Firma

Areas

Restructuring companies

Our lawyers have extensive experience in restructuring companies in the labor sector, with a consolidated experience of more than 40 years. During this period, we have advised companies across nearly all sectors. Our clients include international corporations, small and medium-sized companies, venture capital firms, investors, and more. We assist our clients in implementing the following corporate labor measures during difficult situations due to economic, technical, organizational, or productive reasons:

  • Contract terminations
    • Collective downsizing plans
    • Individual business termination
  • Temporary downsizing plans
    • Collective temporary suspension of contracts
    • Collective reduction of working hours
  • Substantial modification of working conditions
  • Geographic mobility

Our commitment to the environment

Just as we are committed to our clients, we are also committed to the society in which we live and to the environment, striving every day to leave a better world for our children. We are particularly motivated by the fact that the work of our lawyers has a direct impact on the conservation of nature and the environment. Thus, beyond the participation of some of our lawyers in organizations such as Greenpeace, our firm collaborates with WEFOREST to help reforest the Zambian jungle, providing employment and economic support to native families responsible for the reforestation activities.

Collective Bargaining

Our firm strongly believes that company collective bargaining is the most effective tool to resolve conflicts and implement social peace. Company agreements have become the most useful and recommended tool by current regulations, enabling employers to avoid the more rigid industry agreements often favoring large corporations over medium or small companies. We help companies create, negotiate, and apply tailor-made agreements.

Compliance and ethical behavior

We understand compliance as the compendium of all policies, practices, manuals, and regulations that should be applicable within the company. We help companies implement them according to the client’s culture and the applicable legislation.

Our compliance plans include the following services:

  1. Design of the most suitable protocols in accordance with the company’s needs. Before drafting any document, our lawyers evaluate the company, its strategic objectives, values, and internal policies, which form the basis for designing a plan that promotes compliance within the organization.
  2. Review and update of existing plans: If the company already has a compliance plan, we will update and supervise it.
  3. Training: During the implementation of the plan and upon its completion, our team offers training to human resources and management teams to promote ethical behavior aligned with the company’s culture and understanding the processes for addressing non-compliant activities.
  4. Investigations and disciplinary proceedings: Once the compliance plan is in force, as external advisors, we can initiate disciplinary actions in the case of any serious breaches by employees.

Discrimination and psychological harassment

Given the increase in legal claims from employees in these areas, it is crucial to raise awareness within companies about implementing policies against workplace harassment based on age, gender, sex, race, religious beliefs, disabilities, or other constitutionally protected rights. We help companies set up individual plans to prevent harassment in the workplace, including initiatives that promote gender diversity and equal opportunities among employees, always in accordance with the company’s culture.

Employment Tax Law

Changes made by the company to employees’ terms and conditions can have tax implications. This is the case when drafting employment contracts that include benefits, variable remuneration systems, or even when negotiating collective agreements or handling dismissals with severance payments. We support both companies and employees regarding the potential tax consequences of these procedures. Employment tax advice is also needed for foreign companies looking to establish operations in Spain and hire employees, contract independent consultants, perform due diligence before mergers or acquisitions, or implement changes in payroll such as transport subsidies, salary in kind, stock options, subsistence allowances, and miscellaneous expenses.

Senior management and remuneration

We develop and review work contracts and compensation plans for senior executives. When recruiting a senior executive, their role’s real nature is defined by the degree of responsibility, autonomy, and functions. Beyond simply drafting a contract, we help the client determine, through prior analysis, whether the employee to be hired will have a senior executive role or a different nature, such as a mercantile role. We also analyze the appropriate Social Security framework for the recruited person. Our assessment of compensation plans ensures they comply with Spanish regulations and accurately reflect the company’s objectives, combining business strategy with clear and precise agreements. We help our clients manage potential tax impacts from these plans, whether they involve stock options, restricted stocks, phantom stocks, or other forms.

