Labor lawyer Juanma Lorente has warned transferred workers that they have only 20 working days to sue if a new employer strips existing rights.
Under Spanish employment law, changing companies through employee subrogation does not allow an incoming business to automatically cancel established working conditions. Article 44 of the Workers' Statute establishes that a change of ownership does not terminate an employment relationship, requiring the new employer to assume all existing labor rights and obligations.
Lorente explained that when staff are transferred to another firm while keeping the same job duties, the incoming company must respect every right already recognized under their previous employment contract.
Rights and protections under statutory agreements
The warning follows frequent queries received by legal specialists regarding unilateral cuts to vacation time and remote working arrangements. Lorente noted that workers who previously enjoyed 35 annual vacation days often report losing those additional days immediately after a transfer takes place.
Under the Workers' Statute, statutory annual leave is set at a minimum of 30 calendar days per year, with specific terms governed by individual contracts or collective bargaining agreements. In subrogation procedures, many collective agreements explicitly mandate the preservation of established economic and social conditions for all affected staff.
Similar disputes frequently arise over remote working arrangements when transferred employees suddenly lose allocated telework days. Under Spain's Remote Work Law, employees working remotely cannot suffer any detriment in their working conditions simply because they operate under a distance working model.
Strict deadlines for legal claims
Lorente emphasized that an incoming employer cannot simply declare that a prior workplace condition no longer exists. Determining whether a change is lawful requires analyzing the legal origin of the entitlement and evaluating the exact nature of the modification.
If a worker loses rights during a corporate transfer, Lorente urged them to challenge the decision promptly through official legal channels. When an employer's decision represents a substantial modification of working conditions, employment procedural rules enforce a strict limit of 20 working days from formal notification to file a lawsuit.
Lorente explained that employees facing lost rights have exactly 20 working days to file a court claim against the new business to demand full reinstatement of their terms. In Spanish legal procedure, working days exclude weekends and public holidays, creating a brief window for affected workers to take action.
Lorente advised all employees undergoing subrogation to stay vigilant and scrutinize their employment terms during the transition. He recommended reviewing contract documentation carefully to verify which conditions are being maintained and which have been altered by the incoming employer.
