Although there are studies, such as the one carried out by Northwestern University, that show that when an employee demonstrates greater “intrinsic motivation”, it can end up causing work overload. Experts remember the serious consequences that can result from refusing to perform tasks requested by the company, although they do not correspond to the worker, due to a principle of labor law.
Among workers there is a marked moral debate between carrying out impeccable work, even when they have to address tasks that do not correspond to the assigned jobor refuse to do them to avoid possible work overload. However, it is important to know a series of concepts to be clear How to act in these types of situations.
The first principle is called ‘solve et repeat’which defines the worker’s obligation to carry out business orders, even when these are considered irregular or external to the main functions of their job, although allows the subsequent claim or complaint in case you require it. Failure to do so exposes the employee to possible consequences such as disciplinary dismissal.
How the worker should act if he is assigned tasks that do not correspond to his position
As well explained in the program “Here there is work” on La 2, in this case, the worker would lose all possibility of claiming compensation, since the principle agrees with the company by alleging serious non-compliance on the part of the worker. Therefore, the most advisable thing in this type of case is perform assigned tasks and subsequently claim them legally.
It should be taken into account that article 39 of the Workers’ Statute in Spain, relating to functional mobility, establishes that this, whether in higher or lower functions, “It will only be possible if there are also technical or organizational reasons that justify it. and for the time essential for your attention.” In addition, it establishes the obligation for the employer to communicate his decision and the reasons that motivate it.
For this, it would be advisable to collect all information and communications that prove that the company has ordered a task, which would not fall within the obligations established for the job assigned in the job. This evidence can be emails, work schedules, messages, or even the testimony of other workers.
Subsequently, it must send a formal written communication to the Human Resources department in which the situation is explained. In the event that the company does not want to solve this problem or does not agree with the worker, the prior collection of evidence will allow sue the company for a judge to determine whether the assigned tasks were within their competence.
You can request a promotion and a salary increase from the company
During the judicial process, the affected person may request compensation for damagessince he was carrying out tasks that were not included in his contract and for which he did not receive the corresponding salary. Although it is worth taking into account the deadline to be able to present this type of demands.
In the event of having performed higher functions for a period of more than six months during a year or eight months during two years, the Workers’ Statute recognizes the employee’s right to a salary increase according to its new functions already request a promotion“if this is not prevented by the provisions of the collective agreement”, or to be able to fill a job of that category. In case of refusal, you may also claim it, as long as you notify the committee in advance.
Also, another solution is report it to the Labor Inspectionboth electronically and in person, so that you consider whether the rights of employees are being violated due to this type of practices. In any case, the most advisable thing is Go to a labor lawyer to assess the situation with all its peculiarities and know the most effective and appropriate way to act.
Other factors to take into account
According to ruling 5110/2025, of November 12, issued by the Supreme Courtin order for the increase and promotion to be requested, it will be necessary for the worker to have previously communicated to the company his intention to stop performing the extra functions he was carrying out until that moment. However, the company would have the right to hire another person to take charge of these functions.
Finally, it is important to know the principle “ius resistence”which acts as an exception to the previous rule of first obey and then complain. This gives the employee the possibility of refuse to comply with a company order whenever it puts your life or health at imminent riskviolates your fundamental rights as a worker or is clearly an order outside the law.