Table of Contents
- Intro
- What is a substantial change in working conditions?
- Requirements of Article 41.3 of the Workers' Statute
- Why it matters that the change has already been implemented
- Security monitors: suitability and suspension of the contract
- What can the worker do?
- Real case
- Summary: requirements and reaction pathways
- Frequently asked questions
- Conclusion
1. Introduction
Many workers accept without hesitation that the company will change their shift from day to day: to move from a 12-hour to a 5-hour day, or to work on a time strip they had never done. But the company cannot freely alter the schedule when that change is substantial. The law requires him to justify and communicate it in advance, and if he does not, the worker has tools to defend himself.
2. What is a substantial change in working conditions?
One substantial change in working conditions is a relevant change in essential aspects of the employment relationship. The Article 41.1 of the Staff Regulations It includes, inter alia, changes to working time, working time and time, and the system of working in turn.
Not any adjustment is substantial. The determinant is its intensity and its real impact on the life of the worker: it is not the same thing to advance the half-hour entrance as to move from a 12-hour shift to a 5-hour shift in a completely different time range, which requires the reorganisation of personal and family life. If the change also affects your conciliation needs, you are also interested in knowing the right to day adjustment by conciliation.
3. Requirements of Article 41.3 of the Workers' Statute
Where the change is of an individual nature, the company cannot simply impose it. It must meet these requirements:
- Reasoned cause: there must be a proven economic, technical, organizational or production reason.
- Notification to the worker: the decision must be communicated to the worker concerned and his legal representatives.
- Minimum notice of 15 days: the notification must be made at least 15 days in advance of the date on which the change is effective.
If the company orders the new schedule without cause, without notification or without respect to notice, it is in breach of Article 41.3 ET and the amendment may be challenged before the Social Court.
4. Why it matters that the change has already been implemented
One thing is for the company to announce a future change and a very different change that has already taken place. When the worker has completed the instructions and has already worked on the new schedule, the modification is no longer a plan and becomes a real and creditable fact.
This is of great practical importance: it makes it possible to demonstrate before the judge, with specific dates, that the company imposed the change. Tables, service schedules, records, messages with orders received and day records become the key test. And if the calendar already provides for new shifts in that strip, every day worked reinforces the claim.
5. Security monitors: suitability and suspension of the contract
In the private security sector, the assessment of the occupational risk prevention service is particularly important. As explained in the actual case of this Article, the collective private security agreement provides in Article 64 (4) that, if the worker is declared unfit, the contract may be suspended, without pay and without the right to unemployment benefit.
It is therefore essential to know what the worker is in. If the prevention service has declared it suitablethe suspension route does not apply to him, and any change in his conditions must follow the ordinary route of Article 41 ET. If you want to know more about other cases where the contract is on hold, you can consult our article on the suspension of the contract after 545 days of medical leave.
6. What can the worker do?
In the face of a substantial change imposed without meeting the legal requirements, the worker has several options:
- To push the amendment before the Social Court. Where the company has formally notified it, the period is 20 working days since the notification, and action should be taken as soon as possible.
- To terminate the contract if the change is detrimental to you: Article 41.3 ET provides for compensation of 20 days of salary per year worked, with a maximum of 9 monthly.
- Request compensation for termination by Article 50 ET where the amendment has been made without respect for Article 41 and undermines the dignity of the worker. In that case, the compensation is that of the unfair dismissal: 33 days per year. More information on the termination compensated for the worker's will.
In the meantime, the most prudent thing is to follow orders and document everything: the refusal to work on the new schedule could be used as an excuse for a disciplinary sanction or dismissal.
7. Real case
The video sets out the case of a safety guard to which the occupational risk prevention service has declared fit and therefore does not apply the suspension of the contract provided for in the agreement for unfit workers. However, the company has changed its schedule: from a 12-hour shift to a 5-hour shift, in a time strip that it had never performed. The worker has already completed this new schedule, and the substantial change has been made without the company following the requirements of Article 41.3 ET. In addition, the calendar already provides for new shifts in the same strip, which will allow the judge to be accredited every day the change was imposed.
8. Summary: requirements and reaction pathways
| Appearance | What does the law say? | Applicable rule |
|---|---|---|
| Change of hours or shifts | It can be a substantial change. | Article 41.1 ET |
| Company requirements | 15-day proven case, notification and notice | Article 41.3 ET |
| Impact | Application to the Social Court; 20 working days if notification | Art. 41.3 ET and art. 138 MRJS |
| Termination of injury | 20 days per year, maximum 9 monthly | Article 41.3 ET |
| Compensation | 33 days per year if article 41 is violated and dignity is undermined | Article 50.1.a) ET |
| Watcher declared fit | The proposed suspension for the unfit does not apply | Article 64.4 of the private security agreement |
9. Frequently asked questions
Can my company change my shift without warning me?
If the change is substantial, no. It must notify you in writing at least 15 days in advance and justify it in economic, technical, organizational or production causes.
Should I keep the new schedule while I claim?
In general, yes. What is recommended is to comply with it and to document every day worked on the new schedule, as to refuse could give rise to a penalty.
What compensation do I have if I leave the company for the change of schedule?
If the modification harms you, you can terminate the contract at 20 days per year worked (maximum 9 monthly). If the company has not respected article 41 and change undermines your dignity, you can ask for extinction at 33 days a year.
Will I cover unemployment if I terminate the contract for a substantial change?
If, as this is an extinction due to the company and not a voluntary leave, the right to unemployment benefit, provided that the general requirements are met.
10. Conclusion
A change of time or shift imposed without notice or justification is not a simple organizational decision: it can be a substantial illegal change. When the worker has already completed this new schedule, the non-compliance is real and can be credited with specific dates, which significantly reinforces his position before the court.
In the area of Labour law de Leynver Abogados we analyze each case, we collect the necessary documentation and we accompany you in the challenge or in the compensated termination of the contract to defend your rights with the maximum guarantees.
