Can I be forced to change my schedule without extra compensation?
Modification of work hours does not entail additional remuneration, unless the company offers it. If the company and the person providing its services agree to compensation for the complications that the variation may entail, it would be a liberality and not an obligation.
There would only be an obligation to increase if the hours were subject to higher remuneration, if, for example, a supplement for night work.
According to article 36.1 of the Workers’ Statute, night work is considered work performed between 10:00 p.m. until 6:00 a.m. of the next day.
Except for issues like this, this employment contract, in the terms in which it is agreed, has priority. But The company has the freedom to change the work schedule of the people under its control.provided that the necessary legal conditions are met.
Article 41 of the Workers’ Statute establishes that: “The management of the company may agree to substantial modifications to the working conditions when there are proven economic, technical, organizational or production reasons. Those that are related to competitiveness, productivity or technical or work organization in the company will be considered such.
The variation in the schedule and the distribution of working time will be considered substantial modifications in working conditions. The company can change the schedule of the people who work for it, as long as there are proven economic, technical, organizational or production reasons, and the requirements are met: the change must be communicated by the company at least a few days in advance of the date on which the schedule will be altered.
When the company communicates it, this variation can be accepted, which will make the change effective without implying a change in salary, unless the parties agree otherwise.
If the employee does not accept, You may terminate your employment contract, and the law offers you two options.
-Request that the company pay compensation of 20 days of salary per year worked, with a maximum of 9 monthly payments. In this case, if the company agrees, there will be no need to resort to judicial proceedings.
– If it is understood that the change undermines your dignity, you can sue the company before the social courts, to have access to compensation in the same amount as that of unfair dismissal, that is, 33 days of salary per year worked (capped at 24 monthly payments) or 45 days of salary per year (with the same cap), if the contract was signed before February 12, 2012.
It is necessary to insist that the change will only occur if there are economic, technical, organizational or production reasons. The company has to justify that there are causes of any of these types in order to proceed with the variation.
If these assumptions occur, the modification is only subject to the aforementioned requirements, with the exception of salary supplements for hours such as nighttime ones.
*María Fuensanta Salcedo is a lawyer.
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