Substantial modification of working conditions: critical points.
Authorship
M.L.F.
Master in Labour Management (2ª ed)
M.L.F.
Master in Labour Management (2ª ed)
Defense date
02.17.2025 11:00
02.17.2025 11:00
Summary
The substantial modification of working conditions, regulated in Article 41 of the Workers' Statute, is a key instrument within Spanish labor law, designed to balance the need for organizational flexibility of companies with the protection of workers' rights. The main objective of this paper is to analyze this legal figure in depth, exploring its essential characteristics and the particularities of its practical application, as well as to reflect on its nature as a tool for internal flexibility and its impact on labor relations. This figure is approached through the study of the legislation in force and the regulatory framework established in the Workers' Statute, placing special emphasis on the legal requirements for its implementation, the justifying causes that must be met and the procedure to be followed by the companies, whether at an individual or collective level. Likewise, the analysis is complemented with a review of the most relevant case law, providing an empirical view of the conflicts arising from the application of these modifications.
The substantial modification of working conditions, regulated in Article 41 of the Workers' Statute, is a key instrument within Spanish labor law, designed to balance the need for organizational flexibility of companies with the protection of workers' rights. The main objective of this paper is to analyze this legal figure in depth, exploring its essential characteristics and the particularities of its practical application, as well as to reflect on its nature as a tool for internal flexibility and its impact on labor relations. This figure is approached through the study of the legislation in force and the regulatory framework established in the Workers' Statute, placing special emphasis on the legal requirements for its implementation, the justifying causes that must be met and the procedure to be followed by the companies, whether at an individual or collective level. Likewise, the analysis is complemented with a review of the most relevant case law, providing an empirical view of the conflicts arising from the application of these modifications.
Direction
MELLA MENDEZ, LOURDES (Tutorships)
MELLA MENDEZ, LOURDES (Tutorships)
Court
NIETO MONTERO, JUAN JOSE (Chairman)
TORRES GARCIA, BARBARA (Secretary)
GIL OTERO, LIDIA (Member)
NIETO MONTERO, JUAN JOSE (Chairman)
TORRES GARCIA, BARBARA (Secretary)
GIL OTERO, LIDIA (Member)