When your employer relocates you (geographic mobility)

Key rules

• Notice: Your employer must notify you at least 30 days before a permanent relocation takes effect.
• Leaving: If you refuse a permanent relocation, you can end your contract and receive 20 days' salary per year of service, up to 12 months.
• Temporary postings: The severance exit does not apply to temporary postings.
• Reason: Your employer must give an economic, technical, organisational or production reason.

What counts as a relocation

A traslado is a permanent move to a different workplace of the same company that forces you to change your home. A desplazamiento is a temporary posting that also forces a change of residence, for up to 12 months.

A temporary posting of under 12 months within three years is treated as a desplazamiento. Longer ones are treated as a traslado.

A move is collective if, within 90 days, it affects the whole workplace (when it has more than 5 workers). It is also collective if it affects at least 10 workers in a company with fewer than 100 staff, 10% in a company with 100 to 300, or 30 in a company with over 300.

What your employer must do first

Your employer needs an economic, technical, organisational or production reason for the move. Contracts tied to the company's business activity can also count.

You and your workers' representatives must be notified at least 30 days before a permanent relocation takes effect. For a collective move, your employer must first consult your representatives for at least 15 days.

For a temporary posting of more than three months, you must get at least 5 working days' notice.

Your three choices

Accept the move. You are entitled to compensation for the move's expenses, covering you and the family members you live with. The amount is whatever you agree with your employer or your collective agreement sets. It must cover at least moving and travel costs. For a temporary posting, you also get travel and living expenses, plus days of leave to visit home.

Refuse and leave. This applies to a permanent relocation only, not a temporary posting. You can end your contract and receive 20 days' salary per year of service, up to 12 months. Part years count pro rata.

Challenge the move in court. The labour court can find the move justified, unjustified or null. If it is unjustified, you go back to your old workplace and get your expenses back.

The decision, timeline, checklist and FAQ below help you choose and keep track of the deadlines.

Choosing between options

What do you do when your employer orders a permanent move?

• Accept the move and get your expenses paid: You can move, and you want to keep the job. Your moving and travel costs are covered, for you and the family members you live with.

• Challenge the move in court: You think the move is not justified. A court can declare it justified, unjustified (you return to your old workplace and get your expenses back) or null.

If you refuse a permanent relocation, you can end your contract and receive 20 days' salary per year of service, up to 12 months. This option does not apply to temporary postings.

Timeline and deadlines

• Collective move: your employer consults your representatives: at least 15 days before the move

• Temporary posting of more than three months: your employer gives notice: at least 5 working days before it starts

• A posting that needs a change of residence is temporary: for up to 12 months

• Count the moves that make a relocation collective: all moves within 90 days

• Choose between moving and ending your contract with severance: after you receive the notice

• Challenge the move in the labour court: within 20 working days of notification

Checklist

• Check that the notice gives an economic, technical, organisational or production reason for the move.

• Check that you were notified at least 30 days before the move takes effect.

• Check that your workers' representatives were notified too.

• For a collective move, ask whether your representatives were consulted for at least 15 days.

Frequently asked questions

What compensation do I get if I accept a relocation?

If you accept a permanent move, your employer must pay at least your moving and travel costs, for you and the family members you live with.

When does a move count as a collective relocation?

A move is collective if, within 90 days, it affects the whole workplace (when it has more than 5 workers) or a set share of staff. That share is at least 10 workers in companies under 100 staff, 10% in companies of 100 to 300, and 30 workers above 300.

Can I take severance if I refuse a temporary posting?

No, the severance option applies only to permanent relocations, not to temporary postings. If you disagree with a posting, you can still challenge it in court.

What happens if a court finds my relocation unjustified?

You go back to your old workplace and get your expenses back. A court can also declare the move justified, in which case it stands, or null.