Changes to working conditions

FIRST.— What makes a change «substantial»?

It isn’t up to the company to decide by the name it gives it, or by telling you it’s only a minor adjustment. A change is substantial when it really alters the basic structure of your employment relationship —your working hours, your schedule, your pay, your way of working— not when it simply inconveniences you or forces you to adapt a little.

Judges don’t look at whether the change seems reasonable in the abstract. They look at whether it breaks the balance of the contract you signed.

SECOND.— The matters that count, according to the law

Article 41 of the Workers’ Statute lists, without closing the list, the matters considered a substantial modification:

a) Working hours.
b) Schedule and distribution of working time.
c) Shift work arrangements.
d) Pay system and salary amount.
e) Work system and performance standards.
f) Duties, when they exceed the limits of normal functional mobility.

THIRD.— What the company cannot do

a) The company cannot take away rights you already have consolidated, or change your conditions at will without following the procedure.
b) It must justify the change with real economic, technical, organisational or production reasons and notify you at least 15 days in advance.
c) It cannot chain several small changes within 90 days to avoid the collective procedure: if it does so without new reasons, it is considered fraud and the changes are void.

FOURTH.— Individual or collective change

It depends on how many workers are affected over a 90-day period: it is collective when it reaches ten workers in companies with fewer than 100, 10% of the workforce in companies with between 100 and 300, or thirty workers in companies with more than 300. If it is collective, the company must open a consultation period with the workers’ representatives. If it doesn’t reach those thresholds, it is individual.

FIFTH.— What you can do if you disagree

a) Accept the change.
b) Challenge it before the Labor Court, if you believe there is no real justification or the correct procedure wasn’t followed. You have 20 working days to do so. If the judge declares it unjustified, you have the right to return to your previous conditions.
c) If the change affects your working hours, schedule, shifts, pay or duties, and causes you harm, you can request termination of your contract with compensation of 20 days’ pay per year worked, up to a maximum of nine months’ pay.
d) If the change is more serious and undermines your dignity, or if the company refuses to restore your previous conditions after a judgment declared the change unjustified, you can ask the court to terminate your contract under Article 50 of the Workers’ Statute, with the compensation of an unfair dismissal.

The law sets out options b) and c) as alternatives: whoever chooses to terminate the contract doesn’t challenge the change afterwards. Choosing well depends on your situation, your length of service and what matters to you: keeping your job or leaving with compensation.

SIXTH.— What happens while you decide

The change is enforceable from the end of the notice period, even if you challenge it: until there is a judgment, you have to comply with the new conditions. If you stop going to work, you can be dismissed for unjustified absences. Nor should you refuse to comply before seeking advice: the company could treat it as disobedience and sanction or dismiss you, as we explain in Faltas de obediencia y ofensas en el despido disciplinario (in Spanish).

SEVENTH.— Changes that are not a substantial modification

a) Minor adjustments to schedule or tasks, within the company’s normal organisational powers.
b) A change of workplace that forces you to change residence: it is a transfer and is governed by other rules. We explain it on the mobility page.
c) A change of duties within your professional group.

Telling them apart is the key, and it isn’t always obvious. That is why it’s worth having someone review your case before accepting or rejecting anything.