Changes and Suspension of Employment Contracts

Substantial Changes in Working Conditions

When justified by economic, technical, organizational, or production reasons, a company may modify working conditions such as daily hours, shift work, compensation, work systems, and performance features, provided the change exceeds functional mobility limits.

These changes must be communicated to the worker and their legal representatives at least one month in advance. If the worker disagrees, they may appeal to a labor court. Collective changes require a consultation period of at least 15 days with the workers' legal representatives before the company can notify the changes to the workers.

Suspension of Employment Contract

Concepts, Causes, and Effects

Suspension of the employment contract means a temporary interruption of work performance due to specific reasons outlined in the ET (Workers' Statute). The contract is not terminated, but the worker does not attend work, and the employer is released from the obligation to pay. Once the circumstances leading to the suspension cease, the employee has the right to return to their former position with the same conditions.

Causes for Suspension

• Mutual agreement of the parties and reasons mentioned in the contract.
• Temporary disability, maternity, paternity, and adoption of children under 6 years.
• Risk during pregnancy or while nursing a child under 9 months.
• Suspension without pay for disciplinary reasons.
• Deprivation of liberty until there is a conviction.
• Strike of workers and legal closure of the company.

Surplus Types

Voluntary

When a worker (with at least one year of seniority) requests a suspension of the employment contract for a period between four months and five years. It gives the right to keep the job, but re-entry is subject to a vacancy in their class.

Compulsory

For those appointed to public office or trade union duties above the provincial level, they have the right to reserve their job.

Childcare

A parent looking after a child under 3 years can apply for a suspension, and during the first year, the job is reserved (extendable to 15/18 months for large families 1st/2nd category). Afterward, they will be referred to a job in the same professional group or equivalent category.