Employment rights to remain work in Spain and not move to Switzerland

[ssadek]

Hello,

I have a question concerning my personal situation with the employer. The employer have decided to close down our offices in Madrid and transfer people and operations out of our head offices in Zurich. I have signed and accepted the Swiss contract but have agreed with them initially to continue to work out of Spain due to my wife pregnancy. So we have agreed to delay my move until September 2009. I currentlly pay my salary to the Spanish pay system and tax contributions so I am subject to the local Spanish labour system by default even though I have contractually signed up to the Swiss contract. However, I am worried about leaving my wife here in Spain alone when I do make the move eventually to Switzerland. She has had a previous miscarriage so by default, the current pregnancy does have a risk attached which explains why I am hesitant for her to join me in the first instance. I would like to know about my rights as an employee to remain to continue to work out of Spain until such time my wife delivers the baby or explore other options such as sabbatical leave whilst forcing employer to guarantee my job.
Any help on this topic would be greatly appreciated.

My Swiss contract states the first three months from Aug 2009 remains fixed period whereby neither the Company or the individual can instigate termination of employment. Following this fixed period, there is 3 months notice period. Question here is about my rights concerning continuation to remain and work here in Spain to see through my wife's pregnancy.

Thank you for your attention.

[able1]

You are now governed by the Swiss contract but of course you can negotiate any temporary solution that the company may accept. It is allowed to be temporarily in Spain under the Swiss contract and under Swiss and Spanish law.

You normally unfortunately would not have a right to require them to let you stay in Spain.

[ssadek]

Thanks for the response. I do agree I have a flexibility to remain in Spain for a bit more time but with intent to eventually move out there which I do want to.
I was contemplating to renegotiate with my boss in Zurich on the basis to remain in Spain to cover the entire duration of my wife's pregancy until labour day which she is due in March 2010. From that point on I would be more than willing to move out there no problem.
If the flexibility factor you mentioned by law prohibits me to stay until that long i.e. March 2010 which I doubt because I would only ask to address my wife's pregnancy term and not a moment longer, what other cost-effective methods do I have to show the intention factor to relocate out there? Renting a flat out in Switzerland is out of the question as it is complicated and impossible. I would need to be physically there as I have been informed through other colleagues who are there that it's like going to an interview where I would need to show the Swiss work contract, Swiss permit (which I do not have currently), CV, salary, etc. The other plausible possibly irrefutable evidence would be the flights to Zurich and the additional administrative charges I have had to incur as result of changes made, a sizeable amount I hesitate to add, which I have purchased and re-purchased during the course of previous months following the May contract signing. All of which I would be able to show as the level of intent from my part mentioned.

One other aspect, if I have no right to require the Company to allow me to remain in Spain under temporary basis, what would happen if I refuse entry into Switzerland given the above mentioned current state of affairs, and remained in Spain until my wife gives birth or pregnancy clears? Would this present a case for constructive dismissal from the Company and what would this mean to me personally?


Thank you.

[ssadek]

When providing a response to my previous posting, I have had another thought that I would appreciate if you could advise me on. My wife is indeed suffering from emotional stress concerning my iminent move to Switzerland in Sep 2009. Given this additional factor, how much would this influence the balance of legal right forcing the company to accept my temporary displacement in Spain to cover the whole term of my wife's pregnancy? Surely this argument would greatly balance towards my favour, with or without a qualified doctor's certificate affirmation.

Once again, your advice on this is greatly appreciated.