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Modification of Working Conditions

Faced with a change in hours, salary or place of work imposed by the company, you feel helpless,
treated unfairly and you don't know how or when to complain for fear of making the situation worse.

Marbella

Where we’ve been featured in the media

Medio Sur

You have 20 days to act What happens if they impose a change of terms on you?

This situation causes enormous anxiety. We know this because it's the most urgent query we receive:

  • Are you being imposed a new schedule that prevents you from balancing family life or taking your children to school?

  • Have you had your salary reduced based on «objective reasons» that you don't understand?

  • Are you being forced to relocate to a much further workplace?

  • Have your duties been changed to tasks that do not correspond to you?

  • You feel the company is doing what it wants and that you've lost control.

The biggest risk is doing nothing. If you let the 20 working day deadline pass, the change becomes consolidated and you will have accepted it forever.

Legal options:
Challenge the change and reclaim your conditions

You don't have to accept it. The law requires the company to justify real reasons (economic, technical, organisational or production-related) for a change of this magnitude.

Our aim is not just to «claim»; it is to defend your stability, your salary, and your time.

We help you challenge the decision so that a judge declares it unjustified and reinstates you to your original conditions. And if the change is so detrimental that you prefer to leave, we help you request the termination of your contract with the compensation you are owed.

ActionDo nothing (Wait 20 days)Challenge with a lawyer
Your TermsYou accept the change forever (worse hours, less pay, etc.).Real possibility of a judge overturning the change and you returning to your previous state.
Output OptionNone. If you leave, it's a voluntary resignation (no unemployment benefit or compensation).You can request compensated termination (20 days/year).
ControlYou lose control. The company imposes its decision.You regain control and turn up the pressure. The company will have to justify itself.

Why trust FA Lawyers for your change of terms

We don't just file a claim; we defend you so you can regain your peace of mind. Our experience is based on facts:

  • Directed by Antonio Fernández and Elena Pulido. .

  • Over 10 years of experience dedicated to defending workers' rights.

  • Specialists in appeals for substantial modification of conditions.

  • Hundreds of cases like yours successfully advised.

  • High percentage of favourable agreements at SMAC (conciliation) before going to trial.

  • Let's be clear: we'll give you an honest opinion on the viability of your case from day one.

Our process Defence (Steps to appeal)

A substantial change requires acting with speed and strategy. This is our method:

  1. Viability Analysis (Urgent): We are studying the company's letter, your contract and their stated grounds. We confirm the exact 20-day period and give you an honest opinion on the chances of success.

  2. Conciliation (SMAC) We present the conciliation ballot paper. It is the first mandatory step and where we seek a favourable agreement (the withdrawal of the change or compensation) without the need for a trial.

  3. Legal action If the company does not yield in the conciliation, we will file the lawsuit before the Social Court, requesting that the measure be declared unjustified or void.

  4. Judgment and execution We will defend your case in court so that the judge reinstates you to your previous conditions or, if you have requested it, terminates your contract with appropriate compensation.

Case studies of success in Marbella

Case 1: Cancellation of shift change due to family hardship

  • Problem. Customer (retail sector) who was switched from a split shift to an early morning shift, preventing them from balancing work and family life.

  • Solution A claim of challenge was filed, demonstrating the lack of objective causes and family harm.

  • Result: Favourable ruling. The company had to reinstate the worker to their original schedule.

Case 2: Dismissal compensated by geographical mobility

  • Problem. Client (consulting sector) to whom a geographical relocation was applied 80km from their home.

  • Solution A compensated termination of the contract was negotiated, as the client did not want to move.

  • Result: Agreement in the SMAC for the maximum compensation (20 days/year) without the need to go to trial.

Frequently asked questions about amending terms

What is the time limit for challenging a substantial modification?

You have 20 working days (Saturdays, Sundays and public holidays do not count) from the company's notification. It's a very short timeframe, which is why acting quickly is vital.

What do I get if I challenge and win the case?

The judge will order the company to reinstate you to your previous working conditions immediately.

If I don't want to continue, can I leave with compensation?

Yes. If the modification seriously disadvantages you (e.g. geographical relocation or change in working hours), you can request termination of the contract with a right to compensation of 20 days per year worked.

Can a company dismiss me if I make a complaint?

If you do it in retaliation for making a claim, the dismissal could be declared void. The law protects you (immunity guarantee).


Abogados expertos en Modificación Condiciones de Trabajo

FA Lawyers

+34 604 154 580
Av. Ricardo Soriano, 22, Pl. 3, Oficina 2, Málaga

Where is our
Law Firm?

We're in the center of Marbella, with easy access and parking right in front of the office.

Parking

Parking in front of the office.

Phone


Mon–Fri 9 AM – 6 PM
Sat–Sun Closed
Ricardo Soriano Avenue, 22, 3rd Floor, Office 2
29601 Marbella
Malaga