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Company restructuring
1. Design of the most appropriate protocol according to the needs of each case: prior to drafting any document, our lawyers will make an assessment of the company, its strategic objectives, values, culture and internal policies, which will be the basis for designing a program that promotes compliance in the organization.
Review of the existing program and update: if the company already has a compliance program, we update it and offer a follow-up of the same.
3. Training: during the processing of the program and once it is finalized, our team will train both employees and the HR and Management team in the promotion of ethical behavior in accordance with the corporate culture and the processes that may arise in the event of non-compliance.
4. Investigations and contradictory proceedings: Once the compliance program is in force, as external advisors we are able to initiate disciplinary proceedings in case of violation of rights. Ergonomics.
Collective bargaining
Our firm is committed to the promotion of collective bargaining in the company, as we are convinced that it is, by nature, the most effective tool for the resolution of conflicts and the promotion of social peace. Collective bargaining agreements and pacts have become the most useful and most recommended tool by the legislation in force in recent times, which allows the employer to leave the rigidity of a sectorial agreement and regulate the company according to its needs at any given time. We assist the company in the creation, negotiation and implementation of “tailor-made” agreements.
Compliance and ethical behavior
We understand compliance as the respect for all those policies, practices, manuals and regulations that are applicable within the company. We help companies to implement them according to the culture of each client.
1. Design of the most appropriate protocol according to the needs of each case: prior to drafting any document, our lawyers will make an assessment of the company, its strategic objectives, values, culture and internal policies that will be the basis for designing a program that promotes compliance in the organization.
Review of the existing program and update: if the company already has a compliance program, we update it and offer a follow-up of the same.
3. Training: during the processing of the program and once it is finalized, our team will train both employees and the HR and Management team in the promotion of ethical behavior in accordance with the corporate culture and the processes that may arise in the event of non-compliance.
4. Investigations and contradictory proceedings: Once the compliance program is in force, as external advisors we are empowered to initiate disciplinary proceedings in case of violation of the following rules derechos
Discrimination and Psychological Harassment
Due to the increase of demands from workers in these areas, it is very important to make companies aware of the need to implement policies against harassment in the workplace based on age, gender, sex, race, religious beliefs, disabilities or other constitutionally protected rights.
We help the company to set up ad hoc programs to prevent harassment at work, and we promote initiatives that enhance diversity and equal opportunities among employees, always in line with the corporate culture.
Labor Taxation
The changes made by companies in the conditions of their employees have, in turn, tax implications. This is the case when employment contracts are drawn up with the inclusion of benefits, variable remuneration systems, or even when a collective bargaining agreement is negotiated, or dismissals with severance pay agreements, etc., are made.
We provide support -not only to companies but also to employees- in the possible tax consequences of all these operations. We provide tax support to foreign companies wishing to establish themselves in Spain and hire workers or independent professionals; in due diligences before merger or acquisition operations; to HR departments in all questions and doubts related to social benefits, such as transport allowances, salary in kind, stock options, per diems, miscellaneous expenses, etc; and, last but not least, we assist our clients in litigation related to this matter.
Senior Management and Remuneration
We develop and review for implementation employment contracts and senior management compensation plans.
Regarding the hiring of a senior manager, its true nature will be defined by the degree of responsibility, autonomy and functions carried out by the hired worker. Far from limiting ourselves to drafting a contract, we help the client to discover, after analyzing the responsibilities, powers, tasks and autonomy, whether we are dealing with a figure of senior management or another of a different nature, while we will also analyze the correct social security registration of the person finally hired, which could also vary depending on the characteristics of the relationship.
Regarding compensation plans, our advice is aimed at ensuring that such agreements are respectful of Spanish regulations while reflecting with detail and precision the objectives that the company wishes to set, so that they are accompanied by the greatest possible objectivity for the parties. The realization of compensation plans has a large component of business strategy that is essential to be able to understand in detail, which moves away from being a simple matter of salary.
Thus, we assist our clients in the possible tax impacts that such plans may have, whether they are stock options, restricted stocks, phantom stocks, or other types.
