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3Material modifications to working conditions

Employers may make material modifications to the working conditions of their employees (working hours, timetable, salary, functions, among others) provided that there are proven economic, technical, organizational or production-related grounds and that the legally provided procedure is followed (15 days’ advance notice where individual workers are affected or a consultation period with the workers’ representatives in the case of collective modifications).

There is also a specific procedure to opt out of the working conditions established in the applicable collective labor agreement (whether at industry or company level) on economic, technical, organizational or production-related grounds. In this case, since the conditions were established by collective bargaining, a consultation period must be followed, and only if an agreement is reached or the legally established procedures are fulfilled (arbitration, or the National Commission of Consultation of Collective Bargaining Agreements), the conditions can be left with no application. The agreement must establish the new working conditions applicable at the company and their duration, which may not extend beyond the moment at which a new collective labor agreement applies at the company.