When your employer changes your job

It covers temporary layoffs or reduced hours (ERTE), changes to your role, schedule or pay, being asked to move workplace, an employer opting out of your agreement's pay terms, and a company sale that changes who you work for. It does not cover dismissal itself, unemployment benefit during an ERTE, or court procedure.

It is written for people planning or making a move to Spain, including those who find themselves in one of these situations after they arrive.

Start with "Five ways a Spanish employer can change your job without ending it". It helps you identify which tool your employer is using. Then go to the page that matches it.

Key rules

• Exit pay after a change: If a substantial change harms you, you can end your contract and receive 20 days' salary per year of service, up to 9 months.
• Exit pay after a move: If you refuse a permanent relocation, you can end your contract and receive 20 days' salary per year of service, up to 12 months.
• ERTE benefit: During an ERTE you receive unemployment benefit at 70% of your regulatory base, and you do not need a minimum contribution period.
• Hour reduction: An ERTE can reduce your working day by between 10% and 70%.
• Change notice: Your employer must give you written notice at least 15 days before a substantial change to your working conditions takes effect.
• Relocation notice: Your employer must notify you at least 30 days before a permanent relocation takes effect.

When your employer changes your job: the whole process, step by step

From first notice to your options

• Work out which tool your employer is using: As soon as you get any notice or announcement

• If it is a temporary layoff or reduced hours (ERTE), check your pay and hours: From the start of the ERTE: you receive unemployment benefit at 70% of your regulatory base, and hours can be cut by between 10% and 70%

• If it is a change to your role, schedule or pay, check the written notice: At least 15 days before the change takes effect

• If the change affects many workers, expect a consultation with your representatives: Up to 15 days of consultation before the decision is notified, then 15 days' notice

• If you are asked to move workplace, check the notice and the reason: At least 30 days before a permanent move; at least 5 working days for a temporary posting of more than three months

• If your employer is departing from your agreement's pay terms, check that the opt-out procedure was followed: After a consultation of up to 15 days, with further steps if there is no agreement

• If your company is being sold, check what is kept in your contract: When the sale is announced

• Choose: accept, challenge in the labour court, or leave with severance: You have 20 working days from notification to challenge a change or relocation

• If you leave over a change that harms you, claim severance: 20 days' salary per year of service, up to 9 months for a change, or up to 12 months for a permanent move

When your employer changes your job: questions that cross several articles

Which tools can my employer use to change my job without dismissing me?

Your employer has five legal tools: a change of working conditions, a move of workplace, a temporary layoff or reduced hours (ERTE), an opt-out from your agreement's terms, and a business sale. Read "Five ways a Spanish employer can change your job without ending it" to see which one fits your case.

Is every change to my duties a substantial modification?

No, only changes to hours, schedule, shift system, pay or performance system, or duties beyond your professional group are substantial. Smaller adjustments fall under the employer's normal powers, though you can still challenge them. Read "When your employer can change your role, schedule or pay (modificación sustancial)".

Can I be dismissed during or after an ERTE?

Yes, but not because of the ERTE causes while the job-keeping commitment applies, which lasts six months after the ERTE ends if the employer received contribution exemptions. Disciplinary dismissals stay possible. Read "Temporary layoff or reduced hours (ERTE) and your pay" and then the article on changes to your role.

What must my employer prove to change my conditions?

Your employer must prove economic, technical, organisational or production reasons and show the change is reasonable and linked to them. A labour court reviews this if you challenge. Read "When your employer can change your role, schedule or pay (modificación sustancial)", and "When your employer relocates you (geographic mobility)" for moves.