to another workplace indefinitely or for a period exceeding 12 months within a 3-year period, representing a change of residence.
• Displacement: Occurs when the relocation is for less than 12 months.

Types of Transfers

• Individual or Collective Transfer: If the worker does not accept the transfer, it can lead to the termination of the employment relationship. This generates entitlement to compensation of 20 days' pay per year worked, up to a maximum of 12 months.
• Displacement: For every 3 months of displacement, the worker is entitled to 4 days of leave at their previous home (excluding travel days).

Substantial Changes to Working Conditions

These are changes affecting:

• Workday and schedule
• Shift work system
• Pay systems
• Work systems and performance
• Changes in duties (that are not cases of functional mobility)

These changes require the company to demonstrate economic, technical, organizational, or production reasons that justify the modifications. Although differentiation can be complex, there are two main types:

• Individual
• Collective

Suspension of Employment Contract

This involves the interruption of the contract for a certain time without terminating the employment relationship. It entails the temporary cessation of the main obligations of both parties: to work and to remunerate labor.

Causes of Suspension

• Joint Will: Mutual agreement of the parties, with conditions validly assigned in the contract.
• Unilateral Will:
  • Legal closure of the company.
  • Suspension without pay for disciplinary reasons.
  • Unpaid leave of the worker.
  • Leave for public office.
• Reasons of health and care of children and families.
• Legal reasons.
• Reasons that prevent the operation of the company.

Causes of Disciplinary Dismissal

• Repeated and unjustified absences or tardiness.
• Indiscipline and disobedience at work.
• Verbal or physical insults to the employer, colleagues, or their family members.
• Transgression of contractual good faith or breach of trust.
• Steady, voluntary decrease in normal or agreed work performance.
• Habitual drunkenness or drug addiction.
• Racial or ethnic harassment.