Labor Relations and Functional Mobility Quiz

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Questions and Answers

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?

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 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?

With no need to justify the change, within the same professional group. (D) Signup and view all the answers

When an employer implements changes requiring substantial mobility, what is NOT a direct entitlement of the worker?

The right to have their representative in the same job position if the changes are individual. (B) Signup and view all the answers

Which statement describes a 'heteronomous limit' on functional mobility as defined in the text?

A broad restriction set by the professional group, that defines the work and legal framework. (B) Signup and view all the answers

Under what circumstances is an employer allowed to unilaterally modify an employee's salary system, according to the provided material?

When the modification is considered a substantial change due to Economical, Technical, Organizational, or Production (ETOP) reasons. (A) Signup and view all the answers

If an employee is notified of a mobility that exceeds three months, how many days' notice must they receive?

5 days (D) Signup and view all the answers

What is a key restriction placed on both horizontal and vertical functional mobility?

Never being contrary to contractual good faith. (D) Signup and view all the answers

In the case of vertical functional mobility, what additional step is specifically mentioned in the text as mandatory?

Communication with the workers' representatives before making the change. (A) Signup and view all the answers

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?

€13,500 (C) Signup and view all the answers

What is the primary purpose of establishing professional groups in the context of functional mobility?

To provide a legal framework for labor relations and define work content. (D) Signup and view all the answers

Which of the following is NOT explicitly listed as an item that constitutes a substantial modification of working conditions according to Article 41 WS?

Changes to the employee's health insurance plan. (D) Signup and view all the answers

What is the minimum duration for a change of workplace to be considered a permanent transfer rather than a displacement?

12 months (B) Signup and view all the answers

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?

25 workers (C) Signup and view all the answers

Which of these groups does NOT have explicit priority to remain in their jobs during a transfer process, according to the text?

Recent hires (A) Signup and view all the answers

What is the primary purpose of the consultation period in the context of workplace transfers?

To discuss the reasons and potential measures around the transfer (B) Signup and view all the answers

What type of action can an individual worker take if they disagree with a collective transfer agreement after the consultation period?

Challenge the company in court (collective conflict) (D) Signup and view all the answers

In a company with 150 employees, how many workers must be affected by a transfer within 90 days for it to be considered collective?

15 workers (A) Signup and view all the answers

How is the distance for displacements primarily determined?

By Jurispudence (A) Signup and view all the answers

What is the time frame considered when determining if a series of individual transfers becomes a collective one?

90 days (B) Signup and view all the answers

What is the minimum number of workers that have to be affected by a transfer in an entire workplace to be automatically considered collective?

5 workers (B) Signup and view all the answers

Which of the following is a necessary criterion for a displacement?

A change of work or residence to a different place from the person's domicile. (B) Signup and view all the answers

Which of the following best describes the scope of professional rights for a worker?

They are solely based on the worker's academic qualifications and experience, and must respect their dignity. (D) Signup and view all the answers

Under what circumstance does an employee's inability to adapt to a new role not constitute grounds for objective dismissal?

If the employee's ineptitude is due to changes in job function and related to a lack of adaptation. (D) Signup and view all the answers

Which criteria most accurately governs the implementation of business-related changes involving an employee?

These must be justified by technical or organizational reasons, communicated to employee representatives, and are always of temporary nature. (C) Signup and view all the answers

What is the primary mechanism for controlling company decisions related to worker role changes?

The communication of the change to relevant worker representatives. (D) Signup and view all the answers

Which statement accurately describes workers' economic rights in relation to functional mobility?

Workers who perform an inferior task should be compensated at their original pay rate. (A) Signup and view all the answers

What best describes the nature of 'contractual limits' in worker assignments?

They are mutually agreed upon by the parties involved but must adhere to legal stipulations. (B) Signup and view all the answers

How do 'conventional limits' impact worker role changes?

They are established through general agreements, but must respect the framework set by Article 39. (C) Signup and view all the answers

What is the binding effect of general limits established in Article 39 on contractual and conventional limits?

These limits can be negotiated, but always have mandatory nature and must be always respected. (D) Signup and view all the answers

Regarding the preservation of job, what constitutes a supervising ineptitude scenario?

When there's a lack of adaptation after a job changes, making prior skills no longer adequate. (C) Signup and view all the answers

What is always a necessary condition in the exercise of functional mobility?

The change must always maintain the worker's economic rights, unless the task is superior. (B) Signup and view all the answers

What is the primary criterion for a worker to request a promotion following vertical ascendant mobility?

Demonstrated superior performance in their current role for a period of 6 months, or 8 months in two years. (D) Signup and view all the answers

What legal recourse is available to a worker if their request for promotion after meeting the requirements of vertical ascendant mobility is denied?

The worker may sue the company for engaging in practices that are against legal terms. (B) Signup and view all the answers

When does the text indicate that geographic mobility happens?

When the worker's assigned workplace is changed, which may involve a variation of work location. (C) Signup and view all the answers

What is the main distinction between a 'transfer' (traslado) and a 'displacement' (desplazamiento) in the context of geographic mobility?

A transfer implies a change of residence, while a displacement does not and is temporary. (D) Signup and view all the answers

Which of the following constitutes a valid reason for an employer to initiate a transfer (traslado) of an employee?

Economic, technological, organizational or production reasons. (A) Signup and view all the answers

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?

If the distance exceeds 36km, or it takes more than 25% of the work day, or surpasses 20% of the worker's salary. (C) Signup and view all the answers

What is the main purpose of the legal rights established when a worker's transfer occurs?

To balance the company's operational needs with the impact on the worker's life and to regulate the powers given to the employer. (D) Signup and view all the answers

In the context of geographic mobility, what does reassignment specifically imply according to the text?

A change of destination with a modified job, always on the same company. (D) Signup and view all the answers

What is a notable characteristic of vertical descendant mobility in terms of salary?

The salary is maintained as it is considered an inferior task. (B) Signup and view all the answers

What is the main factor that determines if a job is a geographical ‘transfer’?

If it requires a change of residence due to economic, technical, organizational or production reasons. (C) Signup and view all the answers

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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Description

Test your knowledge on the concepts of functional mobility in labor relations, including essential terms like 'ius variandi' and 'heteronomous limit'. This quiz covers various scenarios and regulations pertaining to employee mobility, changes in tasks, and salary modifications. Assess your understanding of these critical workplace dynamics.