Guide to Functional and Geographical Mobility in Employment Contracts
Mobility and Contract Termination
Functional Mobility
Horizontal Mobility: Occurs within the same occupational group or between equivalent categories. No formalities or temporary limitations are required.
Ascending Mobility: The employee moves to higher roles within their class or professional group. Requires technical or organizational reasons and should be temporary.
Descending Mobility: The employee is assigned duties in a lower professional group or category.
Geographical Mobility
Occurs when a change of workplace forces the worker to change their habitual residence.
- Temporary: Considered a shift.
- Permanent: Considered a transfer.
Justification is required for technical, economic, organizational, or production reasons.
Collective Displacement
Applies when the change affects:
- More than 5 employees.
- 10 or more workers within 90 days in companies with fewer than 100 employees.
- 10% or more of the workforce in companies with 100-299 employees.
- At least 30 workers in companies with 300 or more employees.
Displacement Time: A period of 12 months within 3 years.
For displacements exceeding 3 months, the worker must be informed 5 days in advance and is entitled to:
- Paid leave
- Travel expenses
- Subsistence allowance
If no agreement is reached, legal action can be taken.
Permanent Transfers
Occurs when a change of workplace forces a permanent change of residence, exceeding 12 months within 3 years.
- Agreement: The company covers transfer expenses.
- Rejection: The worker is entitled to compensation of 20 days per year worked, up to 12 monthly payments.
Disputed transfers can be challenged in court.
Substantial Changes in Working Conditions
Includes modifications to:
- Working day
- Working time
- Shift work regime
The company must provide written notice at least 30 days in advance.
For changes to working time, workers can terminate the contract with compensation of 20 days per year worked, up to 9 monthly payments.
Suspension of Employment Contract
A temporary halt to the employment relationship, not a termination. The relationship resumes when the cause for suspension ends.
Causes for suspension:
- Mutual agreement
- Temporary disability
- Deprivation of liberty
- Economic, technical, organizational, or production reasons
- Force majeure
- Temporary company closure
- Strike
- Victim of violence
- Adoption and maternity leave
- Leave of absence
Termination of Employment Contract
Reasons for termination:
- Mutual agreement
- Expiration of contract term
- Objective dismissal
- Disciplinary dismissal
- Collective redundancy
- Force majeure
- Death or disability retirement
Termination by Employee
- Resignation: Requires notice.
- Abandonment: Leaving without notice, subject to potential damages.
Termination by Employer
- Disciplinary Dismissal: Due to employee breaches, such as absenteeism, disobedience, offenses, bad faith, decreased performance, substance abuse, or harassment.
- Objective Dismissal: Due to incompetence, lack of adaptation, absenteeism, or job elimination.
Challenging Dismissal
Employees have 20 working days to challenge a dismissal.
Conciliation: Aims for agreement, such as compensation or reinstatement.
Legal Proceedings: If conciliation fails, the matter goes to court.
Catalonia has specific labor relations sections for resolving disputes.
Courts assess the legality of the dismissal process and reasons.
If the dismissal is deemed improper, the employer must reinstate the employee or offer compensation of 45 days per year worked, up to 42 monthly payments.