What is the difference between geographic and functional mobility at work?

Geographic mobility and functional mobility at work, what do you know about these two labor figures that companies use to respond to their current needs?

At DADES i SERVEIS we want to analyze these two concepts carefully to clarify all the doubts you may have about this matter.

What is geographic mobility at work?

  Geographic mobility consists of the transfer or displacement of the employee to a work area that involves a change of residence to another location in order to fulfill professional tasks.

It is also understood that there is geographical mobility when, during a period of three years, there has been a displacement of more than 12 months.

It is worth noting that changing workplaces in the same city is not considered geographic mobility.

We talk about geographical mobility when it affects workers who in principle should not move, but who the company requires them to do so for economic, technical, organizational or production reasons.

There are two types of transfers in this mobility, individual and collective.

And depending on the duration, we find two types of mobility: the transfer or modification of the work center, with a definitive nature or that exceeds the duration of twelve months in a period of three years. And the displacement or change of the work center that is temporary, that is, that does not exceed twelve months in a period of three years. In case it exceeds this, it will be considered a transfer.

And when the company decides to propose a transfer, what options does the worker have? Well, they can accept it and thus be entitled to receive compensation for expenses, both their own and those of their dependent family members, under the terms that are individually agreed upon or that are established in the collective agreement for the change of residence.

The other option is to refuse and terminate the employment relationship with the right to unemployment or to contest the transfer. The claim must be filed within 20 working days of the notification.

Regarding the travel, the worker has the right to receive the corresponding salary, plus travel expenses and per diems. And if they do not agree, they can appeal the measure before the courts of social jurisdiction.

On the other hand, what is functional labor mobility?

  One of the phenomena that has become more widespread, especially in recent times, is precisely that of so-called functional mobility. It consists of assigning workers functions that, in principle, would not correspond to them, a provision regulated in article 39 of the Workers' Statute, which also states that this worker will be entitled to the remuneration corresponding to the functions that he effectively performs, except in the case of assignment of lower functions, in which case he will maintain the original remuneration.

When a company hires a worker, it does so to perform certain functions. However, in practice, it may happen that others are assigned, either due to the company's current needs or due to the worker's own peculiarities. This functional mobility is permissible in some cases and in others it violates the rights of workers.

This circumstance, which in principle would be exceptional, in some companies becomes a common practice that will be permissible as long as the worker's dignity is not harmed.

How many types of functional mobility are there?

The Spanish legal system contemplates the existence of two types of functional mobility: horizontal, also called ordinary because it is the most common in companies, which is characterized by the change of activity of the worker within the same professional group, according to the decision of the company's management.

And vertical or extraordinary mobility, which consists of assigning the worker to perform functions different from those of their professional group, whether those of a higher or lower professional group. In any case, and as we said previously, the dignity of the worker cannot be violated.

Naturally, this possibility of modifying working conditions and task assignment has limits. With regard to horizontal or ordinary functional mobility, changes have no limits except for the dignity of the worker. However, with regard to vertical or extraordinary functional mobility, the change must be made whenever there are technical and organizational reasons that justify it.

Within this assumption, we can also distinguish upward functional mobility in which the worker is asked to perform functions that are entrusted to workers with a higher professional category but only if technical or organizational reasons are justified in the company, the workers' representatives are notified and only for the time necessary to attend to them and of course without undermining their dignity. The worker can claim the salary difference that the work they are currently doing involves. In addition, if they perform these functions for a period exceeding six months during a year or eight months during two years, they can claim a promotion to the company's management.

In any case, the company will not be able to justify the lack of adaptation to these functions or the ineptitude that has occurred as causes for an objective dismissal, since these do not appear in the contract that was signed at the beginning of the employment relationship.

And to apply the employment figure of downward functional mobility, the employer must justify that the reason is due to urgent or unforeseeable and extraordinary needs. In any case, they cannot disrespect the dignity of the worker.

Not accepting these changes means terminating the employment relationship. In this case, the worker will receive compensation of 20 days per year worked, with a maximum of nine monthly payments and will be entitled to unemployment benefits.

If you need more information, do not hesitate to contact DATA and SERVICES.