Litigation

We view litigation as essential to a lawyer’s spirit. Therefore, when our clients need assistance in a hearing, it is indispensable to help them determine a winning strategy. We represent employers of any size in their labor conflicts within the social jurisdiction, preparing hearings with the invaluable assistance of experts in economic, medical, technological, and investigative matters who help us gather the necessary evidence for litigation. Our lawyers assist clients in hearings related to issues such as:

  1. Dismissals
  2. Substantial changes in working conditions
  3. Salary debts
  4. Mobbing/harassment
  5. Discrimination
  6. Senior Executive contracts
  7. Restrictive clauses
  8. Collective disputes
  9. Right recognitions
  10. Geographical mobility
  11. Professional classification
  12. Strikes

Internal company policies

Internal company policies and regulations are essential for employment relationships because they define a company’s values, expectations for employees, corporate management policies, and other relevant aspects. We help our clients create these policies with exhaustive detail, tailored to the specific needs of each firm. Our goal is to ensure the regulations faithfully reflect the company’s objectives and culture, always respecting existing laws.

In an era of continuous technological change and evolving labor relationship management, and with the advent of the Industry 3.0 and 4.0 models, companies must be proactive and develop internal codes free from risks and potential fines, which are updated according to current requirements and easy to read and understand.

Commercial contracts with agents, consultants, and similar forms

We assist in establishing relationships with forms that, while not labor-related, could imply significant labor and social security implications for the company, depending on how the relationship is regulated. We advise our clients on whether these contracts should be made and, if so, how both parties should coordinate during service delivery to avoid future problems.

In a changing society, it is important for companies to explore various forms of cooperation that do not necessarily require an employment contract, which is often more expensive for the company. We explore different ways to contract third parties, including typical independent contractors or economically dependent self-employed individuals, and offer alternative options as needed.

Viability, social, and pension plans

We negotiate with workers’ representatives to implement local economic development plans, which can impact company staff. To identify new activities or reinforce existing ones, a viability plan allows us to evaluate investment possibilities and understand critical aspects of production and commercialization.

We also negotiate and implement pension plans and funds and complementary social welfare measures for our clients, providing financial and tax advantages and serving as useful tools in HR management and collective bargaining.

Employment due diligence

We analyze different areas of a company during investment or merger projects. Every transaction involving significant financial investment (acquiring a company or part of its assets) entails various risks for the potential purchaser.

We regularly work on the transfer of undertaking at an international level.

Technical reports for terminations based on business reasons and other reasons

We are responsible for our clients’ technical, organizational, and economic reports required for collective reorganizations. We also prepare reports on incentive and variable remuneration systems, pension schemes, workloads, working methods and times, efficiency systems, and create personal involvement systems to help the company and employees reach higher targets by understanding the company’s values, culture, and objectives.

Human resources staff training

We are proud to train employees in the Human Resources department to equip them with the best legal tools for managing people. We apply the most advanced techniques and HR policies for people development, helping companies integrate employees into the company’s project and develop their skills in HR management.

Health and Safety

Our lawyers hold advanced degrees in occupational risk prevention, covering all areas of work: security, ergonomics, psychosociology, and hygiene. This allows us to provide sound advice on these matters from both legal and technical perspectives in all issues related to risk prevention.

Immigration and global mobility

The area of immigration and global mobility is increasingly important as globalization becomes essential for competitiveness. Our experienced immigration lawyers advise companies and employees on all aspects of geographical mobility, including residence permits, visas, nationality, foreign recruitment, and remote working. We help our clients from the UK understand the rights and duties of their employees residing in Spain post-Brexit, as well as those of their families. On a case-by-case basis, we offer alternative ways to avoid opening a permanent establishment when transferring existing employees or hiring legal representatives in Spain, managing payroll as necessary.

Payroll management

At national and international levels, we offer payroll management services. We provide clients without headquarters in Spain the possibility of creating a permanent establishment or, if necessary, granting powers of attorney to our firm to act as their legal representatives in Spain. Our payroll services include:

  • Supervision of the company’s labor and social security procedures
  • Monitoring compliance with labor and social security duties
  • Preparation of payslips, extraordinary payments, back pay, and termination slips
  • Information on applicable Collective Bargaining and significant labor regulations
  • Preparation of contribution slips and social security payments (TC1-TC2 and TC2-1)
  • Preparation of quarterly 111 Form of Personal Income Tax deduction and Annual summary (190 Form)
  • Issuance of deduction certificates, bank assets, and social security for workers
  • Information on worker costs and preparation of personnel cost lists
  • Preparation and renewal of working contracts, including information on suitable contracts and possibilities for subsidized contracts
  • Processing contracts, temporary disabilities, work accidents, etc., before Government Agencies (INEM, INSS, SOCIAL SECURITY)
  • Affiliations and terminations of workers, whether temporary or permanent
  • Handling requirements and dealings with Social Security
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