Any change in working conditions is an alteration of the routine for a worker. However, there are cases in which these modifications can become so harmful that said worker considers leaving the company. And, in fact, on some occasions they can not only do so, but also have the right to collect compensation.
According to the labor guide of the Ministry of Labor , the key is that these changes mean just cause for the voluntary termination of the worker . Proving this just cause allows the termination of the employment contract, but it must always occur under one of these assumptions:
-Substantial modification of working conditions that cause a reduction in the dignity of the worker. Article 41 of the Workers’ Statute explains that for this to happen, the modification must affect: the working day, the schedule or distribution of working time, shift work regime, remuneration system and salary amount, work system and performance or cases in which the limit of internal functional mobility is exceeded.
-Continued delays or unpaid wages previously agreed.
-The rest of the breaches of the employer, including his refusal to “reinstate the worker in his previous conditions in the cases of geographical mobility and substantial modification of working conditions” in cases of court ruling.
If any of these situations are met and the worker considers that his dignity has been impaired by the change, he may request the termination of his contract. As reported by the Ministry of Labor, it must be requested in the Social Court. If the worker’s request is upheld in this instance, ” the compensation will be those indicated for the unfair dismissal .”
These indemnities are also regulated by the Workers’ Statute, although the 2012 labor reform that made dismissal cheaper adds particularities to said indemnities, which largely depend on the date of signature of the worker’s contract:
-The contracts signed before February 12, 2012 are entitled to 45 days per year worked with a maximum of 42 monthly payments, prorating periods less than one year.
-The contracts signed as of February 12, 2012 are entitled to 33 days per year worked, with a maximum of 24 monthly payments, also prorating periods less than one year.
Work explains that the resulting compensation may not exceed 720 days of work, except in cases where the compensation is greater in contracts signed before February 12, 2012, the limit of which will in any case be the aforementioned 42 monthly payments.
In addition, the ministry also informs that in cases of insolvency or bankruptcy, the Salary Guarantee Fund (Fogasa) will only pay 30 days per year, with a maximum of one annuity, without the daily salary being more than double the Salary Minimum Interprofessional.