The employment contract defines the rights and duties of both the employer and the worker. In the labor context, the need for functional mobility may arise, which occurs when a worker is temporarily designated to perform different functions from those established in the contract. This possibility is provided for in Portuguese law and subject to specific conditions.
Functional mobility
Functional mobility is a right conferred to the employer, allowing it to temporarily change the functions of the worker without the need for consent. However, such a change can only happen if it is a transitory measure and respect the rights of the worker.
What the Labor Code says
Under the Labor Code, the general rule states that workers must perform the functions agreed in the employment contract. However, there are exceptions that allow the employer to designate different functions for a given period.
Article 120 of the Labor Code establishes that functional mobility can only occur if it does not imply a substantial modification of the position of the worker. Thus, the company can request new tasks, provided that they are compatible with the qualification of the worker and are justified by a real need of the company.
Maximum period of functional mobility
The maximum allowed period for functional mobility is two years. After this period, the worker must return to the initially contracted duties. Failure to comply with this rule may lead to sanctions to the employer.
This change must be based on a legitimate interest of the company, such as organizational changes or specific operational needs. This measure cannot be arbitrary or used as a way to penalize the worker.
The worker cannot be harmed
Another essential aspect is that the change in functions cannot result in the deterioration of working conditions. The worker cannot be impaired in terms of workload, working conditions or supplementary labor obligation.
Worker remuneration cannot be reduced either due to functional mobility. The Labor Code states that, even performing different functions, the worker maintains the right to his salary and other benefits.
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Training obligation
If the worker needs to perform tasks for which he has no specific training, the company has an obligation to make the necessary training available within an appropriate period, ensuring that the employee is able to perform the new functions, says.
The worker maintains his original professional category during the period of functional mobility. This means that even by performing different functions, its contractual position does not change, except in an agreement expressed between both parties.
You cannot abuse functional mobility
If the company does not comply with the conditions established by law, it may incur a serious offense. Functional mobility cannot be used abusively, as a way to press the worker to resign or as an instrument of bullying.
The company must ensure that the worker returns to the initial functions after the end of the mobility period. This guarantee protects workers’ rights and prevents functional mobility from being used to professionally devalue the employee.
Compliance with the law
In some situations, employer and worker can negotiate different terms. If both parties are in agreement, it is possible to establish specific conditions for functional mobility, provided they do not violate legal rules.
A temporary solution
Functional mobility must be understood as an exceptional and temporary solution. It cannot be applied indiscriminately, at risk of compromising the employment relationship and the rights of the worker.
Portuguese legislation provides for functional mobility as an instrument that can be used by companies in times of necessity. However, this measure must respect the rights of the worker, ensuring that there are no losses at professional, salary or working conditions.
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