Can int?l company legally transfer me to work/live in another country?
Posted: 30 May 2012 07:04 PM  
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I have been in Spain (Barcelona) working for a global company for 4 years on a Spanish contract and terms. My job has involved some travelling. Now, however, the company have offered me the “opportunity” to work and live in a Nordic country. I do have to relocate.

If I refuse to do so, would I be quitting my job, or would the company need to fire me?

Suppose its important in terms of getting my “finiquito” and paro - right ?

Thanks. T

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Posted: 30 May 2012 07:34 PM   [ # 1 ]  
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Hello Mulen:

You say the company has offered you this opportunity, which as I read it means you can discuss/negotiate the matter with them, rather than giving an outright refusal. 
Best to avoid any knee-jerk reaction like “quit my job”.  If you quit the job you are doing so of your own accord.
Jobs are thin on the ground in these difficult times, as I am sure you have noticed. 

Your company is a global company, so you would be aware from the outset that you could end up working in another country at some time.  And anyhow, in the wider scheme of things, nothing stays the same forever.
Is working in a Nordic country for a couple of years such a terribly bad thing?  Would it not, perhaps, advance your career?

Advice is to have a talk first with the company (their human resources department).

Patricia

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Posted: 30 May 2012 07:52 PM   [ # 2 ]  
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Well - the offer is sort of like “Go to work in Stockholm… or leave the company”. I am Swedish, have been in Barcelona for 8 years, my girlfriend is Catalan - so yes, going to Sweden is not an option (no pun intended)

I do have an opportunity on hand to work in Barcelona, in case things get dodgy, but I want to make sure that it is the company?s decision to break our contract. Which then entitles me to the finiquito, in my case is substantial help to start a new company.

So given this - what is your call on this?  Thanks again!

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Posted: 30 May 2012 08:09 PM   [ # 3 ]  
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Well, there is no telling how the company might react. 
Leaving that aside, I feel your best bet is to consult an expert in employment law and see what s/he has to say in this particular case.  An expert can also tell you whether the company can, in fact, gives this kind of ultimatum.  It is likely that the company can do so, particularly as it is a global company.  You might also be advised to show an expert a copy of the contract you presently have with the company.
Armed with the correct information from an expert you can then discuss the matter further with the company.

Your wish not to return to Sweden (even though you are Swedish) is, of course, based on personal reasons, not work reasons.

In passing, what do your colleagues/friends have to say/advise on the matter?

Best wishes
Patricia


Well - the offer is sort of like ?Go to work in Stockholm? or leave the company?. I am Swedish, have been in Barcelona for 8 years, my girlfriend is Catalan - so yes, going to Sweden is not an option (no pun intended)

I do have an opportunity on hand to work in Barcelona, in case things get dodgy, but I want to make sure that it is the company?s decision to break our contract. Which then entitles me to the finiquito, in my case is substantial help to start a new company.

So given this - what is your call on this?  Thanks again!

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Posted: 30 May 2012 08:28 PM   [ # 4 ]  
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Just checked with a local law firm and they?d charge me 250 bucks even before looking at my case - is that normal ?

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Posted: 30 May 2012 09:25 PM   [ # 5 ]  
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Mulen:

Please check out a “graduado social” (Un Graduado Social es un asesor jur?dico en materia socio-laboral)
To locate one in Barcelona check out the site of the Colegio Oficial de Graduados Sociales de Barcelona. 
I have googled, but I believe I am not allowed on here to put up the link for one I did find…
This particular one I notice even gives his fees for each particular procedure and a “consulta” with him is ?40.

Tell you what, I’ll send you a link via PM and you can check out for yourself.

Patricia

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Posted: 30 May 2012 11:24 PM   [ # 6 ]  
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Thanks a LOT Patricia. Will check it out!!!  Un abrazo!!!

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