Modification of working conditions

A change in working conditions that directly affects the way or the place in which we perform our duties is covered by the law and the Workers' Statute. However, some of them may be particularly sensitive, so it is best to be informed about the rights that both the employer and the employee have at their disposal. For this reason, we will try to talk in depth about the matter and discern it in detail.

Substantial modification of working conditions

The first thing to say is that, thanks to this substantial modification of working conditions, the contract has the force of law and must be complied with by both parties exactly in the terms in which it was agreed and signed. However, as long as there is agreement between both parties, it is possible to modify it. In fact, if it is possible under the law, changes can be made unilaterally.

In this sense, the legislation classifies as 'substantial' all those modifications that directly affect the normal and habitual life of the worker, such as, for example, those related to changes in the working hours or working day, the system of shifts and work, performance and remuneration or those that have to do with the functions carried out within the company.

It is true that, according to Article 20 of the Workers' Statute, the employer has the discretion to reorganise work within his company in terms of organisation and management. However, in article 41 of the same legal text, it is specified that he must comply with a series of obligations in order to be able to implement these changes. Among them, it establishes the need to give the worker 30 days' notice prior to the date on which the changes are to take effect.

Can the employee terminate the contract in the event of a substantial change in working conditions?

The answer is yes, provided that the employee has been significantly harmed by the changes made to his or her employment. In fact, he/she will be entitled to receive compensation equivalent to 20 days' salary for each year spent working for the company, up to a maximum of 9 months, with periods of less than one year being prorated on a monthly basis.

In addition, the worker retains the right not to terminate the contract and to challenge changes to his or her working conditions before the competent jurisdiction. In this sense, it will be a judge, by means of a final judgement, who will determine whether the modifications made are justified or not. If they are not, the judge will recognise the worker's right to have his or her previous conditions reinstated and the company will be obliged to do so.

Under what terms can working time be modified?

Modification of working time is a particularly important change in working conditions. In fact, it can only be carried out when justified for technical, economic, organisational or production reasons. Therefore, the legislation states that it can only be carried out in accordance with these procedures:

Modification of the individual working day.

It is compulsory to give 30 days' notice of the changes prior to their implementation. The worker maintains his or her rights under the terms commented on with respect to unilateral termination of the contract.

Modification of shift work.

Shift work is work in which employees carry out their tasks in succession following a continuous or discontinuous rhythm, which implies that the worker will carry out his or her tasks at different times throughout the days and weeks. In Article 41.1.c) of the Workers' Statute, it is specified as a substantial modification that must be made on the basis of the reasons specified above and that preserves the employee's rights in the same terms as in the case of changes in the working day.

Changes in the employee's working hours.

The timetable establishes the exact time an employee must work each day and the number of hours he/she performs his/her activities each week. In this sense, it can be rigid if it establishes limits for the start and end of the working day, or flexible if it is not, or if it can be adjusted to the needs of the employee. There is also a free modality, in which it is the employee who organises his or her time and is only required to fulfil his or her duties.

Functional and geographical mobility

Changes in working conditions related to functional and geographical mobility are some of the most problematic and controversial.

Specifically, functional mobility within the company is understood to be that by which a worker's tasks are changed to different ones. This, as long as it is done on the basis of their academic, professional and employment qualifications, should not cause any problems. However, a change in working conditions in a company involving the performance of duties outside the employee's professional category or equivalent group can only be made if there are organisational and technical reasons to justify it. Moreover, it can only be done for a certain period of time, which is the time necessary to return to normal working conditions.

These changes must always be made without undermining the worker's dignity and without prejudicing his or her right to career advancement. In fact, even if their new duties are of a lower rank than those they previously performed, they will be entitled to the same pay. Moreover, the invocation of supervening ineptitude as a cause for objective dismissal in these cases is eliminated. Likewise, in the event that he/she performs functions of a higher rank for a period of 6 months in one year or 8 months in two years, he/she will have the right to claim promotion and to be paid according to the collective bargaining agreement for that professional category.

The change of working conditions in a company affecting the geographical mobility of the worker is also a very interesting aspect. Specifically, this concept is defined as one whereby a worker, without having been specifically contracted to do so, must provide his or her services in workplaces other than the workplace of origin for production, organisational, technical or economic reasons that justify it. 

This change in working conditions must be notified to the employee one month before it becomes effective. If he/she accepts, he/she will be entitled to compensation for the expenses incurred, which will be calculated on the basis of his/her own expenses and those of his/her dependents generated by the new situation, or to unilaterally terminate the contract, receiving compensation of 20 days' salary for each year worked, with a maximum of 12 monthly payments. 

Conclusions on changes to worker's terms and conditions

It is clear that, although possible, changing an employee's terms and conditions of employment that are considered to be substantial is complicated. Moreover, the law protects the employee and gives him/her a number of additional rights to refuse or to accept the changes. In fact, you always have the opportunity to go to court or to terminate your employment contract with the corresponding compensation. We hope we have been helpful and, should you need any further clarification, please do not hesitate to contact us.