. In other words, it’s not just a change of company, but also a continuation of the staff performing the cleaning tasks.<\/span><\/p>In our experience, this mechanism is designed\u00a0<\/span>to protect workers’ rights and guarantee job security<\/span><\/strong>, preventing them from losing their jobs every time there is a change in contractor. At the same time, it allows the service to continue without interruption, which is especially important in communities, offices, or spaces with daily cleaning needs.<\/span><\/p>When does it apply?<\/span><\/h3>It is mandatory when the collective agreement for the cleaning sector so establishes and a series of conditions are met.<\/span><\/p>- It is activated\u00a0<\/span>when there is a change of company awarded a cleaning service<\/span><\/strong>\u00a0that has been provided continuously, as happens in homeowners associations, offices or shopping centers.<\/span><\/li>
- It is necessary that the\u00a0<\/span>workers<\/span><\/strong>\u00a0be assigned to the service for a specific period and that\u00a0<\/span>the requirements established in the collective agreement be met<\/span><\/strong>, such as seniority or working hours linked to the workplace. Therefore, each case must be analyzed individually, since not all situations automatically imply the obligation to transfer the staff.<\/span><\/li><\/ul>
Difference between subrogation and change of company<\/span><\/h3>One of the most common mistakes is thinking that changing cleaning companies always implies automatic transfer of employment, when in reality they are different concepts. Changing companies simply refers to replacing the service provider, while transfer of employment implies the obligation to retain the workers who were performing that work.<\/span><\/p>In practice, this means that\u00a0<\/span>there can be changes of company without subrogation<\/span><\/strong>\u00a0if the legal or collective agreement requirements are not met.<\/span><\/p>However, when\u00a0<\/span>the transfer of employment contracts is applicable, the new company cannot freely choose the staff<\/span><\/strong>; instead, it must take on the existing employees under the established conditions. Understanding this difference is key to avoiding conflicts, claims, and legal problems for both the community and the incoming company.<\/span><\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t