Substantial change in working conditions in Spain

The substantial change in working conditions allows the employer to change essential aspects of the employment contract. However, this right is subject to a number of requirements and limitations in order to protect the rights of workers. In this article, we will explore the legal framework for these amendments, the requirements for their proper implementation, and in which cases a substantial amendment is considered.

Legal framework

Article 41 Staff Regulations (ET) regulates the substantial change in working conditions in Spain. This provision provides that the employer may unilaterally change the conditions agreed in the employment contract or established in a collective agreement where there are justified cases. The reasons for these changes are often related to competitiveness, productivity or technical organization or work in the company.

What is considered a Substantive Amendment?

Not all changes in working conditions are considered substantial. According to Article 41 of the ET, the following shall be understood as such:

1. Work dayAny change in the distribution or duration of the working day is considered a substantial change.
2. Working time and distribution: This includes changes in entry and exit hours, work shifts, or distribution of hours throughout the week.
3. Working conditions in turn: Modify the rotation of shifts, the introduction of new shifts or the elimination of any existing shifts.
4. Remuneration system and wage amountAny change that affects the base wage, wage supplements, or payment system, such as moving from a fixed to a variable wage.
5. Functions, where they exceed the limits provided for in Article 39 of the ETThis refers to changes in the work of the worker involving an unagreed degradation or promotion.
6. Voluntary improvements agreed by the companyChanges in extracalarial benefits, such as health insurance, bonuses or any other type of voluntary improvement offered by the employer.

Requirements for a Substantive Modification

In order for a substantial change in working conditions to be legal, a number of requirements established by law must be met:

1. Reasonable cause:: The employer must prove that there are economic, technical, organizational or production reasons for the change. These causes must be related to the competitiveness, productivity, or organization of work in the company.
2. Previous CommunicationThe employer must notify the worker concerned in writing at least 15 days in advance. If the change is collective, the communication should also be made to the workers' representatives.
3. Negotiating procedure (in case of collective modification)If the change affects a significant number of workers, it is considered collective and a period of consultation with the workers' representatives should begin. This process aims to reach an agreement, although if not reached, the employer can implement the amendment provided that it respects legal requirements.
4. Employer's optionIf the change significantly affects the worker, he or she may choose to accept the change, to terminate his or her contract with the right to compensation of 20 days per year worked (up to nine months), or to challenge the change before the social court.

Impugnation of the Amendment

A worker who considers that a substantial change in his or her working conditions is not justified or does not meet the legal requirements may challenge him or her. The time limit for doing so is 20 working days after notification of the amendment. If the judge declares the amendment unjustified, the employer must return the worker to his original conditions.

Conclusion

The substantial change in working conditions is a legal mechanism that allows employers to adapt to the changing needs of the market and the internal organization. However, this power is not absolute and is limited by the need to adequately justify the amendment and to follow a procedure that protects the rights of the worker. Both employers and workers must be well informed about this process to ensure that any change is made within the established legal framework.

If you are in a situation where you consider it necessary to substantially change working conditions, or if you are a worker affected by such a change, it is essential to have adequate legal advice to ensure that all requirements are met and your rights protected.