Labor Contract Modifications, Suspensions, and Termination Rules

1. Modifications to Working Conditions

1.1 Functional Mobility

• Horizontal: Lateral movement within the same professional category.
• Vertical (Ascending): Promotion to a higher wage category. If the position is held for 6 months in 1 year or 8 months in 2 years, the employee may claim a permanent salary increase.
• Vertical (Descending): Movement to a lower category due to urgent, unforeseeable reasons. The employer must inform employee representatives.

1.2 Geographic Mobility

• Temporary Displacement: If exceeding 3 months within a 5-year period, the employee is entitled to travel expenses and per diems. If exceeding 3 months, the employee has the right to 4 days of leave every 3 months. Must be justified by economic, technical, or organizational reasons.
• Permanent Transfer: Requires 30 days' notice. The employer must justify the move based on economic or technical grounds.

1.3 Substantial Modifications

Includes changes to work schedules, shift systems, remuneration, performance systems, or functions exceeding functional mobility limits.

Requirements for Mobility

The employer must provide economic, technical, or organizational justification to improve company performance. They must provide 30 days' notice and report to employee representatives.

Employee Alternatives

• Accept the changes.
• Appeal to the labor court.
• Terminate the contract (with 20 days' salary per year of service, capped at 9 months).

2. Contract Suspension

Common grounds for suspension include:

• Mutual agreement or valid contractual clauses.
• Temporary incapacity (illness/injury).
• Maternity, paternity, and adoption (16 weeks for maternity, 13 days for paternity).
• Risk during pregnancy and breastfeeding.
• Exercise of representative public office.
• Disciplinary remand.
• Temporary force majeure or economic/technical causes (requires ERE procedure).
• Leave of Absence:
  • Forced: Employer must reserve the position.
  • Voluntary: Requires 1 year of seniority. Duration between 4 months and 5 years. No automatic right to reinstatement.
  • Family Care: Up to 3 years for children (1st year with job reservation); up to 2 years for family members up to the 2nd degree.
• Legal strike, business closure, or victims of domestic violence.

3. Contract Termination

• Expiration: End of the agreed-upon time or worker resignation.
• Objective Dismissal:
  • Ineptitude or lack of adaptation.
  • Amortization of job positions.
  • Absenteeism (20% of working days in 2 consecutive months or 25% in 4 months within a 12-month period).
  • Budgetary non-compliance.

Note: Objective dismissal requires 30 days' notice and severance of 20 days per year of service (capped at 12 months).