FIRST.— They’re transferring you to a different worksite, and it’s turning your life upside down

Geographic mobility under Article 40 of the Workers’ Statute protects workers when a worksite change “requires a change of residence.” But that doesn’t mean you have to literally move house: if the new location is far enough away that it adds several extra hours of commuting each day, that can already count as protected geographic mobility, even if you stay living in the same place.

If the change is nearby and doesn’t cause you real harm, it falls within the company’s normal management authority, and there’s less room to claim based on inconvenience alone.

SECOND.— Functional mobility: when they change your duties

The company can move you between different duties within your same professional category without needing any special justification — it’s a normal part of their management authority.

The problem starts when they assign you duties that don’t match your job category: for example, they demote you, give you tasks well below your qualifications, or hand you clearly higher-level work without the job category (and pay) that should come with it.

If the functional change goes beyond those limits, you can demand that your actual job category be respected, claim the corresponding pay difference, or — if the situation is serious enough — pursue termination of your contract.

THIRD.— Individual or collective — not the same thing

If the change affects only you (or a small group), it’s individual mobility: the company notifies you, gives you advance notice, and you have a short window to challenge it if you disagree.

If it affects an entire worksite, or a large number of people at once, it’s collective mobility: in that case, the company is required to open a consultation period with employee representatives before making any decision.

FOURTH.— Your options if you’re transferred or your duties are changed

• Accept the transfer, with the right to compensation for related expenses
• Challenge the decision before the Labor Court, if you believe the company doesn’t have a real justification or didn’t properly follow the procedure under Article 40
• In the most serious cases — whether due to geographic mobility or a functional change that goes beyond what’s allowed and causes you serious harm — you can request termination of your contract under Article 50, with the same compensation as an unfair dismissal, instead of accepting the change

The company is required to give you at least 30 days’ advance notice before a transfer. And if you decide to challenge it, you have 20 working days to act, with expedited proceedings — don’t sit on it too long.