Understanding Labor Mobility, Contract Changes, and Suspensions
Labor Mobility
Labor mobility: can be functional (performing functions other than those for which the employee was hired) or geographical (working in places other than the original hiring location). Functional mobility must respect the worker’s dignity.
Functional Mobility
Type 1. Within the same professional group or equivalent professional category.
Causes: The law does not require a specific cause to justify this type of mobility.
Type 2. Outside the professional group or between non-equivalent categories.
Causes: There must be justifiable technical or organizational reasons, and the change must be for the necessary time. If the change is to an inferior role, there must be pressing and unpredictable reasons.
Type 3. Extraordinary mobility.
Causes: Carried out according to the procedure established for substantial modifications of contract conditions or by agreement of the parties.
Geographical Mobility
Type: Relocation.
Features:
- Concept: Final transfer of the employee to another workplace, requiring a change of residence.
- Cause: Justified by economic, technical, organizational, or production reasons.
- Procedure: The employer must notify the employee and their legal representatives at least 30 days before the effective date of the transfer. If it’s a collective move, a consultation period with legal representatives is required.
Employee Options:
- Accept the move, receiving compensation for expenses, including those of the family.
- Appeal the business decision in the competent social court.
- Terminate the contract with compensation of 20 days’ salary per year of service, with a maximum of 12 monthly payments.
Type: Travel.
Characteristics:
- Concept: Temporary transfer of the employee to another workplace. If it exceeds 12 months within a 3-year period, it’s considered a relocation.
- Procedure: The employer must notify the employee of the transfer with sufficient notice, no less than 5 days if the transfer is longer than 3 months.
Substantial Changes in Working Conditions
When economic, technical, organizational, or production reasons justify it, the company can agree to substantial modifications of working conditions. The procedure is the same as for relocations. If the modification affects the workday or shift work, the affected worker can terminate the contract with compensation of 20 days’ salary per year of service, with a maximum of 9 monthly payments.
Suspension of Employment Contract
Causes and effects: The effects of suspension are the temporary disappearance of work and wage obligations, with the right to return to the reserved workplace.
Causes of Suspension
- Mutual Agreement: By agreement between both parties, the worker stops working, and the company may or may not pay.
- Validly entered into the contract.
- Temporary worker incapacity:
- Illness and common injury: The maximum duration is 12 months + 6 months extension. After this time, a medical tribunal decides on total or partial disability. If on sick leave: the first 3 days are not paid, from the 4th to the 20th day, 60% is paid, and from the 21st day onwards, 75% is paid.
- Occupational accident or occupational disease:
- Occupational accident: An accident that occurs during the journey to or from work.
- Occupational disease: A disease caused by working with toxic chemical products, a chronic illness, or an accident at work.
You have 180 days of contributions within the 5 years prior to the pickup in case of common illness or accident. If it is an accident or occupational disease, you must be affiliated with the SS to receive payment. You will receive 75% from the first day. Whether the company pays is stipulated in the contract.
Maternity, adaptation, and reception: 16 weeks for 1 child, 18 weeks for 2, and so on. Risk during pregnancy. Maternity leave can be taken by the mother or father (the first 6 weeks must be taken by the mother). Requires 180 days of contributions to the SS. Parenting: 13 + 2 days of paid permits. The company pays 2 days, and the SS pays 13. The employment contract is suspended, and the SS pays (like maternity/paternity). If you have vacation days, you have the right to take them.