Labor Law2021-07-20T12:41:41+02:00

Labor Law could be divided into two main areas. On the one hand, it regulates all the legal and economic relations that link an employer with an employee; the self-employment regime of self-employed workers and collective bargaining between unions and employers. And on the other hand it regulates the relationship between Employers and Workers with state institutions (TGSS, INSS, Labor Inspection, etc.).

The preventive advice of a lawyer before any labor contingency becomes, de facto, an obligation of any diligent business person. That is why we offer the following services, in the context of global advice, thanks to our multidisciplinary team of lawyers and advisors:

We help you in:

Restructuring of companies

Aspects and consequences derived from mergers, splits and corporate takeovers. It is crucial to understand the consequences of commercial operations to be undertaken at the labor level. Our team will assist you in knowing the exact repercussions of your proposed actions so that you can make the best possible decisions.

Special labor relations

The Workers’ Statute excludes a series of workers who are included in legal regimes other than those of the common system. There are particularities in these regulations; it should interest the employer to understand what they are and how they can affect you.

Performance and compensation systems

Especially those linked to the company’s results: Our team will advise you on remuneration schemes among employees of the company, so that they adjust to the needs of the business, as well as to the implementation of personnel policies, equity, evaluation and retention of talented staff through loyalty schemes.

Labor Due Diligence

Labor Due Diligence consists of the identification of all labor contingencies that may exist in a company, within a commercial contracting process. The objective can be twofold: First, it can help us to know our legal-labor situation, so that we can proactively prevent any problem, or it can help us to obtain information about the counterparty, with which we intend to start negotiations. By way of example, if we discover through the Labor Due Diligence that the totality of the counterpart’s staff is in an irregular regime, it may allow the Client to negotiate to lower the acquisition price of said company, or to refrain from said acquisition.

Labor Hiring

Our team will support you in hiring labor personnel in your business, especially making sure to comply with current legislation, and drafting express annexes to the contract about the “type” of work, which contains additional clauses according to the interests or needs of the Client.
Employment Regulation Records: The Law is extremely strict with the Employment Regulation Records (ERE), and its non-compliance can be very expensive for the employer; besides that it can be annulled in case of contravention of said regulations. Our team will ensure that the ERE reaches a good place, trying to ensure the viability of your company.

Geographical mobility and substantial changes in working conditions

Our team will be responsible for ensuring that geographical mobility records or substantial changes in working conditions, whether individual or collective, are carried out with clear compliance with the law, with the intention that this business decision can not be attacked by workers or unions.

Dismissal and contractual terminations

A trial for void or unfair dismissal is won or lost in the drafting of the dismissal letter. It is useless to write a generic letter of dismissal, be it disciplinary, objective or collective, if on the day on which the hearing takes place we can not defend the origin of our actions, even when we are in the right. It is crucial to put yourself in the hands of a professional before proceeding with the dismissal of any worker, since not doing so may increase the problems of a dismissal that might on the surface seem starightforward.

Bullying and sexual harassment. Equality plans

In the light of the applicable Collective Agreement and jurisprudence, we analyze the origin and correctness of plans for the prevention of bullying, sexual harassment and equality plans of the company.
New technologies and their use and implementation in the company: We help your company in the implementation of new technologies in the company, and we make them compatible with the individual rights of workers.

Collective bargaining and business agreements

We support the employer in collective bargaining agreements and business agreements to improve and preserve a regulation that is consistent with the interests of the client.

Sanctioning administrative law. Infractions and sanctions in the Labor Jurisdiction

Our team will be in charge of defending the business person against sanctions that may be imposed by the Labor Inspectorate, filing the necessary appeals and providing legal defense in court if necessary.
Work Inspection and Social Security. Intervention and advice: Assistence, advice and defense regarding Labor Inspections.

Social Security. Contributions and social benefits

Our team will be responsible for ensuring that the Social Security contributions of workers are correctly paid, attempting to prevent the existence of periods in which insufficient contributions have been made, leading to the accumulation of debts that endanger your company, as well as avoiding possible charges for offenses against Social Security.

Prevention of occupational hazards

It is essential that the company has completed the Prevention of Occupational Risks, since its absence can lead to the award of amounts that go beyond the strict payment of compensation for Damages and Damages.

Our professionals will be responsible for analyzing whether the occupational risk prevention plans hired by the company adhere to the law.

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