Labour Mobility and Its Limits

Restrictions placed on an employer's ability to change an employee's job duties or responsibilities, based on legal and contractual obligations.

These limits are imposed by legislation and external regulations, ensuring fair treatment and protection of employee rights.

These limits are established by a collective agreement, representing negotiations between employers and employee representatives.

This principle ensures that the employer has legitimate reasons for changing an employee's job, not personal or arbitrary motives.

Change must be temporary and not permanent, preventing long-term harm to employees.

The employer must notify the employee's representative about the job change, facilitating transparency and communication.

Job changes can only occur if the employee has the necessary skills and qualifications for the new role, protecting expertise and preventing unfair assignments.

A temporary break from work, usually covered by social security, where the worker receives subsidies instead of salary.

The date when the collective bargaining agreement ends or when a new one starts. After the transfer, the new company must follow the new employer's collective bargaining agreement.

The information duties for a company succession are strengthened. Workers' representatives (or the affected workers if there are no representatives) must be informed about the date, reasons, legal, economic, and social consequences, and measures taken.

A situation where the employee is guaranteed to return to their job after the suspension ends.

Before the transfer is carried out, the old employer must inform the relevant parties. The new employer must inform before the workers are affected in their employment and working conditions.

Suspensions agreed upon by both the employer and employee, often outlined in the contract.

The employee does not need special permission to apply for suspension, though consultation may be needed.

After a company succession, there should be a consultation period when labor measures need to be adopted. This consultation should happen before the measures are implemented.

A specific period for discussion between parties before the suspension starts, usually lasting 15 days.

In a company succession, both the old and new employers are responsible for labor obligations that were not met before the succession and remain valid for 3 years after the transfer.

Even while suspended, the time spent counts towards seniority, like years of experience.

For labor obligations that arise after a company succession because of a criminal or fraudulent transfer (like social security debt), both the old and new employers are liable.

The main company assigns another company to handle specific services related to its core business. This is done for strategic, organizational, or economic reasons.

A common reason for suspension, mutually agreed upon by both employer and employee.

Contracting and subcontracting are lawful practices used to reduce costs. The latest labor reform aims to improve conditions and minimize abuse in these contracts.

A suspension due to health reasons, such as illness or injury, covered by social security.

Contracting and subcontracting are governed by labor law and Article 38 of the Constitution regarding freedom of enterprise.

Suspension for maternity, paternity, or child care, providing support for parental needs.

A suspension triggered by temporary incapacity, including accidents, medical treatments, and specific conditions.

If you request to return to your job after a leave of absence, the employer cannot claim the position is no longer available.

If the employer delays your return to work after a leave of absence, you can claim compensation for lost wages.

The employer must prove that no suitable vacancy exists if they refuse to reinstate you after a leave of absence.

Time spent on voluntary leave doesn't count towards seniority for purposes like pension or social security.

Leave taken to care for a child can be shared between parents, taken simultaneously or consecutively, and can be taken in installments.

Both parents have the right to take childcare leave.

Childcare leave can last until the child reaches 3 years old.

The employer must inform the employee about training programs during childcare leave to ensure their skills stay relevant.

The job position is reserved in the first year of childcare leave, and then the worker can apply for a similar position.

One month before returning from childcare leave, the employee must request reinstatement.

A type of leave that allows an employee to take time off to care for a family member due to age, accident, illness, or disability. This family member must be a relative by blood or affinity, meaning they could include in-laws or siblings-in-law. The employee can take this leave in installments or fractions, and the limit is two years with no minimum duration.

During the first year of this leave, the employee maintains the right to the same job position. After the first year, the employer will offer a similar job in the same category.

The time the employee spends on this leave is counted toward their overall seniority, which can affect future benefits like pensions.

The employee is not required to pay contributions to social security during this type of leave, but they may still receive some benefits.

A new law passed in 2023 aiming to balance work and family life. It aims to align with European Union directives and includes measures like 8 weeks of parental leave for children aged 1-8 years old.

