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A material change to your hours, shifts, pay or duties. We look at whether the change is justified and challenge it if it is not.
If you let the twenty working days go by without challenging it, you lose the chance to appeal.
You take on the new condition and carry on working.
When it makes sense When the change is manageable and you want to keep your length of service.
A claim for it to be declared unjustified.
When it makes sense When the employer has not shown the grounds or has not given proper notice.
The contract ends with compensation.
When it makes sense When the change genuinely works against you and you would rather leave.
A material change to working conditions has to be properly justified. Is it in your case?
Have you been notified of a material change to your working conditions? Let us look at it.
The fact that a change to the employment contract is collective does not stop it being challenged. We help you.
If you cannot see any real justification for the change to your working hours, there is another way: challenge it.
Has your employer changed your hours, your pay or your duties? We help you challenge it in time.
Escalera & Tuset · Employment law · Madrid
«Excellent treatment and outstanding professionals. Thanks to Pepe Dominguez Tuset, who resolved my problems.»
You will know who is handling your matter, what your options are and what it is going to cost. No surprises.
Solicitar presupuestoOn +34 911 923 480 or through the form. We get back to you within the same working day.
We review the documents and tell you what your real options are, with their deadlines and their risks.
We give you the cost of the solutions on the table before we start. With no obligation.
A named lawyer handles your matter and keeps you informed at every stage of the procedure.
Yes. The decision applies while it is being decided; refusing to comply can lead to a disciplinary sanction or even dismissal.
20 working days from notification. It is a strict cut-off: call us the same day.
Where it affects hours, shifts, pay or duties, if the change works against you, you can end the contract with 20 days per year, up to a maximum of nine months' salary.
It can also be challenged, either through collective dispute proceedings or individually. We explain which suits you.
The employer has to prove the grounds: we check whether its accounts and production figures genuinely justify them.
First consultation free and with no obligation.
911 923 480Article 41 of the Spanish Workers' Statute provides that the terms of employment contracts may be changed by the management of the employer provided there are justified economic, technical, organisational or production reasons. Put another way: that the material change to working conditions is essential for the company to maintain its productivity and competitiveness.
What counts as a material change to working conditions? Changes affecting fundamental aspects of the job itself, such as working hours, the timetable and how working time is distributed, shift arrangements, the pay system and the amount of pay, working methods or the duties performed. Those changes can also be individual or collective.
The procedure for a material change to working conditions has to be started, as we said above, on justified grounds. Whether that justification exists is assessed by the courts if the change is challenged. Very importantly, however, while the judge's decision is pending the employee has to work under the conditions imposed unilaterally by the employer's management. Otherwise they would lose the right to challenge it.
The court's decision can therefore go one of two ways. It may find the employer's decision justified, in which case the employee has to accept the change. Or it may find the decision unjustified, in which case the employee can go back to working under the conditions that applied before the change.
The employment department handles dismissals, pay, working conditions and claims for unpaid sums.
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