Can a Company Unilaterally Change Its Employees’ Work Schedule?

Can the work schedule be changed without agreement?

In principle, the work schedule is a condition agreed upon between the company and the employee through an employment contract and governed by the applicable collective bargaining agreement. This means the work schedule cannot be changed unilaterally, unless there is legal support for doing so.

Still, the Spanish Statute of Workers’ Rights (Estatuto de los Trabajadores) provides for two distinct legal mechanisms to manage schedule changes:

• Irregular distribution of working hours (Article 34.2 ET)

• Substantial modification of working conditions (Article 41 ET)

 

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What is irregular distribution and when can it be applied?

A company may unilaterally modify up to 10% of the annual working hours in terms of how they are distributed, provided that:

• There is no collective agreement or contract clause establishing other limits

• Minimum daily and weekly rest periods are respected

• The employee is notified at least 5 days in advance

• Any discrepancies are compensated within 12 months

This is not considered a substantial modification, but rather a form of internal flexibility permitted by law.

What if the change is more significant?

The law deems certain changes to be substantial, including those that affect:

• Working hours

• Work schedule

• Shift systems

• Job functions, if significantly altered

• Work location

• Compensation systems

For example, changing from a Monday-to-Friday schedule to a Monday-to-Sunday schedule — even if this range was included in the original contract — is considered a relevant alteration if a consistent, unchallenged practice had established the previous schedule as a more favorable condition.

Recent case law: The customer service schedule case

The Spanish Supreme Court ruled that a unilateral change in schedule from Monday-to-Friday to Monday-to-Sunday in a customer service company was invalid.

Although the original contract allowed for work from Monday to Sunday, a sustained and unchallenged practice over several years had consolidated the Monday-to-Friday schedule as an acquired right.

The Court determined that such a condition cannot be altered unilaterally without following the procedure outlined in Article 41 ET, which includes negotiation and justification.

What requirements must a company meet to change the work schedule?

The modification will only be valid if there are objectively justified reasons, which must be: Economic, technical, organizational or production-related. Examples include:

• Internal restructuring to improve productivity

• Changes in customer demand

• Implementation of new technologies

• Economic downturns

What must a company do to change the schedule?

The legal process requires:

• Written notification to the employee with a minimum notice period of 15 days

• Clear justification based on economic, technical, organizational, or production-related causes (ETOP)

• Consultation with legal employee representatives in the case of collective modifications

The employee may then:

• Accept the change

• Legally challenge the decision

• Request termination of the contract with compensation of 20 days per year worked (up to a maximum of 9 months)

What happens if the company does not justify the change?

If the schedule is changed unilaterally, without objective cause or proper consultation, the change may be challenged and declared null or unjustified.

In that case, the affected employee may:

• Demand reinstatement of their previous work schedule

• Request termination of the contract with compensation

• In some cases, seek higher compensation equivalent to an unfair dismissal

Key points for companies to act lawfully

Before changing a work schedule, a company should:

✅ Determine whether the change is substantial
✅ Properly document the organizational justification
✅ Consult with employee representatives, if applicable
✅ Assess the individual and collective impact
✅ Seek legal advice to avoid procedural errors

Does your company need to change employees’ work schedules?

At Adlanter, we help companies plan and implement organizational changes in full compliance with Spanish labor law. You can also consult our advisory services for dismissals and labor disputes to protect your company.