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No. The employer is not allowed to transfer the worker to another job location except when required in the interest of the company, or where the change is the result of the total or partial move of the establishment in which the worker renders their services if this transfer does not cause serious damages to the worker. In these cases, the employer should calculate the cost of the transfer to the worker, which results from increased travelling expenses and the change of residence.
Serious damages are real and objective damages which have a decisive, negative influence on the life of the worker. Or rather, mere inconveniences or disturbances are not considered to be serious damages, but only facts which affect the life of the worker in a serious, important and harmful way. Damages are suffered when the transfer involves a significant increase in the time spent travelling to work or causes great upset to the family.
If the worker considers that the transfer causes serious damages to their life, they must present their reasons in writing to their employer.
Yes. The worker may rescind the contract if the transfer of the job location is the result of the total or partial move of the establishment where they render their services and if this change causes serious damages, and in this case the worker has the right to compensation to be fixed between 15 and 45 days of basic wages and seniority bonuses for each complete year of seniority.
Yes. The decision to transfer the job location has to be communicated to the worker, correctly explaining the reasons for the move in writing, 30 days in advance, in the case of the change resulting from a total or partial move of the establishment in which they work, or 8 days in advance if the move is temporary and is for a period not exceeding 6 months, except where the change is for unforeseeable reasons