Podcast
Questions and Answers
What does 'ius variandi' primarily refer to in the context of functional mobility?
What does 'ius variandi' primarily refer to in the context of functional mobility?
- The employer's unilateral power to change an employee's tasks within the same professional group. (correct)
- The worker's right to choose their tasks within their professional group.
- The requirement for the employer to give detailed justifications for task changes.
- The negotiation process between the employer and employee regarding task changes.
Which of the following best describes an 'accidental change' in labor relations?
Which of the following best describes an 'accidental change' in labor relations?
- A change that affects the fundamental elements of the employment contract.
- A change in task that does not impact the core conditions of the labor contract. (correct)
- A change that requires an individual agreement between the employer and employee.
- A permanent change to a worker's task after a company restructure.
When can a vertical functional mobility change be implemented?
When can a vertical functional mobility change be implemented?
- When the employer seeks to reduce an employees salary.
- Anytime the employer decides, without giving any reason.
- When there are technical or organizational needs, and for a set duration of time. (correct)
- Only when the worker requests it and receives approval.
Under what circumstances can an employer implement a horizontal change of task for an employee?
Under what circumstances can an employer implement a horizontal change of task for an employee?
When an employer implements changes requiring substantial mobility, what is NOT a direct entitlement of the worker?
When an employer implements changes requiring substantial mobility, what is NOT a direct entitlement of the worker?
Which statement describes a 'heteronomous limit' on functional mobility as defined in the text?
Which statement describes a 'heteronomous limit' on functional mobility as defined in the text?
Under what circumstances is an employer allowed to unilaterally modify an employee's salary system, according to the provided material?
Under what circumstances is an employer allowed to unilaterally modify an employee's salary system, according to the provided material?
If an employee is notified of a mobility that exceeds three months, how many days' notice must they receive?
If an employee is notified of a mobility that exceeds three months, how many days' notice must they receive?
What is a key restriction placed on both horizontal and vertical functional mobility?
What is a key restriction placed on both horizontal and vertical functional mobility?
In the case of vertical functional mobility, what additional step is specifically mentioned in the text as mandatory?
In the case of vertical functional mobility, what additional step is specifically mentioned in the text as mandatory?
An employee, earning €1500 per month, has worked for 10 years and decides NOT to accept a substantial change and terminates the contract. What is the maximum compensation they are legally entitled to?
An employee, earning €1500 per month, has worked for 10 years and decides NOT to accept a substantial change and terminates the contract. What is the maximum compensation they are legally entitled to?
What is the primary purpose of establishing professional groups in the context of functional mobility?
What is the primary purpose of establishing professional groups in the context of functional mobility?
Which of the following is NOT explicitly listed as an item that constitutes a substantial modification of working conditions according to Article 41 WS?
Which of the following is NOT explicitly listed as an item that constitutes a substantial modification of working conditions according to Article 41 WS?
What is the minimum duration for a change of workplace to be considered a permanent transfer rather than a displacement?
What is the minimum duration for a change of workplace to be considered a permanent transfer rather than a displacement?
In a company with 250 employees, what is the minimum number of affected workers over a 90-day period for a transfer to be considered collective?
In a company with 250 employees, what is the minimum number of affected workers over a 90-day period for a transfer to be considered collective?
Which of these groups does NOT have explicit priority to remain in their jobs during a transfer process, according to the text?
Which of these groups does NOT have explicit priority to remain in their jobs during a transfer process, according to the text?
What is the primary purpose of the consultation period in the context of workplace transfers?
What is the primary purpose of the consultation period in the context of workplace transfers?
What type of action can an individual worker take if they disagree with a collective transfer agreement after the consultation period?
What type of action can an individual worker take if they disagree with a collective transfer agreement after the consultation period?
In a company with 150 employees, how many workers must be affected by a transfer within 90 days for it to be considered collective?
In a company with 150 employees, how many workers must be affected by a transfer within 90 days for it to be considered collective?
How is the distance for displacements primarily determined?
