Worker Mobility and Employment Changes

Functional Mobility in the Workplace

Functional mobility occurs within the firm and involves changing a worker's job so they perform functions other than those usually performed. Worker mobility between different occupational categories or groups is only possible if there are organizational reasons that warrant it and the time needed to address these causes. The employer may change the distribution of work in their company and, in particular, the roles of workers, provided they have the qualifications needed to perform the duties of the new position assigned to them and that mobility does not lead to a loss of occupational status, salary reduction, or impairment of their dignity.

Geographic Mobility and Transfers

Geographic mobility is caused by the removal or displacement of the worker to another workplace in a different location and involves a change of residence.

Causes for Worker Transfer

The causes that lead to a transfer can be: Technical, organizational, or production reasons, justified as relating to the business.

Understanding Worker Movement

Movement is the temporary transfer of a worker to a place other than their habitual residence, for the provision of their services.

Causes for Temporary Worker Movement

The causes for which there is a shift (movement) may be technical, organizational, or production, and must always be justified.

Substantial Changes to Working Conditions

It involves the alteration of working conditions for workers individually. These changes affect:

• A day's work.
• The time (schedule).
• The shift work system.
• The system of remuneration.
• The system of work and performance.
• Functions if these modifications are not included in functional mobility.

To allow the company to make these changes, two conditions must be satisfied:

1. Existing proven technical, organizational, or production reasons.
2. Maintain a system of consultations with legal representatives of workers.

Wage Unseizability Rules

The minimum wage is not subject to seizure except in cases where the worker is ordered to pay for food for children, in which case it may also be garnished in the amount determined by the judge. What exceeds the minimum wage is therefore subject to garnishment under the following sections:

1. The first portion up to the minimum wage cannot be garnished.
2. The portion exceeding the first minimum wage up to the second minimum wage can be garnished up to 30%.
3. The portion exceeding the second minimum wage up to the third minimum wage may be garnished up to 50%.
4. The portion exceeding the third minimum wage up to the fourth minimum wage, up to 60%.
5. The portion exceeding the fourth minimum wage up to the fifth minimum wage, up to 75%.
6. The excess above the fifth minimum wage, up to 90%.