Employer Directorial Powers and Workplace Mobility Rights

The Power of Direction

Decisions concerning the organization of production, general management of labor, and the content of work performance include:

• Organization of working time (hours, shifts, part-time contracts)
• Determining the place of work
• Changes in organizational control and surveillance powers
• Disciplinary powers and penalties
• Police powers

Limits: Constitutional rights, employment law, labor contracts, and collective conventions.

Functional Mobility

The employer has the faculty to instruct the worker unilaterally, without consent, to perform tasks outside their recognized professional group or job description to adapt work to the organizational needs of the company.

1. Internal Mobility

This occurs within the same professional group or equivalent professional categories. It requires no causal justification, no specific formalities, and is not subject to time limits. The only constraint is that functions must correspond to the same professional group or equivalent.

2. External Mobility

This involves functions that do not correspond to the same professional group or equivalent professional categories. It requires technical or organizational reasons and must be for a limited time. Types include:

• Downward: Guaranteed remuneration.
• Upward: Differential remuneration and wage guarantee.
• Extraordinary: Not classifiable in the above categories.

Geographic Mobility

This involves a change to a workplace or center other than the usual one, requiring a change of residence. Exception: Parties have agreed to the rendering of services in mobile or itinerant workplaces.

Requirements: Contracts relating to business and the existence of economic, organizational, or production techniques. It should contribute to improving the company's situation.

Assumptions

1. Permanent Transfer (Traslado)

Implies a permanent change of residence. Categories include:

• Individual: Requires reporting the worker and legal representatives 30 days in advance.
• Collective: Requires a consultation period, notice of the final company decision 30 days prior, and options for dissenting workers.

2. Temporal Displacement

Requires workers to reside in a different population from that of their habitual residence for a temporary period.