# moving back



## pookie123 (Dec 19, 2010)

Hi there,
Having lived and worked in spain 18 years,i have just had nervous break down and have been on the sick for 2 weeks.My current employer,of 3 years wants to finish me.
Can i just be sacked like this???
I shall have to go back to London...can i claim sick benefits there...


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## jojo (Sep 20, 2007)

pookie123 said:


> Hi there,
> Having lived and worked in spain 18 years,i have just had nervous break down and have been on the sick for 2 weeks.My current employer,of 3 years wants to finish me.
> Can i just be sacked like this???
> I shall have to go back to London...can i claim sick benefits there...


If you have a contract and you or your employer have been paying into the system then you should have the right to go off sick and receive sick pay I believe. I'jm not sure about you being able to claim in the UK, it depends on what contributions you have made there in the past

Jo xxx


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## Pesky Wesky (May 10, 2009)

First, don't panic! There should be something that can be done. Let's get some information.
Have you been to the doctor and been officially given sick leave? (dada de baja)
Have you given in the sick leave notes to your employer?
You can also look on these 2 sites for information.
Advoco : Free Advice Centre
Tumbit.com - How To Guides - Articles - Blogs - Comments


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## pookie123 (Dec 19, 2010)

jojo said:


> If you have a contract and you or your employer have been paying into the system then you should have the right to go off sick and receive sick pay I believe. I'jm not sure about you being able to claim in the UK, it depends on what contributions you have made there in the past
> 
> Jo xxx


Thank s for your answer...i just am finding hard to believe that i can be sacked while on the sick? can this relly be correct..


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## jojo (Sep 20, 2007)

pookie123 said:


> Thank s for your answer...i just am finding hard to believe that i can be sacked while on the sick? can this relly be correct..


I dont think its allowed in the UK, but I doubt Spains rules are the same and it depends if you have a contract

Jo xxx


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## pookie123 (Dec 19, 2010)

jojo said:


> I dont think its allowed in the UK, but I doubt Spains rules are the same and it depends if you have a contract
> 
> Jo xxx


yes i am on contract,I just presumed as being part of the common market rules would be the same here as UK..maybe not.Oh well shall keep searching and i shall not sign anything untill I know for sure.
janine x


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## mrypg9 (Apr 26, 2008)

pookie123 said:


> yes i am on contract,I just presumed as being part of the common market rules would be the same here as UK..maybe not.Oh well shall keep searching and i shall not sign anything untill I know for sure.
> janine x



Not sure about being entitled to sick pay in the UK but I think not as receiving it depends on you having worked in the UK at the time of being signed off as unfit to work.
You didn't say what line of work you are in but are you a member of a union?
If so, that's your first port of call.
I doubt very much that an employer can sack you if you have a note from a doctor stating you are unfit to work.
That certainly wouldn't be so in the UK, unless you had had long periods of absence due to sickness, when an employer could dismiss you on the grounds of incapacity.
Presumably you gave your employer your sick note?


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## pookie123 (Dec 19, 2010)

mrypg9 said:


> Not sure about being entitled to sick pay in the UK but I think not as receiving it depends on you having worked in the UK at the time of being signed off as unfit to work.
> You didn't say what line of work you are in but are you a member of a union?
> If so, that's your first port of call.
> I doubt very much that an employer can sack you if you have a note from a doctor stating you are unfit to work.
> ...


yes my employer has sick note.No i am not in a union but i could be off work a while so will have to move back to uk.


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## Alcalaina (Aug 6, 2010)

I think it depends whether you have been paying into the social security system here. If so, you should get sickness benefit in Spain, no problem.

Make an appointment to see the _trabajadora social_ at your local health centre, they are usually very helpful in situations like this and will advise you of your rights. You shouldn't have to go back to UK if you don't want to.


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## jojo (Sep 20, 2007)

Alcalaina said:


> I think it depends whether you have been paying into the social security system here. If so, you should get sickness benefit in Spain, no problem.
> 
> Make an appointment to see the _trabajadora social_ at your local health centre, they are usually very helpful in situations like this and will advise you of your rights. You shouldn't have to go back to UK if you don't want to.


...... and without knowing all the details, you may not be eligible to claim anything in the UK since you've been away for so long. However, if you have a family and home there you may be able to transfer your sickness benefit from Spain to the UK????? I have a friend who paid into the spanish system and is claiming para in the UK (well thats what she was told before she left Spain)

Jo xxx


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## leedsutdgem (Jun 3, 2010)

pookie123 said:


> Hi there,
> Having lived and worked in spain 18 years,i have just had nervous break down and have been on the sick for 2 weeks.My current employer,of 3 years wants to finish me.
> Can i just be sacked like this???
> I shall have to go back to London...can i claim sick benefits there...


If you are on a fijo/indefinido contract then you cannot be sacked. Also, If they do sack you they will have to pay you 45 days wages per year worked.


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## Caz.I (Mar 21, 2009)

leedsutdgem said:


> If you are on a fijo/indefinido contract then you cannot be sacked. Also, If they do sack you they will have to pay you 45 days wages per year worked.


Unfortunately, in reality, they can and do sack you even on a permanent contract for whatever reason. I am sure they are not supposed to sack you for being off sick but they do. As you said, the thing is to be wary of signing anything until you are fully aware of your rights - especially the "finiquito" which lists the final pay from your employer (including holiday pay and the wages mentioned above) and by signing it you effectively agree to the termination of employment, that you have received the money stated and that you will not make any further financial claims on your employer in the future. Check if the organisation CCOO has a branch in your town, and visit them and ask for advice, you may get free legal advice/representation too. If you havent been sacked yet this is definitely the time to join.
I know when you are ill this is the last thing you need and feel like. So see if you can find someone to help you or even if they can go see them on your behalf. And good idea of Alcalaina's to try to see a social worker.
Good luck!
Caz.I


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## mrypg9 (Apr 26, 2008)

leedsutdgem said:


> If you are on a fijo/indefinido contract then you cannot be sacked. Also, If they do sack you they will have to pay you 45 days wages per year worked.


I thought it was 35 days until November when the Government reduced it to 25?


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## Pesky Wesky (May 10, 2009)

mrypg9 said:


> I thought it was 35 days until November when the Government reduced it to 25?


None of the figures given so far are correct according to the websites I posted links to earlier...
Also, the employee has a limited amount of time in which to contest their dismissal, so...


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## mrypg9 (Apr 26, 2008)

Maybe trades unions are necessary after all....


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