Employment Litigation Law in Spain

Strategic representation in complex employment disputes
We represent companies in individual and collective employment disputes before the Spanish labour courts.

Our work covers dismissals, substantial changes to working conditions, wage claims, harassment and discrimination, senior executive matters, collective conflicts, relocation, professional classification and strikes.

We build litigation strategies that are consistent, evidence-based and focused on protecting the company’s legal and business interests.

Employment litigation under Spanish law

Employment disputes in Spain require careful preparation from the outset.
The facts, documentation, evidence, procedural position, internal communications and wider business implications must be aligned before proceedings begin.

 

Core employment litigation matters

We advise on:

  • Individual and collective dismissals
  • Disciplinary and objective dismissals
  • Substantial changes to working conditions
  • Wage, bonus and variable remuneration claims
  • Working time and overtime disputes
  • Harassment and discrimination claims
  • Retaliation and fundamental rights proceedings
  • Professional classification disputes
  • Geographic and functional mobility
  • Senior executive and management disputes
  • Collective conflicts
  • Trade union and employee representative claims
  • Strikes and industrial action
  • Employment litigation arising from restructuring processes

Dismissal disputes

Dismissal litigation requires control of the facts, documentation and procedural strategy.
We advise on the legal grounds, evidentiary position, potential exposure, settlement options and defence of the dismissal before the labour courts.

Changes to working conditions and mobility

Disputes may arise from changes to working time, remuneration, functions, reporting lines, workplace or mobility arrangements.
We assess the validity of the measure, the applicable legal procedure and the business grounds supporting the company’s decision.

Harassment and discrimination claims

Collective redundancies require discipline, evidence, business insight and negotiation strategy.
We advise on the legal grounds, documentation, consultation process, accompanying measures, implementation and defence of the procedure, aligning legal strategy with the client’s business needs.

Senior executive disputes

Senior executive matters often combine employment, contractual, corporate and reputational issues.
We advise on termination, compensation, variable remuneration, restrictive covenants, confidentiality, breach of duties and the employment status of directors and senior managers.

Collective conflicts and strikes

Collective disputes may affect the workforce, operations and the company’s relationship with employee representatives.
We represent companies in collective conflicts, trade union proceedings, disputes with works councils and matters linked to strikes or industrial action.

Cross-border employment litigation

Where an employment dispute forms part of an international matter, the Spanish litigation strategy must be aligned with the wider group position.
As founding members of L&E Global, Suárez de Vivero coordinates employment law advice with leading firms in more than 30 countries, supporting companies in cross-border and multi-jurisdictional employment disputes.

How we support the process

Assessment

Facts, documentation, evidence, legal position and risk profile.

Strategy

Arguments, procedural route, settlement parameters and litigation objectives.

Preparation

Witnesses, documentary evidence, expert reports and court submissions.

Defence

Negotiation, hearings, appeals, enforcement and post-litigation matters.

When to involve employment counsel

Employment counsel should be involved as soon as a dispute becomes foreseeable.

 

Early involvement is particularly important before issuing a dismissal, changing employment conditions, responding to an internal complaint, commencing an investigation or communicating a decision that may be challenged.

Employment Litigation FAQs

What employment disputes can a company face in Spain?
Dismissals, wage claims, changes to working conditions, harassment and discrimination claims, professional classification, mobility, senior executive matters, collective conflicts and strikes.
Yes. Many disputes are resolved through conciliation, direct negotiation or settlement before a final hearing.
Depending on the claim, relevant evidence may include contracts, policies, emails, performance records, payroll data, disciplinary documents, investigation materials, witness testimony and expert reports.

Before the decision or event that may trigger the dispute. Early advice helps preserve evidence, define the correct procedure and reduce avoidable risk.

Corporate restructuring requires precision before action

We advise companies on the employment law strategy, negotiation, implementation and defence of restructuring processes in Spain.
Barcelona
Plaza Europa, 9-11, 15 D
Torre Inbisa
08908 Barcelona
Madrid
Príncipe de Vergara 62
1º Derecha
28006 Madrid