Spain opens its doors to foreign talent

Spain opens its doors to foreign talent: how international transfers are carried out to protect rights and avoid legal conflicts

International mobility continues to grow, and more and more companies are transferring part of their teams to Spain. Against this backdrop, Carmen Galán, partner in Lener's Employment Law Department, and Eduardo Vaquero, associate in the same area, took part in a report by Confilegal analysing how companies should prepare to organise international transfers with full legal certainty.

Lener's professionals analyse one of the most sensitive issues: in which cases could a mass transfer be considered a covert collective dismissal? As they explain, this situation may arise if the measure is subject to Spanish legislation and European directives, if the process results in redundancies that count towards the thresholds for collective dismissal according to the doctrine of the Supreme Court, or if it does not comply with the formal requirements for information, consultation and procedures.

In this context, consistency in decision-making, documentary traceability and scrupulous respect for labour guarantees are essential to ensure that a global project does not lead to legal contingencies.

See full report ➡️ España abre la puerta al talento extranjero: así se hacen los traslados internacionales para proteger derechos y evitar conflictos legales - Confilegal

At Lener, we continue to support national and international companies in labour processes, reorganisation, mobility and talent management.