Substantial Changes in Working Conditions and Labor Rights

Substantial Changes in Working Conditions

Because the company may introduce substantial changes in working conditions, it is essential that these serve to improve the company's market position. These changes must originate from proven economic, technical, organizational, or production reasons. Therefore, the law excludes the possibility of making such changes for capricious reasons that respond merely to the employer's will.

Non-Substantive Collective Changes

The decision to substantially modify working conditions must be notified to the person concerned and their legal representatives at least 30 days before the date it becomes effective. If the worker decides to remain but shows disagreement with the employer's decision, they may challenge it before a competent judge, who will determine if the modification is justified or unjustified.

Collective Substantial Changes

The decision to perform modifications of a collective nature must be preceded by a consultation period with employee representatives of no less than 15 days. If the employee feels harmed by the substantial change, they may terminate their contract and receive compensation of 45 days per year of service, with a maximum of 42 monthly payments. They cannot simply break a contract; they must use the social courts.

Characteristics of Disciplinary Power

• Limits: What cannot be done.
• Definition: What is considered punishable is regulated by the collective agreement.
• Gradation: Faults are categorized as minor, serious, and very serious.
• Notification: For serious and very serious faults, the employee must receive written notification with the date, description of facts, and misconduct.
• Proportionality: The punishment should be proportionate to the misconduct.
• Intent: The worker's non-compliance must be negligent or deliberate.
• Union Representation: If the worker is a union representative, a disciplinary procedure file must be opened, including an interview for their defense.
• Sanctions: May include a formal reprimand, suspension of salary and employment, or disciplinary dismissal.

Limits of Disciplinary Power

Fines are prohibited; no amount can be deducted from the salary. Furthermore, holiday or rest time cannot be reduced.

Prescription of Faults and Penalties

• Minor faults: 10 days from the employer's knowledge.
• Serious faults: 20 days from the employer's knowledge.
• Very serious faults: 60 days from the date the employer became aware of the facts.
• General limit: Any fault expires 6 months after it was committed.

Functional Mobility and Jus Variandi

Functional mobility is an expression of Jus Variandi. It consists of the employer's ability to unilaterally modify the functions assigned to the worker. These functions may be higher or lower than the reference occupational group.

If, as a result of functional mobility, the employee performs functions of a higher range than their professional group or equivalent category for a period exceeding 6 months within a year, or 8 months within two years, they may claim a promotion.