The diffuse concept contours «substantial alteration of the worker conditions» and the Law 3/2012

Abstract

This article analyses, from a doctrinal, but especially jurisprudential and judicial point of view, the scope of application of the legal institution regulated in the article 41 ET, that is to say, the substantial alteration of the worker conditions, bearing in mind the recent reform carried out by the Law 3/2012.

In this way, this article studies the problems and issues that raise on its concept, configuration as an open or closed list, included and excluded conditions, and its qualification as collective or individual. In fact, the raison d'être of the legal rule of this legal institution is the maintenance of the contracts of employment and avoiding the destruction of employment.