How is the distance for displacements primarily determined?
What is the time frame considered when determining if a series of individual transfers becomes a collective one?
What is the time frame considered when determining if a series of individual transfers becomes a collective one?
What is the minimum number of workers that have to be affected by a transfer in an entire workplace to be automatically considered collective?
What is the minimum number of workers that have to be affected by a transfer in an entire workplace to be automatically considered collective?
Which of the following is a necessary criterion for a displacement?
Which of the following is a necessary criterion for a displacement?
Which of the following best describes the scope of professional rights for a worker?
Which of the following best describes the scope of professional rights for a worker?
Under what circumstance does an employee's inability to adapt to a new role not constitute grounds for objective dismissal?
Under what circumstance does an employee's inability to adapt to a new role not constitute grounds for objective dismissal?
Which criteria most accurately governs the implementation of business-related changes involving an employee?
Which criteria most accurately governs the implementation of business-related changes involving an employee?
What is the primary mechanism for controlling company decisions related to worker role changes?
What is the primary mechanism for controlling company decisions related to worker role changes?
Which statement accurately describes workers' economic rights in relation to functional mobility?
Which statement accurately describes workers' economic rights in relation to functional mobility?
What best describes the nature of 'contractual limits' in worker assignments?
What best describes the nature of 'contractual limits' in worker assignments?
How do 'conventional limits' impact worker role changes?
How do 'conventional limits' impact worker role changes?
What is the binding effect of general limits established in Article 39 on contractual and conventional limits?
What is the binding effect of general limits established in Article 39 on contractual and conventional limits?
Regarding the preservation of job, what constitutes a supervising ineptitude scenario?
Regarding the preservation of job, what constitutes a supervising ineptitude scenario?
What is always a necessary condition in the exercise of functional mobility?
What is always a necessary condition in the exercise of functional mobility?
What is the primary criterion for a worker to request a promotion following vertical ascendant mobility?
What is the primary criterion for a worker to request a promotion following vertical ascendant mobility?
What legal recourse is available to a worker if their request for promotion after meeting the requirements of vertical ascendant mobility is denied?
What legal recourse is available to a worker if their request for promotion after meeting the requirements of vertical ascendant mobility is denied?
When does the text indicate that geographic mobility happens?
When does the text indicate that geographic mobility happens?
What is the main distinction between a 'transfer' (traslado) and a 'displacement' (desplazamiento) in the context of geographic mobility?
What is the main distinction between a 'transfer' (traslado) and a 'displacement' (desplazamiento) in the context of geographic mobility?
Which of the following constitutes a valid reason for an employer to initiate a transfer (traslado) of an employee?
Which of the following constitutes a valid reason for an employer to initiate a transfer (traslado) of an employee?
What conditions, according to the jurisprudence cited in the text, would classify a geographic change as a significant transfer with legal considerations related to the impact on the worker's life?
What conditions, according to the jurisprudence cited in the text, would classify a geographic change as a significant transfer with legal considerations related to the impact on the worker's life?
What is the main purpose of the legal rights established when a worker's transfer occurs?
What is the main purpose of the legal rights established when a worker's transfer occurs?
In the context of geographic mobility, what does reassignment specifically imply according to the text?
In the context of geographic mobility, what does reassignment specifically imply according to the text?
What is a notable characteristic of vertical descendant mobility in terms of salary?
What is a notable characteristic of vertical descendant mobility in terms of salary?
What is the main factor that determines if a job is a geographical ‘transfer’?
What is the main factor that determines if a job is a geographical ‘transfer’?
Flashcards
Functional Mobility
Functional Mobility
The ability of an employer to assign different tasks to an employee, even if it wasn't part of the original job description.
Horizontal Functional Mobility
Horizontal Functional Mobility
A change in tasks within the same professional group. The employer holds the right to make these decisions unilaterally, but must respect the employee's dignity.
Vertical Functional Mobility
Vertical Functional Mobility
A change in tasks that involves moving to a different professional group. It can be either ascending (to a higher level) or descending (to a lower level).
