Labour law - Spain
The Labor Law Department is dedicated to practicing in all areas of the social jurisdiction, offering national and international companies a wide range of services across all areas of Labor and Social Security Law.
The dynamic nature of Labor Law demands that we act with speed and immediacy in response to our clients’ needs. However, this does not compromise the legal rigor and quality of our work—agility and excellence are therefore two core principles guiding our approach.
The Labor Department provides comprehensive advice on labor relations within companies, with particular expertise in restructuring processes or economic crises (Collective Dismissals–ERE and ERTE), disciplinary dismissals, and harassment situations, as well as substantial modifications of working conditions, whether collective or individual.
The Department also offers up-to-date solutions for all matters related to ICTs and new information technologies in the workplace, as well as emerging legislation regarding work-life balance.
Additionally, the Department has deep specialization in advising and litigating on behalf of employees, particularly in contentious matters involving senior management and expatriates.
Finally, the Department has extensive litigation experience before Labor Courts and all other levels of the Social Jurisdiction, representing clients in all types of disputes within labor law.
The labor area provides support for all needs that may arise in the socio-labor sphere of a company's activities
Comprehensive legal advice on labor and social security matters, as well as support for companies in their relationships with the legal representation of workers within the company (Works Councils, Employee Delegates, Union Sections, and Union Representatives).
Legal advice on suspensions of employment contracts (voluntary and mandatory leaves of absence, reductions in working hours for legal guardianship, vacations, etc.).
Legal advice on processes for substantial modifications of working conditions, both individual and collective.
Advice and negotiation of Collective Agreements.
Assistance and defense in Labor Inspections.
Legal advice on all types of disciplinary procedures: offenses, sanctions, and disciplinary dismissals.
More information about the Labor Law Department | Madrid (Spain)
We provide advice from both the business and senior management perspectives in the drafting and negotiation of Senior Management contracts.
We also offer guidance on possible contract modifications and on the various solutions for the termination of Senior Management contracts.
Finally, our services include judicial assistance in disputes arising from Senior Management contracts, particularly those stemming from their termination.
Additionally, we advise companies and individuals on “expatriation” and its labor and social security implications, as well as providing judicial assistance in disputes involving “expatriate” workers, with a special focus on legal practice related to claims for severance pay at the end of expatriation.
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Adaptation of contract clauses and annexes in accordance with the European Data Protection Regulation and the Organic Law.
Review, adaptation, or creation of Company Policies related to new technologies in the workplace:
- Digital Disconnection Policies
- Use and control of IT tools in the workplace
- Electronic surveillance of the workplace / Video surveillance
- Union use of electronic tools
- Work control through geolocation
- Timekeeping records, control through digital clocking-in, and biometrics
- Transfer of image rights for social media, blogs, newsletters, websites, events, and commercial activities
- Use of Artificial Intelligence in labor law
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Identification of the most appropriate contract types for the company’s activities, with particular advice on managing and strategizing temporary employment contracts.
Drafting all types of clauses related to special working conditions, especially confidentiality, non-competition, exclusivity clauses, image rights, intellectual property rights, etc.
Comprehensive advice on “Remote Work,” including both contract drafting and union negotiations for the necessary Remote Work Policies.
Advice on the “Internship” regime.
More information about the Labor Law Department | Madrid (Spain)
Our department offers extensive experience in handling all types of labor disputes, including pre-litigation conciliation procedures both in individual and collective matters (SMAC, SIMA, etc.).
In particular, we provide assistance in disputes arising from dismissals, including both disciplinary and objective dismissals, as well as judicial procedures related to the implementation of collective measures (Collective Dismissal, ERTE, Substantial Collective Modifications).
We also have significant experience in cases involving the violation and protection of fundamental rights, including those derived from legislation on work-life balance, which is of particular importance in the daily activities of our firm.
More information about the Labor Law Department | Madrid (Spain)
Our experience has led us to manage important and multiple employment regulation files, both for multinational and national companies, including both termination procedures (Collective Dismissal – ERE) and temporary procedures (ERTE – RED Mechanism).
Our advice covers the complete development of the Employment Regulation File, starting with providing prior consultation to the client about the viability of the procedure or the possibility of exploring other applicable labor measures, including the preparation and processing of the file, assistance during the negotiation process, and, if necessary, judicial assistance in any legal proceedings that may arise from the employment regulation files.
More information about the Labor Law Department | Madrid (Spain)
Preparation of labor Due Diligence reports, both comprehensive and partial by areas of interest, according to the client’s needs, with particular focus on mergers or acquisitions of commercial companies.
Detailed analysis of recruitment processes and contract types applied within the company.
Analysis of compensation policies and salary conditions for employees.
More information about the Labor Law Department | Madrid (Spain)
Legal advice on the implementation and negotiation of Equality Plans with the legal representation of workers in the company, as well as in policies to prevent harassment and discrimination in the workplace.
Ongoing advice on equality matters; legal guardianship-related reductions in working hours, flexible working hours, and other work-life balance rights.
Defense and claims in judicial disputes (collective or individual) related to work-life balance and equality, as well as potential claims for moral damages arising from such disputes.
More information about the Labor Law Department | Madrid (Spain)
a) Workplace Accident Claims:
- Claims and defense in administrative and judicial procedures related to “Surcharges for Benefits Due to Lack of Safety and Hygiene Measures in the Workplace.”
- Claims and defense in Compensation for Workplace Accidents arising from the obligations established by applicable Collective Bargaining Agreements.
- Claims and defense in Civil Liability Claims against the employer and insurer for Workplace Accidents resulting from a lack of safety and hygiene measures.
b) Permanent Disability Claims:
- Claims for permanent disability in administrative and judicial proceedings (when the disability claim is denied in the administrative process and needs to be pursued in the Social Jurisdiction).
Claims will depend on severe anatomical or functional reductions, which can be objectively determined and are likely to be permanent, decreasing or nullifying the claimant’s work capacity. The different levels of disability and their corresponding benefits are:
- Partial Disability (I.P. Parcial) – compensation for 24 months of the regulatory base
- Total Disability / Qualified Total Disability (I.P. Total / Total cualificada) – 55%/75% of the regulatory base
- Absolute Disability (I.P. Absoluta) – 100% of the regulatory base
- Severe Disability (Gran invalidez) – 100% plus an allowance for third-party assistance
More information about the Labor Law Department | Madrid (Spain)
Our Team
Associate Lawyer
Francisco Rodríguez Bermejo
Male lawyer
Santiago García Lizabe
