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Hola, tengo 56 años y llevo trabajando en la misma empresa 38 años. Actualmente desarrollo mi trabajo en la sección de mantenimiento, hace unos días la dirección de la empresa nos ha reunido a todos los trabajadores de esta sección y nos ha comentado que a partir del mes de mayo pasaremos a pertenecer a otra empresa que va a llevar el servicio de mantenimiento. Nos comentan que seguiremos desarrollando the same work, in the same position and the same workplace, with the same seniority, status and salary. Our opposition to tell us we can not deny, give us a new contract that puts based on Article 44.1 of the status of workers. Is it true that we can not deny? Is this action legal? Thanks


is a succession of companies so obligatioriamente, the new employer shall be subrogated in the rights and obligations, labor and social security of the former.

As for the possibility of workers to refuse to join the new company, Community case law - ECJ judgment January 24 2002 - recognizes the right of workers to refuse to have your employment contract is transferred to the new employer but this has to be compared with the laws of each member state.

In our case, employee may refuse to pass the business transferred but the transferor employer - what was your company - you can choose take measures providing for the English legislation as change function, transfer, dismissal for objective reasons .. .

The final decision is, therefore, the employer.

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Hello, Argentina, 6 years ago I live in Spain and I have a son who turns 18, with a residence permit for family reunification. He now has to renew and we can not apply for residence permit and work independently or follow with a green card assembly.

the relatives are those who depend on legal and / or economically with the applicant and are not separated spouse of fact or law, children under 18 and unmarried, whether the applicant and their spouse ; legally incompetent persons whose legal representative is the sponsor and direct ancestors (parents) over 65 years that prove to have a significant level of dependence on agrupante.

For your son, the fact of reaching majority age (18) does not mean that you can still have your green card through family regraupación. The link should be maintained and only show that he is financially dependent on you. However, if what he wants is access to an independent residence permit, must provide proof of age and present a job offer, or, if having spent 5 years in Spain, only prove that it has reached majority age.

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Unemployment Unemployment

Hello, I am a working

education sector. I worked for two years in a center and when I fulfilled the contract, collect unemployment for 2 months. As I got another job, stop the delivery charge and took nearly two years in my new job, but the contract meets me in about 4 months old. What provision could be charged later? Can I add the above to which I have generated in recent years?


As your current job had a longer than 12 months , you recognize a new unemployment benefit . Not having spent the previous delivery, can choose to writing within 10 days from above collect unemployment for the time you had left and with bases, rates and caps that you correspond; or , receive a new benefit generated by new contributions paid.

So you choose. If your previous service was more or you stay longer, opt for the former. If, however, for the past two years, have a higher base price, then choose this última.Eso yes, lose the pre-effects of unemployment benefit. Remember

in any case the amount of the benefit take into account the contribution base the last 180 days - 3 months - Social Security contributions for the contingency of unemployment. 3 months paid 70% of the base and from there, 60%.