Labour Mobility Mechanics

The worker's performance must be measured and evaluated based on specific criteria, such as quality, efficiency, and compliance with deadlines.

The compensation received by the worker for performing their job responsibilities. It can take various forms, such as salary, wages, bonuses, or commissions.

The timeframe within which the work must be completed. This can be defined by specific deadlines, project timelines, or work schedules.

The worker's legal rights regarding their work, including employment contracts, working conditions, and dispute resolution processes. These rights are typically established by labor laws and regulations.

The worker's professional qualifications, skills, and experience are recognized and respected in the workplace. It emphasizes a focus on competence and ethical work practices.

The possibility that a worker may not adapt to a new role or job responsibilities, potentially leading to a decline in performance or inefficacy. In such situations, the worker's skills, experience, or training may not be suitable for the new position.

A type of dismissal from employment that is initiated by the employer for reasons related to the employee's lack of skills, expertise, or ability to perform the required tasks effectively.

Changes or modifications to the worker's job responsibilities or working conditions due to business-related reasons. These changes are typically made to improve efficiency, adapt to market changes, or address organizational issues.

The duration of a job change or assignment. This clarifies whether the change is intended to be temporary or permanent in nature.

Measures taken to ensure that decisions made by the employer regarding job changes are fair and legitimate. These measures may include providing opportunities for employee feedback, consulting with worker representatives, and adhering to transparency guidelines.

A change in workplace location, work type, and residence. The exact distance for this change is not specifically defined by law, but by jurisprudence.

A shift in workplace within the same company, often involving adjustments to work tasks. It typically involves a change of location but not necessarily a change of residence.

A transfer is considered individual if it affects fewer than 10 employees within 90 days in a company with fewer than 100 employees.

A transfer is considered collective if it affects 10 or more employees within 90 days in a company with fewer than 100 employees.

A transfer is considered individual if it affects less than 10% employees within 90 days in a company with 100-300 employees.

A transfer is considered collective if it affects 10% or more employees within 90 days in a company with 100-300 employees.

A transfer is considered individual if it affects fewer than 30 employees within 90 days in a company with more than 300 employees.

A transfer is considered collective if it affects 30 or more employees within 90 days in a company with more than 300 employees.

A period of 15 days for discussion between employee representatives and the company regarding a transfer. This is the time for exploring measures, motives, and potential alternatives.

If an employee disagrees with the proposed transfer, they may take legal action against the company. This is known as a collective conflict.

A type of functional mobility where a worker is moved to a different workplace within the same company, often requiring a change of residence. This can be temporary or permanent and is justified by economic, technical, organizational, or production reasons.

Involves changing the workplace or residence of a worker due to various circumstances. This can be temporary or permanent.

A type of functional mobility where an employee progresses to a higher position within a company, typically after a certain period of time, with a corresponding increase in salary.

A type of functional mobility involving a change in role to a lower position within a company. The worker's salary remains the same, although there are no specific time limits for this type of mobility.

A type of transfer that involves a shift in job responsibilities, location, and potentially, the work center.

The place where a worker performs their duties. It can range from traditional offices to itinerant workplaces like sales representatives who work in different locations. It can be defined in an employment contract.

The legal right of a worker to receive compensation or protection when their work location changes due to a transfer, especially if it significantly impacts their daily life. This can be seen as a balance between the employer's needs and the worker's well-being.

Legal principles that guide the interpretation and application of labor laws, particularly in relation to transfers. This can include guidelines on the acceptable distance for transfers, the proportion of workdays affected, or the percentage of salary impact.

The right of an employee to seek legal action if they are denied a promotion after fulfilling the required criteria, like time in service, and are forced to perform tasks that do not match their current position. This is particularly relevant if the worker is performing higher-level tasks without appropriate recognition or compensation.

The legal reasons that justify a transfer, such as economic needs, technical improvements, organizational restructuring, or increased production. These reasons must be legitimate and documented to ensure the transfer is legally valid.

This type of workplace change involves significant alterations to the terms of employment, going beyond minor adjustments. It may affect key aspects like working hours, pay structure, tasks, or performance requirements.

The employer must have valid business reasons for implementing substantial mobility. These reasons are known as ETOP (economic, technical, organizational, or production) reasons. Think of them as justifiable business needs.

Examples of things that might be considered substantial modifications include changes to the daily work schedule, shift patterns, how your pay is calculated, performance goals, or taking on new responsibilities that exceed your current skillset.

In the event of substantial mobility changes, the worker has the option to accept the changes, reject them and terminate the contract, or pursue legal action. Each choice has implications.

If the worker terminates the contract after substantial mobility changes, they are entitled to a substantial termination payment based on their work history. This is calculated as 20 days of salary per year worked, up to 9 months of salary.

The ability of an employer to assign different tasks or functions to an employee, regardless of their initial hiring purpose. This allows for flexibility in work assignments within the same professional group or across different groups.

Changing an employee's tasks within the same professional group. The employer can make this decision unilaterally, without needing a specific reason. This usually involves changes in the employee's responsibilities or workload but does not fundamentally alter their job role.

Changing an employee's tasks to a different professional group, either ascending to a higher level or descending to a lower level. This requires specific reasons, such as technical or organizational needs, and requires communication with worker representatives.

Limits on functional mobility that arise from the legal framework of the labor relationship. These limits define the scope of work an employee can be assigned to based on their professional group and the specific skills required for the role.

Limits on functional mobility that stem from the employee's personal characteristics, such as their skills, experience, and physical limitations. This helps to protect employees and ensures they are not assigned tasks that exceed their capabilities or pose safety risks.

A principle that guides the employer's decision-making in functional mobility. It emphasizes the importance of fairness, transparency, and respect in all changes made to employee work assignments. It ensures the decision is not arbitrary and doesn't violate the employee's rights.

The employer's right to modify the employee's task within the same professional group. This is a key principle in functional mobility and allows for flexibility in work assignments.

The power of the employer to unilaterally alter the employee's work tasks without necessarily justifying the changes. This right is subject to certain limitations, such as respecting the employee's dignity and contractual provisions.