The world of work is in constant movementBoth employers and employees encounter situations in which a contract needs to be modified, whether due to company needs, changes in the employee's personal circumstances, or updates to existing agreements. Knowing how to make these changes within the law is essential to avoid problems. and guarantee the rights of each party. Questions often arise: Can a company really unilaterally change the contract? What options does the employee have if they disagree with the new terms?
In this article, we explain in depth everything you need to know about the legal ways to change your employment contract in Spain.We'll examine the mechanisms provided for by the Workers' Statute, the essential steps and procedures, the rights and obligations of both parties, and the most common situations, from minor adjustments to substantial modifications or geographic relocations.
When and why should you change an employment contract?
Work circumstances do not always remain static. There are several justified reasons for changing an employment contract.:
- Changes in functions: Sometimes the duties assigned to a position evolve significantly and need to be reflected in the contract.
- Changes in the working day: For both increases and reductions in hours, it is mandatory to adapt the contract to reflect this. To better understand how to implement these changes, you can consult resources on employment contracts in practice.
- Salary variations: Salary increases or decreases must be recorded in the contractual document, following legal procedures.
- Economic or technical issues within the company: When there are economic, organizational, technical or production reasons, the company may need to adjust conditions to ensure its viability.
- Change of headquarters or workplaceIf the company relocates or opens new locations, the contract may require changes, especially if it involves geographic mobility.
Furthermore, the contract may be modified by agreement between the parties or, in some cases, by a justified decision of the employer. The initial conditions are not set in stone, but there are legal guarantees to ensure that changes are fair..
Types of contractual modifications
The Workers' Statute regulates different ways of modifying a contract. They can be grouped into:
- Objective modification: It affects fundamental aspects of the employment relationship, such as schedule, working hours, salary, workplace, or duties.
- Subjective modification: Changes related to company ownership, transfer of employees, or subrogations. They do not alter the essential terms of the contract.
The procedure and consequences vary depending on the type and scope of the modification..
Substantial changes in working conditions
One of the most important ways is the substantial modification of working conditions, regulated in Article 41 of the Workers' Statute. It occurs when the company needs to make adjustments that affect essential elements and could be detrimental to the worker. It can only be applied when there are duly justified economic, technical, organizational or production (ETOP) reasons..
Subjects that are typically affected include:
- Working day.
- Schedule and distribution of working time.
- Shift work regime.
- Remuneration systems and salary amounts.
- Work and performance system.
- Functions, when they exceed the limits of normal functional mobility.
The procedure requires prior communication to the affected worker and their legal representatives, at least 15 days in advance. If the modification is collective, a consultation period must be opened. The worker has several options If you do not agree:
- Accept the modification and continue working under the new conditions.
- Request termination of your contract If you consider that you have been harmed by the measure, you will be entitled to compensation of 20 days' salary per year worked (maximum 9 monthly payments), for certain cases such as changes in working hours, salary or functions outside of your professional group.
- Challenge the decision in court in the Social Court, within 20 working days after notification.
If a judge finds the change unjustified, the company must reinstate the employee's previous conditions and pay any damages. If the change is justified, the employee can continue to challenge the change or request termination of the contract with compensation.
Minor adjustments and corporate governance power
Article 20 of the Statute gives the employer a certain margin to make minor modifications. that do not affect essential elements. Examples include:
- Changes within the same professional group.
- Minor schedule adjustments with no global impact.
- Transfers within the same workplace.
These modifications do not require the strict procedure of Article 41., but if they end up affecting essential issues, they can be challenged as a disguised substantial modification.
Temporary suspension or reduction (ERTE)
The Temporary Employment Regulation File (ERTE), regulated in article 47 ET, is a specific mechanism for temporary situations. It allows the company to temporarily suspend contracts or reduce working hours when there are justified reasons.
The employee maintains their employment relationship and seniority, and may access unemployment benefits during the duration of the ERTE. The company, for its part, can benefit from exemptions from Social Security contributions if the legal requirements are met.
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Objective dismissal
If the underlying reason is structural and lasts longer than 12 months, the company may opt for fair dismissal (Article 52 of the ET), paying the statutory severance pay of 20 days per year worked (maximum 12 monthly payments). The reasons may be economic, technical, organizational, productive, or related to the employee's sudden incompetence or lack of adaptation.
The company must notify in writing, give 15 days' notice and pay compensation.The employee may challenge the dismissal if he or she believes it is unjustified or that the reasons given do not exist.
Contracts related to the modification of working conditions
Functional mobility: change of functions
The company can assign new functions to the worker within his professional groupWhether the change involves higher or lower responsibilities, the worker's dignity and qualifications must be respected. If the worker moves to higher-level responsibilities, they are entitled to the corresponding salary; if the responsibilities are lower, the initial salary is maintained.
For changes outside the professional group or the scope of the agreement, an agreement between the company and the employee is essential. and, in case of disagreement, the legal procedure provided.
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Legal Limits: When Can't a Contract Be Modified?
There are Very clear limits and protections for the worker against possible abuses in contractual modifications:
- You cannot switch from a permanent contract to a temporary one without agreement and legal justification.
- Full-time hours cannot be reduced to part-time hours without consent.
- A salary reduction cannot be imposed without an agreement., except in very specific cases provided for by law or collective agreement.
- Any change that violates fundamental rights or involves discrimination is void and punishable.
- The change must always be communicated in advance and in writing (15 days minimum, unless the agreement specifies a longer period).
In any case, The worker may challenge any measure before the social jurisdiction and request the reinstatement of its conditions or the termination of the contract with compensation if damage is proven.
Legal procedure: steps to modify the contract
For a contractual modification to be valid:
- There must be clear and transparent communication between company and worker, specifying the causes and conditions of the change.
- The collective consultation process must be respected if it affects several workers.
- It is recommended to formalize the agreement in writing. and, if possible, with the signature of both parties.
- In case of disagreement, there is the option of going to labor court.
If the company fails to comply with these steps, the measure may be considered void and the reinstatement of the previous conditions will be ordered.
Implications and rights of the worker in the event of contract changes
Before any modification, the worker retains a series of fundamental rights:
- Be informed and notified with sufficient advance notice.
- Negotiate with the company and express your disagreement if you do not agree.
- Have access to compensation if you choose to terminate your contract in the cases provided for by law.
- Challenge any change that you consider unjustified or harmful.
- Receive legal advice during the process through unions, lawyers or the representatives themselves.
What happens if the modification is illegal?
If the change is made without following the procedures, without justified cause or violating any legal right, The worker can file a claim in the Social CourtThe deadline for filing an appeal is usually 20 business days from the date of notification.
The court may declare the modification:
- justified: the change remains.
- Unjustified: The worker recovers his initial conditions and may receive compensation for damages.
- Zero: if fundamental rights are violated or the procedure is omitted.
Recommendations and useful resources
Before accepting any contractual modification, it is advisable to inform yourself and seek advice.:
- Consult the Workers' Statute and the applicable agreement.
- Turn to labor advisory services, bar associations, or unions.
- Always request communication of changes in writing and do not sign anything without fully understanding its implications.
- Take the initiative to negotiate and seek favorable agreements before reaching conflict situations.
Compliance with procedures, adequate justification, and respect for workers' rights ensure that modifying a contract in Spain is legal and effective. It is always advisable to seek expert advice to protect the interests of both parties and avoid potential legal repercussions.
