Although labor law includes the right of companies to change the hours or days of their workers in justified cases, according to article 41 of the Workers’ Statute, The truth is that you must follow a series of procedures and respect the minimum notice period to communicate the modification to your employees. Otherwise, they will even have the right to a compensation.
One of the situations that generates the most discomfort among workers is that their companydecide, unilaterally, to change your working hours. However, companies can do so, according to the law, if they justified by “economic, technical, organizational or production reasons”. This is called, according to Royal Legislative Decree 2/2015, of October 23, “substantial modification of the working conditions of employees.”
Specifically, as stipulated in article 41 of the Workers’ Statute, a substantial modification is considered when affects the working day, schedule, distribution, shifts, remuneration, functions or the work system and performance. However, in addition to being justified, these changes must be made according to specific procedures and respecting a minimum notification period.
The law allows the worker to terminate his contract and receive compensation
In its third section, the article declares that when these changes affect a worker individually, he and his legal representatives must be informed in advance. a minimum notice of 15 days before the date of its effectiveness. And it establishes a series of rights that the employee can access if they are harmed.
According to the law, in the event that the modification affects the working day, schedule, distribution, shifts or functions of the job, the affected person may request termination of contract. Additionally, you will have the right to “receive compensation of twenty days’ salary per year of service, with periods less than one year being prorated by month and with a maximum of nine months”.
How to claim a schedule change that was not notified 15 days in advance
In the event that the company does not respect the minimum notice period stipulated by labor law, the worker will have the right to appeal the decision. To do this, you must require written notification stating the change that will be affected, its duration and justification. This can also be used as proof in case it escalates to judicial proceedings.
Once notified, it is important to express your refusal of the change and file an internal claim. For this procedure it is advisable to have the advice from a lawyer specialized in labor lawespecially if the company refuses to reverse the change and must file a complaint with the social jurisdiction.
The employee may file a claim within 20 business days.
For this you can present a demand for the business decision within a period of 20 business days from the moment the modification is communicated to you, without following the procedures established in the statute. Once submitted, a judge must establish whether the modification was made illegally and, if so, will force the company to undo the change applied and may establish the payment of compensation.
However, for this it will be necessary not to have accepted the change and not having demanded written explanations or provided evidence that demonstrates that the communication was made after the deadline or, directly, that it was not notified. Likewise, this information will also be especially relevant if you decide to present a claim before the Labor Inspection.
It is also important to keep in mind that, although the minimum period established by law is 15 days, it is quite common for collective agreements agreed between the workers stipulate a longer notice period or establish a series of conditions. Therefore, this document will also be relevant in case of claiming a modification without notice from the company.