Contract Modification: Functional Mobility

• Contract modification involves changes introduced by the company to the original contract.

Types of Contract Modification

• Functional mobility
• Geographical mobility
• Changes to work conditions

Functional Mobility

• Functional mobility is the modification of the functions performed regularly, decided unilaterally by the company.
• It includes movement within the professional group or outside of it.

Within the Professional Group

• In all instances, basic rights are respected.
• The company does not need a reason and has no time limits.
• The employee receives the salary corresponding to the position they develop, or their previous salary if lower.

Outside the Professional Group

• Employee's basic rights are respected and their representatives must be informed.
• Justification is required for technical or organizational motives.
• The change is limited to the essential time.

Types of Functional Mobility Outside the Professional Group

• Ascending mobility
  • An employee develops functions superior to their professional group.
  • They are entitled to the salary corresponding to the new functions.
  • An employee can request a promotion if the modification lasts more than 6 months in a year, or 8 months in two years.
• Descending mobility
  • An employee develops functions inferior to their professional group.
  • The employee remains subscribed to the professional group of origin, maintaining the previous salary.

Geographical Mobility

• Geographical mobility involves a permanent transfer or temporary displacement to a work center in another location, implying a change of residence not included in the original contract.

Temporary Displacement

• In no case can it exceed 12 months in three years.
• Functions and salary are maintained, plus travel expenses.
• The employee can accept or contest the work change in 20 business days.
• Notification must be given 5 days in advance if the stay is more than 3 months.
• Employees are entitled to 4 days at home for each month of displacement.

Permanent Transfer

• Happens permanently and is ongoing for more than 12 months in 3 years.
• Relocation occurs to a work center of the same company in another location.
  • Individual Transfer
    • The employee must be notified 30 days in advance
    • Options: accept the transfer with associated expenses covered for them and their family, contest the transfer in social court (20 business days) while complying with the transfer until a ruling, or terminate the contract with severance of 20 days per year worked, up to 360 days.
  • Collective Transfer
    • Affects various employees in 90 days
    • Minimum amounts depend on the staff size: 10 for <100 employees, 10% for 100-300 employees, 30 for >301 employees
• Notification is made 30 days in advance and a 15-day consultation begins with staff representatives to come to agreements.
• If no agreement, the transfer occurs and may be claimed in social court.

Significant Changes in Working Conditions

• These changes affect the working day, salary, schedule, work and performance system, shifts, and non-standard functional mobility (progression/descension).

Types of Changes

• Individual: the staff member must be notified 15 days in advance.
  • Options: accept the modification, appeal the modification (20 business days, social court), or end the contract with the relevant compensation such as a severance of 20 days pay for each year of service.
  • If the change harms the person's dignity, they can cancel the contract with 33 days' pay for each year of service, with payment capped at 720 days' pay.
• Collective: affects several workers in a 90-day period.
  • The amounts are determined by the staff, no less than 10 of less than 100 staff, 10 % of 100 to 300 team members, or 30 in a company of 301 or more staff.
  • After those days, the company notes the ruling, which is effective 7 days from that day.
  • May be pursued by those in representation.