La extinción de la relación laboral por modificación sustancial de las condiciones de trabajo

Abstract

Article 41 of the workers' statute empowers the employer to substantially modify the working conditions of the employment relationship unilaterally, usually to the detriment of the employee, provided that there are economic, technical, organizational or production reasons related to competitiveness, productivity or the organization of technical matters or work-related aspects in the company. If the employee does not agree to the measure, in addition to impugn it judicially, he/she may request the termination of the employment relationship with the right to a payment compensation of 20 days per year of work and a maximum of 9 months, in addition to becoming legally unemployed, as long as he/she proves the company has caused a grievance, the burden of proof for which would correspond to the employee.