A change in workplace location, work duties, and residence. It is not defined by a specific distance, but rather by legal precedent.

A change in workplace location that is not considered a displacement because it doesn't significantly affect the worker's life.

A transfer that affects a small number of workers within a company, usually less than 10% or a specific maximum number based on company size.

A transfer that affects the entire workplace or a large number of employees, exceeding the limits for individual transfers.

If the transfer is contested in court by an employee, it can lead to a legal conflict between the employee and the company.

Both the old and new employers are responsible for labor obligations that were not met before the transfer and remain valid for 3 years after it.

A type of dismissal where the company has a justified reason for terminating the employment contract, based on legal grounds like worker's ineptitude or lack of adaptation. The company must provide a written notification and offer compensation. If the company is facing economic difficulties, it may not be able to offer the full compensation, but the worker can still claim it.

A type of dismissal based on serious misconduct by the employee, such as insubordination, violence, or breaching trust. These reasons are outlined in the law and should be documented.

If a company is facing financial difficulties and needs to fire employees, the company is not legally obligated to pay compensation. The worker still has the right to claim payment, but it's likely that they will have to go through legal channels to recover it.

If a company declares bankruptcy, the compensation for fired employees will be paid by FOGASA, a government agency responsible for protecting workers' rights in such situations.

After receiving a notice of dismissal, the worker has a 15-day period before the employment contract officially ends. This period allows the worker to prepare for the transition and potentially find new employment.

Both the original and new employers are responsible for any unfulfilled labor commitments before the succession, for a period of 3 years after the transfer.

This leave can be used for both biological mothers and pregnant transgender individuals.

This leave can be extended in cases such as premature birth with low birth weight. The extension is based on the number of days the baby is in the hospital.

A contractual agreement where a primary company hires another company (subcontractor) to perform specific services related to the primary company's core business.

Joint liability for both the primary company and subcontractor applies for salary and social security obligations during the contract and for a year after its end (salary) and three years after its end (social security).

The primary company is not jointly liable for social security obligations if there's a negative certification or if the Social Security General Treasury doesn't respond within 30 days. However, they are still responsible for any debt incurred during the contract itself.

The primary company has a duty to inform workers' representatives about the subcontracting arrangement. The specific timing of this information is not defined in the text.

Subcontracting is used for various reasons, including strategic needs, organizational efficiency, and cost reduction. The latest labor reforms aim to improve worker conditions and reduce potential abuses in these contracts.

Subcontracting is governed by labor law and Article 38 of the Constitution, which emphasizes freedom of enterprise.

The primary company is responsible for ensuring the subcontractor complies with labor laws and regulations. This duty includes paying salaries and social security contributions, and fulfilling other obligations.

The subcontractor should have a business element and perform work or services for the primary company. This means they need to be a separate company that's involved in actual business activity.

The primary company is responsible for ensuring proper working conditions for the workers employed by the subcontractor. This means they need to play a role in ensuring safety and health standards are met.

The employer's legal right to conduct searches of employees' belongings (lockers, desks, vehicles) when it is strictly necessary, like during an investigation, with another employee present. This right applies during work hours within company premises. Opening closed envelopes is permitted; however, searching a sealed box in a car, even if it's parked on company grounds, is generally not allowed.

This type of dismissal affects a specific number of employees within a set period of time due to economic, technical, organizational, or production (ETOP) reasons.

The process of notifying and consulting employee representatives before implementing a collective dismissal. The employer must provide information about the reasons for the dismissal, evidence, and potential measures.

A written document issued to the employees outlining the reasons for their collective dismissal.

Compensation given to employees who are subject to a collective dismissal, calculated at 20 days of pay per year worked, with a maximum of 12 months' pay.

A period of 15 days from the notification of a collective dismissal until the official end of the employment contract for the affected workers.

Limits on employee searches based on constitutional rights and legal frameworks. These limits ensure fair treatment and privacy protection.

Limits on employee searches based on the specific employment contract and collective bargaining agreements. These limits can vary depending on the company and employee agreements.