Employment Contract Modifications and Suspensions

1. Modification of Employment Conditions

Non-substantial modification of the conditions of work: Employers can make minor changes freely through the business ius variandi.

Substantial Working Condition Changes

Substantial changes to working conditions are those that alter and transform the employment relationship because they affect:

• Working hours and schedules
• Shift work systems
• Pay systems
• Working systems and performance features that do not correspond to the professional category

Types of Substantial Changes

• Individual: Changes to working conditions enjoyed by workers individually.
• Collective: Modifying the conditions accorded to workers under an agreement or conditions that affect a specific percentage of workers within a company within 90 days.

Notification and Deadlines

The employer notifies the employee of the decision unilaterally. The notification must be performed at least 30 days in advance.

Effects and Employee Options

The employee can:

• Accept the amendment.
• Oppose the measure and take any of the following three decisions: request termination of the contract, request judicial resolution of the contract, or challenge the business decision in court.

Collective Amendments

Notification: If no agreement is reached after the consultation period, the employer shall notify their decision on the amendment.

Terms: A decision regarding a substantial change must be preceded by a period of consultation with employee representatives of no less than 15 days.

Effects: These are the same as those for individual modifications.

2. Functional Mobility

Functional mobility occurs when the employer asks the worker to perform functions other than those done routinely.

• Functions of the same professional category: The employer can freely change the worker from one job to another.
• Functions of a different professional category: The employer can change the worker to another job to perform functions of a different category.

3. Suspension of the Employment Contract

The suspension of the employment contract is the interruption of work for a specific duration, which suspends the obligation to work and the payment of wages.

Causes of suspension: Mutual agreement between the employer and the worker, temporary disability, maternity, adoption, pregnancy risk, etc.

Leave of Absence

A leave of absence is a special case of suspension of the employment contract.

Types of Leave

• Active Status: Gives the right to the conservation of the job and counts toward seniority purposes.
• Voluntary Leave: Can be requested by a worker with at least one year of seniority in the company. It must be applied for a minimum of 4 months and a maximum of 5 years. It is not counted for seniority purposes, and the job is not retained.
• Leave for Child Care: Employees are entitled to a period of leave of no more than 3 years to care for each child. This is computed for seniority, and the workplace is reserved during the first year.
• Leave of Absence for Family Care: Employees have a period of leave of up to two years unless a longer period is set by collective bargaining. This reserves the workplace.