Maternity help ....Any employment lawyers on here advice for a posted worker

(12 Posts)
chicitina Fri 01-Jun-18 21:01:02

I am trying to gather some information regarding my rights as a "posted worker" are there any employment lawyers familiar with this type of status. In a nutshell I have been posted to Spain to work on a two year contract. Spain has more favourable maternity terms, compared to the UK, but my employer has told me that I fall under UK law so I will only get SMP. In Spain women get 16 weeks full pay amongst other things, since I am living in Spain, is it possible that I can request to be given the equivalent maternity conditions as local employees. I have tried to read up on posted worker status but there is not any information on this. Thanks in advance.

OP’s posts: |
Redcliff Sat 02-Jun-18 19:52:58

You could ask but as it would cost them more money I think its unlikely they would agree .

Twickerhun Sun 03-Jun-18 07:19:37

How long have you been in Spain for? Is it now where you are resident? Do you return to the U.K.?
Also what does your contract say?

RicStar Sun 03-Jun-18 07:31:29

As a posted worker you are entitled to the cash benefits where you are insured - in your case the UK. You are entitled to the non cash benefits e.g. amount of leave where you reside. Unfortunately you are not entitled to Spanish mat pay your employer could chose to match it but does not have to.

LIZS Sun 03-Jun-18 07:36:43

Are you on a local or expat contract? You cannot pick and choose whichever terms suit you at the time.

daisychain01 Sun 03-Jun-18 08:00:44

If you are only going there on a 2 year posting, why do you need to get into a discussion about Mat pay and leave entitlement? Are you planning to go on the assignment to Spain and immediately ttc?

I'm all for equal working rights for women, but I do think it's a bit much going on a 2 year assignment and try to maximise the Mat benefits of the host country. If you were talking about a permanent move then my response would be different, but it's only a 2 year assignment!

And furthermore, as a UK taxpayer, you'll be paying taxes through PAYE into your UK bank account, I don't see how you think you're entitled to pick and choose.

Tit4TatandAllThat Sun 03-Jun-18 08:02:52

It will depend if you've been localised on a Spanish contract and paying tax there or are on an expat contract.

chicitina Mon 04-Jun-18 14:11:44

daisychain am not maternity benefit shopping, I am pregnant unplanned.. but there is nothing I can do about that now, so I want to find out whether my employers are obliged to provide me equal maternity conditions as local employees.

Twickerhun I do not return to the UK as my immediate family have moved to Spain with me, so I do not have much reason to return to the UK.

Tit4tat, I am on a UK contract, it is a fixed term contact for two years, I pay tax in Spain but pay NI contributions in UK.

Having read through through the posted worker directive with my limited understanding, employers are required to adhere to some core rights in the country an employee is posted to, so things like pay, holiday and a few other things. So I am wondering whether this means maternity conditions as well.

On a side note I am a bit peeved off now having read about posted workers, it seems to be farce for companies to use to circumvent local laws, for example in Spain employees have a lot more protection than UK employees. The company have employed me, and from day 1 I have never had any contact with their UK office, it was straight to Spain, now I am here and realise how detrimental it is to me now.

OP’s posts: |
daisychain01 Tue 05-Jun-18 05:42:25

Apologies then, OP, your update puts your situation into a completely different light, both in terms of your actual pg and the fact you are on a fixed term contract - once your contract finishes, will you have continuity of employment back in the UK or is that where your employers' obligation ends?

I'm not familiar with Spanish Mat rights and how they differ from UK rights in terms of "a lot more protection". Have you spoken to your employer's HR dept about your situation or are you fact-finding before you do that? Given your circumstances It would be best to seek some info direct from them, they will need to know and they should have a process in place to handle this.

daisychain01 Tue 05-Jun-18 05:45:17

The company have employed me, and from day 1 I have never had any contact with their UK office, it was straight to Spain, now I am here and realise how detrimental it is to me now.

You are presumably a UK national, so it doesn't matter that the UK company haven't spoken to you since day 1, they are your employer as it's a uk contract, so they need to give you help information and support.

chicitina Tue 05-Jun-18 18:26:47

thanks daisy im going to write an email and hopefully get some answers

OP’s posts: |
daisychain01 Wed 06-Jun-18 11:44:24

¡Buena suerte, carina!

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