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Laidback
11-24-2008, 02:35 PM
I reside in Spain and have been working for a UK company for 6 years, they never got around to setting up paying my tax and NIC to the Spanish authorities but continued instead to pay in the UK.
I spend more than the required days per year to be considered tax resident(hardly have left the country), also hold a residency card and do all of my work in this country.

If they now make me redundant do they have to comply with the Spanish employment law regarding minimum redundancy pay and conditions etc.?

Thanks in advance!

Lawbird Lawyer
11-25-2008, 03:24 PM
Dear Sir,

Unfortunately we are not specialised in Labour Law.

Having said this, at no time is the Spanish Social Security going to pay you unmployment benefit as you never contributed to it (or your employer never did).

To be eligible for unemployment pay in Spain you have to at least been contributing (cotizar) for 360 days on the prior 6 years. Depending on how long and how much you've contributed your unemployment will vary.

Please follow this link (http://www.seg-social.es/Internet_6/Trabajadores/Trabajadoresdelmar/EmpleoyDesempleo/Desempleo/index.htm?ssUserText=)in English.

Regarding the issue of redundancy pay if you were hired in Spain and wor here you and your company are subject to our Labour Laws, which includes of course redundancy pay and conditions. However, there are deadlines to claim these.

i.e. imagine you work for a REA and you've been laid off. Your company will have to comply with Spanish labour laws.