Employment Transfers and Labor Regulations

A change in the workplace that requires the worker to move to a different location within the same company, often involving a change of residence.

The employer has the right to transfer a worker to a different location for economic, technical, organizational, or production reasons.

Legal protections for workers during a transfer, balancing the company's needs with the worker's life disruptions.

A transfer that involves a change of destination, a change in job responsibilities, and possibly a change of residence.

Legal guidelines used to determine if a transfer is justified based on distance, travel time, and cost.

The worker's representatives have priority to remain in their jobs during a transfer.

A change in the worker's location that can be either temporary or permanent, involving a move to a different place or a change of residence.

The ability of an employer to modify or alter the terms and conditions of employment, especially when those changes affect core aspects of the job such as salary, working hours, or work tasks. This right is typically regulated by law and requires specific reasons.

Reasons that must justify changes in a worker's contract, specifically when those changes are considered substantial. They are a prerequisite for the employer to make significant modifications to the employment relationship.

These are modifications that affect elements like work hours, scheduling, salary, work system, etc. They require ETOP reasons and can be made individually or collectively.

When substantial modifications to working conditions are proposed to a worker, they have the right to accept the change, refuse it and terminate the contract, or challenge the modification in court

If a worker chooses to terminate their contract after refusing substantial modifications, they are entitled to compensation. This is calculated based on their daily salary and the years of service, but it can be capped at 9 months' worth of salary.

A process that involves a period of negotiation and discussion between employers and workers' representatives, potentially leading to mediation.

The transfer of ownership of a company, work center, or independent production unit, signifying a change in control. This often involves the transfer of employees and responsibilities.

A division or part of a company that operates autonomously and often independently generates products or services.

A change in ownership that refers to a company, work center, or independent production unit. This implies a transfer of control and potential changes in the workforce.

A legal process where a fired worker and their employer try to reach an agreement through mediation before going to court.

A formal procedure that dictates the steps an employer must follow when dismissing an employee.

The employer's official communication to the employee outlining reasons for dismissal and the dismissal date.

The time limit for an employer to take action against an employee's infraction based on its severity. Minor infractions expire in 10 days, severe in 20 days, and very serious in 60 days.

The worker's right to be heard by the employer before dismissal.

A legal concept that allows employers to organize and manage their company, including decisions about work assignments, schedules, and resources.

Workers are obligated to follow the orders and instructions given by their employer in the normal course of business.

A situation where a worker is unable to perform their job due to a medical condition.

The employer must make reasonable efforts to adapt the workplace to accommodate a worker's disability before terminating their contract.

The process of ending a worker's employment relationship.

The employer can terminate a worker's contract if they are unable to perform their work due to a medical condition, after attempting to adapt the workplace.

A situation where a company closes down permanently.

The employer is required to pay workers one month's salary as compensation when a company shuts down.

The process of an employer retiring and leaving the business.

The employer is required to pay workers one month's salary as compensation when they retire.

Informing other companies about potential workplace accidents, prevention measures, protection steps, and emergency procedures.

Ensuring all workplace practices comply with occupational risk prevention rules and regulations, especially with regards to the Labor Reform Law of 2022.

A collective agreement that guarantees all contractor and subcontractor companies are covered by a specific agreement.

Contractor companies are bound to follow the industry collective bargaining agreement related to the activities they perform under the contract.

If a subcontracting company has its own collective agreement, it applies unless the sector-specific agreement takes precedence.

A temporary release from the basic obligations of work and pay, with the continuity of a legal bond between employer and employee.

The temporary nature of a suspension is often covered by social security systems, providing subsidies instead of salary.

Upon ending suspension, the worker can return to their job with reservation in most cases, meaning a job is held for them.

Some employment suspensions are agreed upon by both parties or included in the contract, in which case job reservation may not apply.

Before a suspension is requested, no administrative authorization is usually required. Consultations with representatives only require 15 days.