Employment law

Legal assistance to employers and employees.

  • Legal support on the following proceedings: unjustified dismissal (discriminatory, unfair, redundancy dismissal);
  • Claim for compensation for unilateral termination of the employment contract;
  • Appeal against fixed-term contracts;
  • Collective redundancies;
  • Disciplinary proceedings, etc.
  • Claim for amounts due to the employee: wages and salaries,
  • Severance pay, provisions of the Fondo de GarantíaSalarial (whose aim is to guarantee the amounts due to the employee in case of employer’s insolvency).
  • Legal support in order to recognize employers’ fundamental rights: seniority rights, contracts of indefinite duration, belonging to professional category, extra pays, benefits, annual leave, working hours determination, etc.
  • Claim for compensation in case of mobbing and harassment; protection of employees’ fundamental rights in the work place.
  • Accidents at work, temporary and permanent work disability, invalidity.
  • Social security and welfare system.
  • Consulting and reports on employment issues and drafting and revision of employment contracts, clauses and labour agreements.
  • Legal support to trade unions, workers’ representatives, trade union delegates, workers’ safety representatives.
  • Legal acts drafting: out-of-court settlement acts, notices of appeal before the Superior Court of Justice (recursos de suplicación, through which it is possible to appeal against judgments given by Employment Tribunals), appeal before the Supreme Court.
  • Drafting of: dismissal letters, termination of contracts letters, letters communicating disciplinary measures.
  • Conciliation and mediation proceedings before the Mediation, Conciliation and  Arbitration service.
  • Proceedings before the Labour Inspectors Committee.
  • Regulation of Employment proceedings (?), collective redundancies [SE REPITE],  employment regulations in case of collective procedures.
  • Collective labour disputes and strikes.
  • Unemployment benefits, payment of social security contributions.
  • Trade unions constitution.

 

In our law firm, we usually manage the following kinds of proceedings:

 

  • Ordinary proceedings (protection of fundamental rights, legal actions for claim for monetary compensation…)
  • Dismissals and employment contracts termination.
  • Resignation proceedings.
  • Enforcement proceedings in the field of Employment Law.
  • Disciplinary measures.
  • Claim for salary and wages due by the Public Administration, in the case that the judge has declared that the dismissal is to be considered unfair.
  • Annual leave.
  • Electoral material
  • (appeal against electoral proceedings: workers’ representatives, personnel delegates, companies’ representatives, arbitral awards deriving from these conflicts).
  • Geographical mobility.
  • Substantial changes in work conditions.
  • Balance between professional and family life.
  • Legal actions in order to include the employee in his/her professional category.
  • Social security.
  • Fundamental rights protection.