Hi Marbella,

A friend of mine is employed by a local business. She is due to sign her indefinido contract but her employers have said she also has to sign a 'vaca invuluntario' (no idea how to spell it!). People have said that it is basically signing your resignation to be used whenever the employers see fit. Is that right?

If anyone could tell me what it all means and what her options are I would be very grateful. Cheers for your time.

Cameron

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Michael Cameron (+34)691 220 585 info@definitionevents.com

www.DefinitionEvents.com

Hi Cameron,

I think "vaca" means cow. I think you might mean "baja".

:o)

I will ask one of my accountants and lawyers as that does not sound "right".

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123 Marbella Web Design and Internet Services
For Web Design in Marbella Spain
please visit www.123marbella.net

Hi Craig,

Yer, cow doesn't sound right at all!

Cheers for your help, I look forward to hearing from you!

Cameron

 

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Michael Cameron (+34)691 220 585 info@definitionevents.com

www.DefinitionEvents.com

Hi Cameron,

According to the Gestoria that deals with our employment issues, if she signs the extra bit of paper, it means that if they decide to make her "redundant", ie sack her or actually make her redundant, then they can prove it was a voluntary resignation, whereby they get out of paying any compensation to her and she will also not be entitled to any unemployment benefit, which she would be entitled to if she was let go.

In my opinion, as an employer myself, I would never dream of asking someone to sign something like that, its just bad manners really.

Oh and its also totally illegal.

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123 Marbella Web Design and Internet Services
For Web Design in Marbella Spain
please visit www.123marbella.net

That's great! Thanks so much for finding out and then letting me know.

I've just phoned my mate to tell her and she says she won't sign it. However, she told me that her contract actually ran out last week, if she doesn't sign now can they just not renew the contract and leave her out of work anyway?

Cheers again, mate.

cameron

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Michael Cameron (+34)691 220 585 info@definitionevents.com

www.DefinitionEvents.com

Hi Cameron,

It depends on which contract expired.

If she is at the stage where they are obligated to offer her a permanent contract (usually after 9 months employment), then they have to either offer her that or let her go.

The spanish employee contract system is a bit complex and there are various contract lengths the employer can choose from, but they have to stcik to the one they choose in the beginning. Whatever happens, an employer has to offer an employee a permanent contract after 9 months of continuous employment, otherwise the employment comes to an end.

If they are basically saying that they wont hire her unless she signs a bit of paper waiving them of their legal responsibility in the case they have to make her redundant, then, and I say this without having any legal experience and not being a lawyer, surely she is in a position to report them or take them to court in the case they actually do not hire her.

The only problem she would have is proving it which is why I am wondering if they have made a formal offer on paper for permanent employment in the form of the permanent contract itself.

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123 Marbella Web Design and Internet Services
For Web Design in Marbella Spain
please visit www.123marbella.net