A transfer is not just another order: article 40 of the Estatuto de los Trabajadores (Workers Statute) surrounds it with conditions. There must be a reason, 30 days’ notice and a choice for you. And if you do not want to go, there is compensation of 20 days per year. The usual mistake is letting the 20-working-day deadline pass while you «see how it goes».
When it is a transfer and when it is not
Article 40.1 refers to a move to a different workplace of the same company that requires a change of residence. It does not apply to people hired specifically for mobile or itinerant workplaces. If the new site is a reasonable commute from your home, it is probably not a transfer in this sense but another kind of change (for example, to your working conditions, in which case article 41 applies; see what your employer can impose on hours and duties).
The employer needs economic, technical, organisational or production reasons, related to competitiveness, productivity, technical or work organisation, or to hiring linked to the company’s activity.
The deadlines you need to keep in mind
| What | Deadline | Article |
|---|---|---|
| Minimum notice to the worker and the representatives | 30 days before it takes effect | 40.1 |
| Consultation period (collective transfers) | Up to 15 days | 40.2 |
| Challenge the transfer | 20 working days from the day after notification | 59.4 |
| Temporary secondment: notice | At least 5 working days if it lasts over 3 months | 40.6 |
A transfer is collective if it affects the whole workplace (with more than five workers) or, within 90 days, at least 10 workers (companies under 100), 10% (100 to 300) or 30 (over 300). In that case there is a consultation period with the representatives before notification.
Your three options after notification
Once the decision is notified, you can choose (art. 40.1):
- Move and receive compensation for expenses. It covers your costs and those of dependent family members, on terms agreed between the parties, and can never be below the minimums in the convenio colectivo (collective agreement).
- End the contract and receive 20 days’ salary per year of service, pro-rating periods under a year by months, up to a maximum of 12 months.
- Challenge it if you disagree and have not chosen to end the contract. The transfer takes effect anyway while the case is pending. If the ruling declares it unjustified, you are entitled to return to your original workplace.
The Statute sets no express deadline for choosing termination. Do not leave it undecided until the last day before the transfer takes effect, and ask a union or an employment lawyer what suits you.
If the employer refuses to reinstate you after a ruling that declares the transfer unjustified, article 50.1.c lets you ask to end the contract with unfair-dismissal compensation.
An example with figures
Ana has worked for 6 years and 8 months for a company in Valencia and earns €2,000 gross a month (€24,000 a year). On 2 November 2026 she is notified of a transfer to Bilbao.
| Item | Calculation | Result |
|---|---|---|
| Earliest effective date | 2 November + 30 days | 2 December 2026 |
| Daily salary | 24,000 / 365 | €65.75 |
| Length of service | 6 years 8 months | 6.667 years |
| Days of compensation | 20 × 6.667 | 133.33 days |
| Compensation if she ends the contract | 133.33 × 65.75 | €8,767.12 |
| 12-month cap | 12 × 2,000 | €24,000 (not reached) |
The cap only matters with long service. With 20 years, it would be 400 days and about €26,301: the maximum of €24,000 would apply.
If she prefers to challenge, she has 20 working days from 3 November. How to count them is explained in the dismissal claim deadline.
Temporary secondment: a different thing
If your employer sends you to work elsewhere for a time, article 40.6 requires it to pay your travel costs and allowances on top of your salary. For more than three months the minimum notice is five working days and you get four working days at your home of origin for every three months away. If the secondment exceeds twelve months in three years, it is treated as a transfer.
What to negotiate if you accept the transfer
If you decide to go to the new location, the compensation for expenses is not a gift: article 40.1 says it covers your costs and those of your dependent family members, on terms agreed, with the minimum set by the collective agreement. Before accepting, list what it will cost you and put it in writing: the removal, temporary accommodation while you look for a home, a change of school if you have children, the family’s travel. What is written in the agreement is worth more than what is promised verbally.
If you disagree, you can challenge the transfer without having opted for termination. The transfer takes effect in the meantime, so you would have to live with the change until the ruling. That is why it pays to decide with advice, not at the last minute.
Why your case may be different
- Your collective agreement may have mobility clauses or minimum compensation. Read them before negotiating.
- If you were hired for a mobile workplace or a variable place of work, article 40.1 does not apply in the same way.
- If you are a victim of gender violence, sexual violence or terrorism, or have a disability that needs treatment outside your town, the law gives a preferential right to another vacancy in a different workplace (art. 40.4 and 40.5).
- If your partner works for the same company, they have the right to move to the same town if there is a vacancy (art. 40.3).
- If you are a workers’ representative, you have priority to stay (art. 40.7).
Ending the contract under article 40 gives legal unemployment status (art. 267 of the Social Security Act), but the benefit depends on meeting the other requirements. Check whether you are entitled to unemployment benefit.
This is general information. With deadlines or money at stake, speak to an employment lawyer (abogado laboralista) or a union before accepting or refusing the transfer.