Employment Contract Amendments: Labor Mobility Rules

Amendments to the Contract of Employment: Labor Mobility

I. Functional Mobility

This involves the employee performing duties other than those specified in the contract. It must develop without affecting the dignity of workers while maintaining their training and career development.

Labour Mobility and Functional Changes

• Geographical Mobility: A worker carries out their work in places other than those named in the contract.
• Functional Mobility: Develops while maintaining training and career development. The employee continues to charge the higher salary category.

Mobility Outside the Professional Group

The following distinctions apply when moving outside the established professional group:

Functions of a Higher Grade

1. The employee attains a higher degree (2º).
2. They collect wages corresponding to the higher category.
3. They can ask for promotion after performing these duties for 6 months in one year, or 8 months in two years.

Functions in a Category Below

• Technical and organizational reasons must exist to justify the mobility.
• It must occur only for as long as required, based on compelling and unpredictable reasons.
• The employee continues to claim the salary for which they were originally hired.

Within the Professional Category or Group

If the change is within the same category or group, specific corresponding degree requirements may not apply.

II. Geographic Mobility

A. Transfers (Permanent Change of Residence)

Features: Worker's transfer to another facility that involves a change of residence.

• Causes: Economic, technical, or other reasons must justify the transfer.
• Procedure: A written report must be issued within 30 days detailing why the employee should be moved. Collective transfers initiate a consultation period with employee representatives lasting 30 calendar days.
• Worker Options:
  1. Accept the transfer: The employee shall be paid an amount for personal and family expenses.
  2. Appeal: Moving and appealing the decision before the social court.
  3. Contract Termination: Breaking the contract, indemnified at 20 days per year of service, up to 12 monthly installments.

B. Temporary Displacement (How to Navigate)

Features: Temporary transfer of a worker to another facility. If the displacement lasts 12 months within a 3-year period, it is considered a permanent move.

• Procedure: Notification of the transfer must be given to the employee within 5 working days if the displacement is expected to last more than 3 months.
• Worker Options:
  • Accept the movement: Entitles the worker to time off (4 days at home) for every 3 months of travel.
  • Appeal: Moving and using appeal rights, similar to those in permanent transfers.