Accidental Changes
Accidental Changes
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Ius Variandi
Ius Variandi
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Heteronomous Limits
Heteronomous Limits
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Professional Group
Professional Group
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Extraordinary Functional Mobility
Extraordinary Functional Mobility
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Business-Driven Functional Mobility
Business-Driven Functional Mobility
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Contractual Limits
Contractual Limits
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Vertical Ascendant Mobility
Vertical Ascendant Mobility
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Vertical Descendant Mobility
Vertical Descendant Mobility
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Workplace
Workplace
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Geographic Mobility
Geographic Mobility
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Transfer
Transfer
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ETOP Reasons
ETOP Reasons
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Compensation for Transfer
Compensation for Transfer
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Jurisprudence on Transfers
Jurisprudence on Transfers
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Substantial Modification
Substantial Modification
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Substantial Modification - Time & Schedule
Substantial Modification - Time & Schedule
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Substantial Modification - Pay
Substantial Modification - Pay
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Termination after Substantial Modification Rejection
Termination after Substantial Modification Rejection
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Distinctions between Functional Mobility and Substantial Modification
Distinctions between Functional Mobility and Substantial Modification
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Internal Transfer
Internal Transfer
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Displacement
Displacement
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Consultation Period
Consultation Period
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Challenge to Transfer
Challenge to Transfer
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Individual Transfer
Individual Transfer
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Collective Transfer
Collective Transfer
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Priority to Remain in Job
Priority to Remain in Job
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Jurisprudence for Displacement Distance
Jurisprudence for Displacement Distance
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Collective Conflict
Collective Conflict
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Transfer Duration Requirement
Transfer Duration Requirement
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Study Notes
Labour Mobility
- Functional Mobility: The ability of an employer to assign different tasks or functions to an employee, regardless of their initial role (Art 39 WS).
- Professional Groups: Workers are assigned to groups based on their profession or specialization, with varying tasks and responsibilities within the group.
- Accidental Changes: Changes in tasks or roles that do not affect the essential elements of an employment contract. Employers unilaterally decide these changes, which can be temporary or permanent. This can be agreed upon by the worker or work representatives.
- Horizontal Changes: Changes within the same professional group, with no employer justification required. Changes must respect worker dignity and good contractual faith.
- Vertical Changes: Changes to tasks in a different professional group (ascending or descending). They are only possible for specific reasons (e.g., technical or organizational) and for a limited period. These changes also must respect worker dignity.
- Geographic Mobility: A significant employment condition is the workplace, which could be at a fixed location or mobile (e.g., traveling salesman). Modifications to the workplace or location of work can be temporary or permanent (transfer or displacement).
Limits of Functional Mobility
- Heteronomous Limits: These are generic limits determined by the relevant legal system. They cover the worker's performance content, responsibilities, timing, and associated legal circumstances. They also respect professional qualifications and worker dignity. Changes require justification based on business reasons, have duration limits and require communication to company representatives. Changes must not violate worker rights.
- Autonomous Limits: These are limits established by agreement between the parties, respecting general limits like Art 39.
- Vertical Ascendant (Promotion): If a worker is in a role for 6–8 months, they can request promotion within a specific timeframe. Promotion criteria and compensation can be negotiated.
- Vertical Descendant (Demotion): Workers can be demoted based on specific conditions, but the salary should remain the same.
- Geographic Mobility (Transfer/Displacement): Transfer and displacement of workers across different workplace locations within the same company are subject to certain legal restrictions based on economic, technical, or organizational factors. This requires explicit communication to the worker.
Substantial Mobility
- Substantial Mobility Changes: Significant changes made to employees' working conditions, including changes to the work day, distribution, shifts, salary, or task-related aspects. These changes usually need justified reasons (ETOP reasons)
- Worker Rights: Workers have rights regarding compensation in the case of substantial mobility changes, depending on the duration of the change and the specific job. Legal regulations like 20-day salary compensation per year, and judicial recourse if the changes aren't justified.
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