WHAT IS A SUBSTANTIAL MODIFICATION OF WORKING CONDITIONS?

In today's post, you will understand what a substantial modification of working conditions is. Substantial modifications of working conditions are considered to be those changes in working conditions by the employer that transform fundamental aspects of the employment relationship and cause harm to the worker.

Requirements for substantial modification of working conditions  

Substantial modifications must meet certain requirements, otherwise such modifications could be challenged by the employee or the employee could even request the termination of the employment relationship with the right to compensation.

The requirements are set out in the Workers' Statute and are as follows:

• It must be based on proven technical, economic, organisational or production reasons.
• Affecting the conditions established by the employment contract, in collective agreements or unilateral decisions of the company with collective effects.
• It must be notified to the worker and his or her representatives at least 15 days in advance, in case it affects individual working conditions.
• In the event that collective working conditions are affected, a consultation period of no more than 15 days must be held on the causes of the changes and the possibilities of avoiding or mitigating their effects and consequences on workers.

 What changes are considered to be substantial?

 Substantial modifications of working conditions shall be considered to be, inter alia, those affecting the following matters:

• Working day.
• Timetable and distribution of working time.
• Shift work regime.
• Remuneration system and wage rates.
• Functions, when they exceed the limits for functional mobility provided for in the Workers' Statute. 

What can workers do in the event of a substantial modification of their working conditions?

 In this situation, the worker has the following options:

• Accept the business decision.
• To challenge the employer's decision, for which you have a period of 20 working days from the decision, as established in the Law Regulating Social Jurisdiction.
• Request the termination of their contract and a severance payment of 20 days' salary per year of service on a pro rata monthly basis for periods of less than one year, up to a maximum of nine months.

In addition, the procedure to be followed is considered urgent, it is given preferential processing, and the prior presentation of the conciliation paper is not obligatory.

Challenging the business decision

In this case the court decision may declare the company's decision justified or unjustified, or null and void.

In the event that the measure is declared unjustified, the worker shall be entitled to reinstatement to the previous working conditions, plus the payment of any damages that the modification may have caused.

On the other hand, it will be declared null and void when the substantial modification has been produced by circumventing the rules of the Workers' Statute, or having as its motive causes of discrimination or violation of the fundamental rights and public liberties of the worker.

However, if the employer refuses to reintegrate the worker into his or her previous working conditions, when a court ruling has declared them unjustified, the worker will have the option to terminate his or her employment relationship through the procedure of termination at the employee's will, and the compensation will be that established for unfair dismissal.

Termination of employment contract  

The employee may request the termination of his contract and receive compensation when he is harmed by the modifications and these concern:

• Working day
• Working hours and distribution of working time
• Shift regime
• Remuneration system and wage rates
• Modification of functions outside the provisions of art. 39 ET
• Undermining professional dignity
• Justified business decision ruling
• In the event of an unjustified decision, failure to reinstate the worker in his or her original duties or in an irregular manner

The issue of substantial changes in working conditions has been the subject of much debate in recent years. If you need legal advice, do not hesitate to contact us at, We will be happy to help you.