Geographical mobility in the workplace involves the temporary or permanent transfer of an employee to a different company location in another municipality, requiring a change of residence. Despite the move, the employees continue to provide their services at the new location.
Reasons for geographical mobility
- Economic factors
- Technical needs
- Organizational requirements
- Production demands
- Business-related contractual agreements.
It’s essential to differentiate transfers that do not require a change of residence, such as those within the same municipality or nearby, which are considered improper, weak, or non-substantial geographical mobility.
Substantial changes in working conditions are divided into individual and collective cases:
Individual Transfers
Employer Obligations
- Notify the affected employee at least 30 days in advance of the effective transfer date
- Transfers made in successive periods of 90 days, affecting fewer employees than required for collective transfers and without valid justification, may be considered fraudulent and declared null.
Employee Rights
- Terminate the contract: Receive compensation of 20 days’ salary per year of service, up to a maximum of 12 months’ pay
- Accept the transfer: Receive compensation for related expenses
- Challenge the transfer: File a claim in the Social Court if they disagree. If declared unjustified, the employee has the right to return to their original position. If the employer refuses, the employee may request contract termination with compensation for unfair dismissal.
Collective Transfers
A transfer is classified as collective when it involves all employees at a workplace with more than five employees or a significant number of employees within 90 days:
- 10 employees in companies with fewer than 100 employees
- 10% of employees in companies with 100–300 employees
- 30 employees in companies with more than 300 employees.
Employer Obligations
- Consultation Period: Initiate a consultation process lasting no longer than 15 days
- Notify Authorities: Inform the labor authority of the consultation period’s commencement and outcomes
- Notify Employees: Inform employees of the transfer at least 30 days in advance, after concluding consultations.
Employee Rights
- Affected employees may take the same actions as outlined for individual transfers
- Employees can initiate a collective dispute to pause all individual claims until the conflict is resolved.
Geographical mobility may be governed by collective agreements. These agreements often establish compensation for transfers, relocation time and logistics or specific employee rights during the transfer process. Reviewing applicable collective agreements is crucial to understand the specific rules and entitlements related to geographical mobility in a given context.
Geographical mobility requires careful adherence to legal protocols and proper communication between employers and employees. By following established procedures and consulting collective agreements, both parties can navigate workplace transfers effectively while respecting employees ‘ rights.