Litigation
We understand that litigation is the essence that completes the spirit of a lawyer. That is why, when our clients need trial assistance, it is essential to help them establish a winning strategy. We represent employers of all sizes in labor disputes in the labor courts, preparing trials with the invaluable assistance of economic, medical, technological and research experts who help us prepare the necessary evidence for the lawsuit in question. Our team of lawyers assists our clients in trials related to the following matters, among others:
1. Dismissals.
2. Substantial modifications.
3. Quantity claims.
4. Labor harassment.
5. Discrimination.
6. Senior Management.
7. Collective Conflicts.
8. Acknowledgments of Right.
9. Geographic Mobility.
10. Professional classification.
11. Huelga.
Internal company policies
A company’s internal policies and regulations are essential for labor relations, as they can precisely define a company’s values, what is expected of employees who want to pursue a career in that company, corporate governance policies and any other aspect that is relevant to the company.
At the firm, we help our clients to configure these policies in exhaustive detail, depending on the real needs of each company. Our goal is to ensure that the regulations arising from the internal policy accurately reflect the objectives and culture of the company in question, while fully respecting existing laws.
At a time of continuous technological change and the way of understanding labor relations, with the 3.0 and 4.0 industry model already a reality, companies must be proactive in developing an internal code free of risks and potential sanctions, which is updated according to the needs of each moment and is easy to read and understand.
Commercial contracts with agents, consultants and similar entities
From the firm, we assist in the development of relationships with figures that a priori do not have a labor nature but that could involve a potential labor and social security contingent for the company, depending on how the relationship is regulated by the parties in the future. In this sense, we assist our clients in the convenience or not to make this type of contracts and, if necessary, how the parties should coordinate during the provision of services.
In a changing society, where it is becoming increasingly important for companies to rely on legal entities that are not covered by the strict labor law regulations, it is necessary to explore all available ways for companies to freely hire independent professionals, while avoiding incurring the aforementioned liabilities.
Visibility, social and pension plans
We negotiate the implementation of local economic development plans with employee representatives, which may have an impact on the company’s workforce. When identifying new activities or strengthening existing ones, the feasibility plan allows us to evaluate investment possibilities and to know the critical aspects of production and marketing.
We also negotiate and implement pension and complementary social welfare plans and funds for our clients, with interesting possibilities from a financial and tax point of view, as well as being useful tools in HR management and collective bargaining.
Due diligence laboral
We analyze the different areas of a company in the process of evaluation and valuation of an investment in a company. Any transaction involving a financial investment of a certain size (acquisition of a company, taking a significant stake or a substantial part of its assets) implies the existence of various types of risks for the potential buyer.
Technical reports on business organization and economics
We prepare for our clients the technical, organizational or economic reports necessary to justify labor measures of any kind.
We also advise on the proper functioning of the different departments of the company, so that there is a smooth coordination between them. For this, it is necessary to describe in detail the functions of all positions in the company, both managerial and line positions, to know their responsibilities, experience, skills and attitudes of each individual, in order to find the appropriate salary for each profile.
Finally, we elaborate reports on incentive remuneration systems, job evaluation, timekeeping, methods and times, performance systems, etc., as well as the creation of personnel involvement systems that guarantee the obtaining of better results, derived from a greater and better collaboration of the worker in the company’s objectives.
Training of human resources personnel
We train Human Resources personnel to obtain and share the global vision of the area in order to proactively develop the functions of this department which, in short, manages the most important asset of the company: people. To know and apply the most advanced techniques and human resources policies in the development of people. We help the company to learn how to integrate people into the company’s project and to develop the individual’s skills in the area of people management.
Prevention of occupational hazards
Our lawyers are qualified in occupational risk prevention, in the 4 specialties, which allows us to advise on this matter not only from a legal point of view, but also from a technical point of view, in everything related to risk prevention.
Immigration and global mobility
The area of immigration and global mobility is gaining more and more importance in companies, as the globalization of services becomes a necessary element to keep a company competitive.
Our immigration lawyers advise companies and workers in all aspects related to geographical mobility. We provide legal support on residence permits, visas, nationality, foreign hiring in the country of destination or even the so-called remote working. We also help our UK clients to understand what rights and obligations will have the workers residing in Spain after Brexit, as well as those of their family members.
In addition, we help the foreign company to establish itself in Spain with a legal representative, without having to open a permanent establishment, offering all the facilities so that it can hire from Spain, all the personnel it needs, while we manage the preparation of the corresponding payrolls.
Payroll management
National and international
As part of the services that the Firm provides to its clients, there is also payroll management, a service that is offered both nationally and internationally. We offer our clients who are not based in Spain, the possibility of creating a permanent establishment or, if necessary, by means of a power of attorney to empower Suárez de Vivero to represent them within the national territory.
For further information on how to proceed with a representation in Spain of a foreign company, please do not hesitate to contact us.
Our payroll management service includes the following actions:
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