Labor Mobility, Contract Suspension, and Termination

Posted on Mar 11, 2025 in Tourism

Labor Mobility, Contract Suspension, and Termination in Spain

4.1.1. Functional and Geographical Labor Mobility

A worker may be subject to functional mobility (performing functions other than those for which they were hired) and geographical mobility (working in locations other than the one contracted).

  • Within the group: No specific cause is required.
  • Out of Band: Technical or organizational reasons are needed.
  • Extraordinary mobility: Exceeds the above cases.

4.1.2 Geographical Mobility: Transfers and Travel

Transfers:

  • Cause: There must be justified reasons.
  • Procedure: Communication with a minimum notice period of 30 days before the effective date of the transfer. If the move is collective, a prior consultation period with legal representatives must be opened.
  • Worker Options:
    • Accept the transfer.
    • Await a court decision.
    • Terminate the contract (with compensation of 20 days’ salary per year of service, max. 12 months).

Travel:

  • If within 12 months, the relocation exceeds a period of 3 years, it is considered a transfer.
  • Procedure: The employer must communicate the travel assignment (at least 5 days in advance if the offset is greater than 3 months).
  • The employee shall be entitled to 4 working days of leave at their home for every 3 months of travel.

4.1.3 Substantial Modifications of Working Conditions

If a modification affects the workday, schedule, or shift work regime, the affected worker can terminate the contract with compensation of 20 days’ salary per year of service, with a maximum of 9 monthly payments.

4.2. Contract Suspension and Leave

4.2.1 Suspension of the Contract

Effects: Disappearance of obligations and/or reserved position with preemptive rights.

Causes:

  • Mutual agreement.
  • Clauses consigned in the contract.
  • Temporary disability.
  • Maternity, risk during pregnancy, adoption, or fostering of children under 6 years.
  • Parenting.
  • Holding any public office.
  • Deprivation of liberty.
  • Suspension of work and wages.
  • Force majeure (including the right to strike).
  • Closure Notice.

4.2.2 Leave (Excedencia)

Releases the employee from the obligation to provide services and the employer from paying wages.

  • Compulsory Leave (Excedencia Forzosa):
    • Reason: Designation or election to public office; trade union duties.
    • Reserves the workplace.
  • Voluntary Leave (Excedencia Voluntaria):
    • At the employee’s request.
    • Requires at least one year of seniority.
    • Entitles the employee to a period between 4 months and 5 years.
    • Only provides preferential rights.

4.3. Contract Termination

4.3.1 Termination of Contract: Causes

  • Completion of its duration (15 days’ notice, at least).
  • Termination by the employee’s will.
  • Termination by the employer’s will (dismissal).
  • Other causes of extinction.

Termination by the Employee’s Will

  • Resignation (Dimisión): Notice period fixed in the agreement or according to the custom of the place (minimum 15 days). No compensation.
  • Withdrawal (Desistimiento): The employee leaves work. The employer may ask for damages.
  • Due to Serious Employer Breach (Incomplimientos Graves del Empresario): Entitles the employee to an allowance of 45 days’ salary per year of service, max. 42 months (equivalent to unfair dismissal).

4.3.1.2 Disciplinary Dismissal (Despido Disciplinario)

Causes:

  • Repeated and unjustified absences or tardiness.
  • Indiscipline or disobedience.
  • Verbal or physical offenses.

Judicial Qualification:

  • Fair Dismissal (Despido Procedente): Real cause is proven.
  • Unfair Dismissal (Despido Improcedente): The cause is not properly proven (compensation of 45 days per year of service, max. 42 months).
  • Null Dismissal (Despido Nulo): The real cause for dismissal is discrimination.

4.3.1.3 Dismissal for Objective Reasons (Despido por Causas Objetivas)

Causes:

  • Ineptitude of the worker.
  • Lack of adaptation of the worker.
  • Attendance errors.
  • When there is a need to amortize jobs.

4.3.1.4 Collective Dismissal (Despido Colectivo)

  • When there are more than 5 employees affected.
  • When, over a period of 90 days, the number of workers affected reaches a certain threshold.

Redundancies due to Force Majeure: It should be an unforeseen and unavoidable event that affects a company and prevents the continued provision of employment (compensation: 20 days per year of service, max. 12 months).