Article 40 of the Workers’ Statute, when speaking of geographical mobility states that “The transfer of workers who have not been hired specifically to provide services in companies with mobile work places or to travel to a different workplace of the same company, which requires a change of residence, must be justified for economic, technical, organizational or production reasons, or by contracts relating to the business“.
How should notice be communicated?
If the temporary movement of the employee involves a change of residence but not a permanent change and does not exceed 12 months over a period of 3 years it is sufficient to notify to the worker at least 5 working days in advance, where the transfer is for a period longer than 3 months.
If the employee refuses?
In case of temporary displacement, the employee cannot exercise the extinctive option in their contract of employment which would entitle them to receive compensation of 20 days per year to a maximum of twelve months salary, as this option can only be used when a transfer is final and permanent.
If the temporary transfer actually takes place, as it involves the provision of services abroad it will be necessary to see if there is bilateral agreement in relation to Social Security signed with Spain in the country of destination. If this country does not have a bilateral agreement, the employee must make contributions in Spain as if there had been no transfer in order to keep their benefits intact on their return and to ensure that they do not suffer any loss. The employee must also comply with the Social Security regulations in the destination country while providing services in that country to ensure all contributions are recorded.
It is recommended that the company take out a travel insurance policy to cover any contingencies that the employee may suffer while working in countries which have no bilateral agreement on Social Security signed with Spain.
This article is not considered as legal advice.