Can the company change my place of work?
We are going to explain to the worker what geographical mobility is, whether it is considered a transfer or a relocation.
Is it advisable to have a good labor lawyer if I change my workplace?
Yes, it is also recommended to do so as soon as possible, since there is a period of 20 days to challenge, in which the worker, through the assistance of labor lawyers who are experts in changes of workplace, may challenge the business decision, and opt for some of the following solutions:
-Accept the transfer
-Challenge the job transfer in court or amicably
-Terminate your contract
From Forcam Lawyers we recommend resolving the conflict as soon as possible, either by friendly means with the assistance of a labor lawyer, or by judicial means.What is considered geographical mobility for a worker?
In order to be considered as geographical mobility, the change of workplace must imply the need for the worker to change his/her habitual residence. It is a different matter if the worker decides to change his habitual residence, as this will not prejudice his rights.
The Courts consider geographical mobility when it implies a change of residence, but in addition the following factors have to be analysed:
- Distance between the new work centre and the old one, whether or not it exceeds a few kilometers.
- Travel time to the work centre: analysing whether it is higher or lower than a certain percentage of the working day.
- Travel costs, to check if they are higher than a certain percentage of the salary.
Furthermore, if it does not imply a change of residence, it is not considered to be a substantial modification of the working conditions either, except for a modification of the working day, hours or salary.
Is it considered a change of workplace if it is in the same city?
In this case it is not a geographical mobility, and as such, we cannot contest it through the special mobility challenge procedure.
For example, the Supreme Court ruling of 12 June 2016 states that: "The SC points out that in cases of transfer of the work centre without a change of address and respecting the category and functions, it is considered an accidental modification of the working conditions that falls within the organisational authority of the employer".
If I don't agree with the change of workplace, can I contest the company's decision?
Yes, we can go to court to show our disagreement with the company's decision. Furthermore, in this case the deadline will be one year. Our specialists lawyers in labor law recommend you to solve this situation as soon as possible, because, even if you decide not to go to court, you have the option to negotiate with the company to avoid the change, or in case it is made effective, that the salary increases considerably.
The employee can challenge the transfer in court. In any event, he will have to move to the new workplace and wait for the judgment to declare the transfer justified or not. If it is declared unjustified, the employee will have the right to return to his or her original workplace, and if the employer refuses to do so, he or she may request the termination of the contract with the right to compensation for unfair dismissal.
In addition, in the event that it involves a change in working hours or salary, we may request that it be terminated, not because of geographical mobility, but because of a substantial change in working conditions.
Is a worker who agrees to move to another workplace entitled to compensation?
The worker who accepts the transfer measure is entitled to receive compensation for expenses, both for himself and for his dependents, under the terms that are agreed upon. The amount of this compensation may be agreed upon by the parties, but may not be less than the minimum set out in the implementing agreement.
We recommend workers who find themselves in a possible situation of relocation of their company, to seek advice from a law firm with experience in changes of workplace, so that their rights are clearly explained to them before accepting the changes.
Contact us, and our law firm will study your specific case.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.