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#40508 - 03/21/01 10:59 AM please help me (soon laid off in Spain: my rights?)
SWE Offline
Junior Member

Registered: 03/21/01
Posts: 3
Loc: Madrid, Madrid, Spain
Hola a todos,

This is the first time that I have posted on this board, so I'm not sure if I am in the right place or not.

Anyway, I have a huge problem and perhaps someone can help me.

Last year I was offered a job with an American company whose European headquarters are in Spain. So, I packed up all of my things and moved to Madrid to start work. The company paid for me to get my work visa processed and after 9 months, I am finally a Spanish employee eligible to work in Spain for 1 year.

However, in the last 6 months, the company has been losing many projects and down-sizing...a lot. They have already let 50% of their staff go. I am afraid that my job is in jeopardy too(though I haven't lost it yet!).

My questions are: What are my rights in this situation? Can they just lay me off and then I have to return to the US? Or am I eligible for any kind of un-employment or job placement services?

If anyone can offer any advice - I would be very grateful. I am really worried and I don't know where I can find information on this subject.

Muchas gracias!

SWE

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#40509 - 03/21/01 12:41 PM Re: please help me (soon laid off in Spain: my rights?)
Asterault Offline
Member

Registered: 01/22/01
Posts: 560
Loc: Gijón
As I understand, if you have a tarjeta de residencia/NIE you are able to work in Spain. Your 'new' employer will issue you a contract then and you're set.

I suggest www.infojobs.es

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#40510 - 03/21/01 12:47 PM Re: please help me (soon laid off in Spain: my rights?)
pixel_grrl Offline
Junior Member

Registered: 03/13/01
Posts: 13
Loc: Vancouver Canada
SWE..... did it really take you 9 months to get everything in order with your visa? wow.... do you mind if i ask you what kind of work you do? and how you went about finding a company in spain?

sorry i don't have any help for you on what happens if you get laid off.... but if you do find out the answer could you post it here? thanks!

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#40511 - 03/21/01 01:25 PM Re: please help me (soon laid off in Spain: my rights?)
Nativo Offline
Member

Registered: 02/17/01
Posts: 340
Loc: Madrid
Two important points on that, first if you have your residence card, there are certain conditions that regulate the fact of you staying. I will suggest you to check your situation with the human resources people in your company. (remember that these things are more openly talked than in the States). If you company is bigger than 500 employees in Spain the must have a Union representative, he can assist you in finding counseling.

If your company is paying social security charges for you, you are eligible for "paro" benefits, the only problem is that with less than a year working in the company they are small.

In any case, get legal assistence, remember that spanish labor law tends to favor the worker, so even if fired you shouldn't have problems in extending you residence provided that you have correctly adviced in the way to proceed.

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#40512 - 03/21/01 01:26 PM Re: please help me (soon laid off in Spain: my rights?)
SWE Offline
Junior Member

Registered: 03/21/01
Posts: 3
Loc: Madrid, Madrid, Spain
Hello all,

Firstly answers to the questions:

Pixel_grrl:

I am a project manager for an IT consultancy firm. I applied for a job with a US company and they told me that they had an opening in the Madrid office. So, here I am today...

Yes, it took me 9 months (including my flight back home and paper pushing) to get my visa processed. I also had the help of my company's lawyers.

Again, all, maybe didn't make myself all that clear, but does anyone know my rights as a foreign employee in Spain who gets laid off? Asteralt, as much as I'd like it, I don't have a new employer, only my old one where I feel like I am going to lose my job soon...


Thanks for any input!!

Worried in Madrid,

SWE

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#40513 - 03/21/01 10:29 PM Re: please help me (soon laid off in Spain: my rights?)
Asterault Offline
Member

Registered: 01/22/01
Posts: 560
Loc: Gijón
Send me that resume by the way lsigler_1@yahoo.com

But start submitting at the link above.

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