• 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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