Indemnification Package (Swiss or Spanish based?)

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 some of our people and the Group IT function to our head offices in Zurich. I was given the option originally to work over at Zurich and have subsequently signed and accepted the Swiss contract in May 2009 where I have agreed with them to start work in Zurich in August 2009. During then, the arrangement was for me to continue to work out in Spain under the original Spanish contract and continue to contribute towards the local Spanish payroll and social security system but earning the Swiss-equivalent pay during the interim period i.e. where they would extinguish Spanish contract and pay end July 2009 to coincide the commencement of my Swiss contract in August 2009.

However, there was a change in personal circumstances since the signing of the new Swiss contract during then, my wife became pregnant. I have managed to negotiate the company to extend my temporary stay in Spain during the whole of month of August with the intention to move out to Zurich beginning September 2009. I have attempted to renegotiate with the company to further extend this temporary period in Spain to cover off the entire term of my wife´s pregnancy because I was concerned at this time the health of my wife´s pregnancy. The company did not allow to further extend my temporary stay in Spain. However, the agreed to either transfer to Zurich in September or continue to work in Spain "under the same conditions like before the office closure was announced until further notice. ‘Until further notice’ meant until the company has a suitable replacement in Zurich". My question is this, are they right to revert back to my Spanish contract and pay if I decide not to move out to Switzerland and hence be subjected towards indeminification package under Spanish law? If not, should the indeminification calculation be Swiss based or a mixture between the both even though I have not officially moved to Switzerland during the time?

Thank you for your attention.

That would certainly revert back to the Spanish contract if you don't accept the Zurich terms. Or worse--they could deem you to have no contract and to have breached your obligation, and dismiss you.