Spain – Substantial changes in working conditions

Substantial Changes to Working Conditions

The employer can apply substantial changes to the working conditions for economic, technical, organizational, or productive reasons. These changes are considered to be related to competitiveness, productivity, or technical or labor organization.

Substantial changes to working conditions are considered to include, among others, changes regarding the following aspects:

a) Working hours. b) Working hours and distribution of working time. c) Shift work system. d) Remuneration system and salary amount. e) Work system and performance.

f) Substantial changes at the job description level.

To implement such measures, the employer must notify the employee of the decision to modify the working conditions at least fifteen days before the date the decision will take effect.

In the cases mentioned in points a), b), c), d), and f) of paragraph 1, if the employee considers the change detrimental, they can take several actions:

  • Rescind the contract and request compensation of 20 days of salary for each year of work.

  • Challenge the decision. The labor court’s ruling will determine whether the change was justified or unjustified, and in the latter case, the worker will have the right to be reinstated under the previous terms and conditions.

Substantial changes to working conditions

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