Ferrovial ignores the Government and unleashes fear of more business leaks
The news of the week has been the
announcement
by
Ferrovial
of the
transfer of its headquarters to the Netherlands
.
In the statement in which the firm made it public, it assured that the "change of employer" would be the "only direct consequence for the workers", although it also provides that "certain employees voluntarily relocate to the Netherlands" and that
others
"
be relocated
and become employees of other subsidiaries of the Ferrovial Group in Spain".
In both cases it would be "
voluntary
transfers or relocations , which would be carried out respecting the consolidated rights of workers and their working conditions," the company assured.
However, the news and the fact that in
2021
Ferrovial, by selling its services subsidiary, already
cut the workforce in the country from 30,000 people to 5,500,
cast doubt on whether this promise will be fulfilled.
The very second vice president of the Government and Minister of Labor,
Yolanda Díaz
, to whom the president of the group,
Rafael del Pino
, had assured that employment would not be affected, publicly asked again this Thursday to fulfill his promise: "I am against of this decision.
I urge Ferrovial to keep the jobs in this country
, more than 5,000 as well as all the investments," he asked in an interview with
Ser
.
A petition to which the
unions
have joined , which show their concern about the future impact on the workforce.
From the
CCOO
they point out that "in addition to this initial tax saving, this type of operation normally causes a drag effect on other business units of the company, such as Central Services, with a double loss of employment
and taxation
, in other taxes such as VAT and personal income tax with the transfer of a relevant part of its people with the highest salaries to the Netherlands";
while in
UGT
they believe that
"his departure will not favor the squad".
Therefore, they ask the firm to reconsider their decision.
Even though the company has not communicated its intention to make a change in its human resources, lawyers consulted by this newspaper affirm that in this type of situation it is the most common occurrence.
"A collective transfer can be carried out, although usually this type of situation gives rise to a mixture of mechanisms. On the one hand,
dismissals for those who do not want to transfer,
which depending on the figures could lead to a
collective dismissal,
and then perhaps in the social plan of this collective dismissal, negotiate
alternative measures
that can range from the
transfer
of employees,
voluntarily
or
unilaterally
by the company (the latter seems less logical, considering the type of issue and Ferrovial's approach to its workforce in general), to
encourage teleworking
without the need to move to the new headquarters or even maintain part of the workforce in Spain, either in their own offices, or in typical coworking sites", they explain to this medium from the labor area of an international law firm.
From the
Hogan Lovells
office , they believe that "in the short term
the measure is not likely to have a direct impact
on the workers of the Ferrovial group, beyond the impact it may have on certain positions linked to the company's senior management", but warn that "
in the medium and long term,
it may be evidence that
Ferrovial seeks to reduce its exposure to the Spanish market
and increase its position in other international markets"
"This could indeed lead to a progressive
loss of relevance
and, consequently, of
jobs
in the current structure of the group in Spain," he points out.
Alfredo Aspra
, labor lawyer partner of
Labormatters
, explains that "in principle, the change of registered office does not have any labor implications; from the labor point of view, the registered offices are irrelevant, what matters is the place of provision of services. Now, , what could happen is that, as a result of this decision to move the registered office to the Netherlands,
certain functions that could be carried out in Spain are carried out there
and, therefore, they decide to proceed with some type of
international transfer
; or that as a consequence of this they decide
to hire people
ex novo
there
to do these tasks and
fire
to those who would eventually be doing it
here
."
According to the criteria of The Trust Project
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