Labor Law - Spain

Since its formation in 1990, the Labour Law Department has sought to exercise the profession throughout the whole society, providing its national and international clients a wide range of services in very branch of Labour and Social Security Law.

The dynamism that Labour Law requires obliges us to act swiftly and immediately in response to our clients’ demands, which doesn’t prevent the professional endeavours to be developed with the highest standards of quality and legal foundations. Therefore, swiftness and quality are the two core principles of our actions.

The Labour Law Department provides comprehensive advice regarding labour relations in Companies, particularly remarkable in Business Restructuring or economic crises (collective redundancies-ERE and temporary layoffs-ERTE), disciplinary dismissals and sanctions, as well as proceedings to substantially amend working conditions, both individual and collective.

Furthermore, the Department provides up-to-date solutions for IT-related issues in the work sphere, as well as the incipient legislation on work-life balance.

Lastly, this department provides a wide procedural expertise before social courts and other bodies of the social jurisdiction, assisting in every kind of litigation of the social branch of law.

See and download PDF presentation of the Laborl law Department 


 This area covers all the needs that may arise in the social and labor environment of business activity.

Permanent invalidity claims

Permanent invalidity claimed administratively and judicially (whenever the invalidity is denied administratively and it must be claimed before the labour jurisdiction)

Claims shall depend on serious physical or functional disabilities, subject to an objective determination and which are foreseeably final, which may reduce or deny the fitness to work of the claimant. Below, the different degrees of disablement and their corresponding compensation:

• Partial permanent invalidity – 24 monthly payments of the calculation basis

• Total/total qualified permanent– 55%/75% of the calculation basis

• Absolute permanent invalidity – 100% of the calculation basis

• Severe disability – 100% plus a supplement to compensate the carer of the invalid

 

More information about the Labour Law Department | Madrid (Spain)

Labour relations

Legal advice and assistance for Companies in terms of relations with employees’ legal representatives (work councils, personnel delegates, union sections and delegates).

Legal advice when employment agreements are suspended (personal and mandatory leaves, reductions in working time for legal guardianship, holidays, etc.)

Legal advice in substantial amendments to the working conditions, both individual and collective.

Advice and negotiation of Collective Bargaining Agreements.

Advice and defence in labour inspectorates.

Legal advice in every kind of disciplinary proceedings: disciplinary offences, sanctions and dismissals.

 

More information about the Labour Law Department | Madrid (Spain)

Senior management

We advise Companies and senior managers on drafting and negotiating senior management employment agreements, including every kind of clauses regarding this Special labour regime, and particularly on voidable clauses, golden parachute clauses and post-contractual agreements.

Similarly, we advise on potential contractual novations and changes to the business regime of Directors and Managers, as well as the different solutions to terminate the senior management agreement.

Lastly, our services include legal advice in disputes arising from senior management agreements, especially, disputes arising from their termination.

 

More information about the Labour Law Departament | Madrid (Spain)

IT or Information Technology in the work sphere

Adaptation of contractual clauses and schedules in compliance with the General Data Protection Regulation and the Organic Law.

Review, adaptation or creation of Company policies regarding new technologies in the work sphere:

• Policies of digital disconnection.

• Use and control of IT tools in the work sphere.

• Electronic surveillance of the workplace / video surveillance.

• Electronic tools used by trade unions

• Monitoring of work via geo-location.

• Records of working hours, control via computer and biometric clocking-in.

• Assignment of rights of image for social media, blogs, newsletters, web pages, events and commercial activities.

 

More information about the Labour Law Departament | Madrid (Spain)

Equality plans and rights to work-life balance

Legal advice while implementing and negotiating the Company’s Equality Plans with the employees’ legal representatives, as well as policies to avoid sexual harassment and discrimination in the workplace.

Continuous advice on equality; reduction of working hours for legal guardianship, working hours “a la carte” and other rights to work-life balance.

Defence and claims in legal disputes (either collective or individual) on work-life balance, equality, as well as possible compensation for pain and suffering arising from such disputes.

 

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Employment agreements

Identifying the most suitable contractual modalities for the company’s business, especially advising on management and strategy of temporary recruitment.

Drafting every kind of clauses regarding special work conditions, particularly confidentiality, non-competition and exclusivity clauses, image rights and intellectual property, etc.

Comprehensive advice regarding “remote work”, both on drafting and collective bargaining of necessary remote work policies.

Advise on internships

 

More information about the Labour Law Department | Madrid (Spain)

Procedural labor law

Our department has a wide expertise in processing every kind of labour dispute, including prior conciliation proceedings (SMAC).

Especially, we provide support in litigations arising from both disciplinary and objective dismissals, as well as legal proceedings from applying collective actions (Collective redundancies, ERTE, substantial collective amendments).

Similarly, we have a particular expertise in procedures in which the violation and protection fundamental rights concur, including those arising from the work-live balance laws, which is an area especially important in the daily activity of our law firm.

 

More information about the Labour Law Department | Madrid (Spain)

Due Diligence

Developing labour due diligences, both complete and partial by interest area according to the client needs, with special reference to companies’ takeovers or mergers.

Particularly analysing recruitment processes and contractual modalities applied in the Company.

Analysing remuneration policies and employees’ salary conditions.

 

More information about the Labour Law Department | Madrid (Spain)

Collective Redundancies (ERE) and Temporary Layoffs (ERTE)

Our expertise has led us to manage numerous significant collective redundancy procedures, both for international and national companies, and both extinguishing (collective redundancies-ERE) and temporary (ERTE).

Our advice includes the comprehensive development of the collective redundancy procedure, from the pre-procedure advice for the client on the applicability of the procedure or the availability of other applicable employment measures, such as elaborating and processing the procedure, including assistance to the negotiating process and, if appropriate, legal assistance in proceedings resulting from the

 

More information about the Labour Law Department | Madrid (Spain)

Claims and defence in occupational accidents

Claim and defence in administrative and legal procedures regarding “Benefit surcharges due to lack of work safety and health standards”.

Claim and defence in occupational accidents compensations arising from the duties established in the applicable collective bargaining agreements.

Claim and defence of civil liability compensations against the employer and the occupational accidents insurance company failing to have work safety and health standards.

 

More information about the Labour Law Department | Madrid (Spain)

 

Madrid

Belzuz Abogados - Madrid office

Nuñez de Balboa 115 bis 1

  28006 Madrid

+34 91 562 50 76

+34 91 562 45 40

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Lisbon

Belzuz Abogados - Lisbon office

Av. Duque d´Ávila, 141 – 1º Dtº

  1050-081 Lisbon

+351 21 324 05 30

+351 21 347 84 52

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Oporto

Belzuz Abogados - Oporto office

Rua Julio Dinis 204, Off 314

  4050-318 Oporto

+351 22 938 94 52

+351 22 938 94 54

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Medical negligences Portugal

+351 968559667

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