In a recent discussion, lawyer Miguel Benito Barrionuevo addressed the rights of employees when companies unilaterally alter their work hours, responsibilities, or salaries. He emphasized the importance of time in labor law and highlighted that significant changes made by an employer can grant workers the right to severance pay.
According to Barrionuevo, if an employer modifies any of the essential conditions of employment—such as work hours, job functions, or salary—without prior consultation, the employee is entitled to compensation. This is outlined in Article 41 of the Workers” Statute, which defines these changes as “substantial modifications” to labor conditions.
Employees have a limited timeframe to claim this severance. They can request compensation from the moment a change occurs, which should amount to at least 20 days of pay for each year worked, along with nine months of salary. Barrionuevo pointed out that if the modifications were made in the past and the employee can prove that they were not informed of the changes as required by law, they could still pursue compensation.
In cases where an employee can demonstrate in court that a substantial modification occurred without proper notification, they may be eligible for compensation dating back to when the changes were first implemented. If these changes occurred three or more years ago without acknowledgment from the employer, the employee could still seek redress.
This guidance from Barrionuevo serves as a crucial reminder for employees to remain vigilant about their rights under labor law, especially in situations where significant changes may affect their work life and financial stability.
