Key factors when being fired abroad
Before initiating any claim, it is essential to consider three aspects :
- Contract Type: Have you been hired by a Spanish or foreign company?
- Applicable legislation: Is your contract governed by Spanish labor law or by that of the foreign country?
- Social security: Are you still paying contributions in Spain or in the country where you work?
Depending on these factors, the process for claiming dismissal will vary.
Below we analyze the most common cases.
Types of contracts and their effects in case of dismissal
Expatriate or displaced worker contract
Spanish worker sent abroad by a Spanish company, maintaining his contract with it.
- Applicable regulations: Spanish labor legislation.
- Where to file a claim: In the Social Courts in Spain.
- Social Security: Contributes in Spain.
For example, a Spanish engineer works in Chile for a subsidiary of his Spanish company.
Your contract is still subject to Spanish law, so in the event of dismissal you can file a claim in Spain.
Spanish worker abroad hired by a foreign company but paying social security contributions in Spain
Spanish worker hired directly by a foreign company, but who maintains his/her contributions in Spain through international agreements.
- Applicable regulations: Labor legislation of the country where you work.
- Where to file a claim: In the labor courts of the foreign country.
- Social Security: Contributes in Spain.
For example, a Spaniard works in Germany for a German company, but continues to pay social security contributions in Spain. Although the employment relationship is governed by German regulations, his or her social security rights remain in Spain.
Spanish worker abroad hired by a foreign company and paying contributions abroad
Spanish worker who has signed a contract with a foreign company and is completely subject to the regulations of that country.
- Applicable regulations: Labor legislation of the country where you work.
- Where to file a claim: In the labor courts of the foreign country.
- Social Security: Contributes in the foreign country.
For example, a Spaniard is hired in the USA by an American company. His contract is governed by US law, and any claim must be made there.
Foreign worker in Spain hired by a Spanish company
Foreigner working in Spain under contract with a Spanish company.
- Applicable regulations: Spanish labor legislation.
- Where to file a claim: In the Social Courts in Spain.
- Social Security: Contributes in Spain.
For example, a Colombian worker is hired in Madrid by a Spanish company. In case of dismissal, you can file a claim in the Spanish courts.
Foreign worker in Spain hired by a foreign company with contributions in Spain
Foreigner who works in Spain for a foreign company but maintains his/her social security contributions in Spain.
- Applicable regulations: Spanish legislation or that of the company's country of origin may apply.
- Where to file a claim: Depending on the contract, the claim can be filed in Spain or in the company's country.
- Social Security: Contributes in Spain.
For example, an Italian works in Barcelona for a company based in Milan, but is listed in Spain. The applicable regulations will depend on the terms of the contract.
Steps to follow if you are fired abroad
If you find yourself in this situation, follow these steps:
check your contract
Carefully examine the clauses related to dismissal, applicable jurisdiction , and the benefits you could receive in the event of contract termination.
Request the dismissal documentation
Request a copy of the dismissal letter and any other official communication.
These documents will be essential to file a claim.
Contact a specialized lawyer
Labor regulations vary from country to country , so having legal advice is key.
An attorney will help you analyze your case and determine the best legal strategy.
Evaluate your claim options
According to your contract, you may be able to file a claim in Spain or in the country where you worked.
It is essential to act within the deadlines established by law.
Your lawyer will advise you whether it is appropriate to initiate an out-of-court claim before going to court.
Frequently asked questions about layoffs abroad
If I am fired abroad, can I file a claim in Spain?
It depends on the employment relationship. If your contract is linked to a Spanish company, you can file the claim in Spain. However, if you work for a foreign company, you must file a claim in the country where you provided services.
What happens to my contributions if I am laid off abroad?
If you continue paying contributions in Spain, your rights to Spanish Social Security will remain the same. However, if you pay contributions in another country, your benefits will depend on the legislation in force in that territory.
How long do I have to claim dismissal abroad?
The time limit varies depending on the regulations of each country. In Spain, you have 20 business days from the date of dismissal to file a claim. It is essential to consult with a specialized lawyer as soon as possible to avoid losing your right to claim.
Conclusion
Being laid off while working abroad can raise a lot of questions.
The most important thing is to identify which regulations apply to your contract and where you can file a claim.
RRYP Global , international labor law attorneys.
