Can I change my job before the Spanish labor contract expires?

20 13 there are three main ways to invest in popular immigrants:

1. Project investment: investing in specific business projects in the form of creditor's rights or preferred shares, but not participating in management.

Second, financial investment: purchase financial products, such as stocks and bonds, allowed by immigration laws and regulations through standardized financial capital markets.

Third, real estate investment: buying residential real estate with permanent property rights can not only obtain immigration status, but also enjoy the appreciation return of real estate.

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Can I change my job before the Spanish labor contract expires?

Q: One foreign immigrant finally obtained permanent residency. Thirty-five days after he started working, another company offered him better conditions, so he quit his old job and went to work in a new company, where he was insured. Unexpectedly, however, he received a letter from the Ministry of Labor, which stated that his rooted residence would be cancelled because he failed to fulfill the one-year labor contract provided when applying for residence. But give him 10 days to defend himself. Is this reasonable?

A: The Aliens Law specifically stipulates a series of conditions for approving permanent residence, including having a labor contract of not less than one year. And when sending the batch, it is required to send the documents of the relevant enterprises. The Ministry of Labor only approves residence after reviewing these conditions. In other words, the applicant has a record of staying in Spain for more than three years, no criminal record and good social integration. Employers also have the conditions that they do not owe taxes and insurance, and have sufficient economic ability to pay wages and insurance to workers.

However, if the applicant changes his service unit after obtaining residence, the Ministry of Labor has reason to cancel his residence. Because, even if my education remains the same, does the new employer have the above conditions? I don't know. However, the Ministry of Labor did not rudely and directly revoke the residence permit of the parties concerned, but gave them time to defend themselves. At this time, people at that time had to send the relevant information of the new employer for approval. Those who do not meet the requirements will lose their original residence permit.

This has not happened, at least in Madrid. Maybe in some provinces. But it should still attract attention. The provisions of the Aliens Law on the extension of rooted residence (note that the first time the rooted residence expires and the residence is changed, it is not called renewal -renovacion, but called prorroga extension), and only when the relevant authorities think that the holder continues to meet the conditions at the time of application will the extension be granted. Therefore, even if the one-year period has passed, if the conditions change, there will be the possibility of not changing.

Here, I would like to remind everyone that it is best to work in the original applicant for one year after taking root, and apply for a change after the expiration, and at the same time apply for a change of residence type to become a general residence with a limited period (Autorizacion de Residencia y Trabajo Temporary). Some overseas Chinese, in particular, will soon open stores and change bosses to stay after taking root. It is certainly dangerous to do so. The original work permit valid for one year is not among the types that can be replaced, so it is more cautious to take root and stay.

It is said that in some provinces, the Ministry of Labor imposed fines on enterprises after the original employed rooted and resident workers left their jobs within one year. This situation also needs specific analysis. If the reason for the employee's resignation lies in the enterprise, and the enterprise dismisses the employee, the liability for breach of contract lies in the enterprise; However, if the employee resigns himself, it is the employee who breaks the contract, not the enterprise, so the enterprise should not be punished. If this happens, it can appeal.

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