Employment law

Companies restructuring

Our lawyers have a wide experience in restructuring companies in the labor area, in which we have a consolidated experience of more than 40 years. During this period, we have advised companies of nearly all sectors. Our clients include international corporations, small and medium-sized companies, venture capital, investors, etc.

We help our clients to apply the following corporate labor measures in situations of difficulty because of economic, technical, organizational or productive reasons.

Collective downsizing plans

Individual business termination

Temporal downsizing plan

Collective temporal suspension of contracts

Collective reduction of working hours

Substantial modification of working conditions

Geographic mobility

Employment law

Collective Bargaining

Our firm takes a chance on the promotion of collective bargaining for companies, because we are convinced that it is, for its nature, the most effective tool to solve conflicts and to implement social peace. Company agreements have become the most useful and recommended tool by current regulation in recent times, which enables the employer to avoid having to apply a more rigid industry agreement which many times are meant to favor large corporations but not so much medium or small companies.

We help the company to create, negotiate and apply tailored-made agreements.

Employment law

Compliance and ethical behavior

We understand compliance as the respect to all those policies, practices, manuals and regulations that are applicable within the company. We help the company to implement them, according to the client's culture.

Our compliance plans include the following services:

1. Design of the most suitable protocols in accordance with the company's needs. Before the draft of any document, our lawyers will evaluate the company, its strategic objectives, values and internal policies, which will be the basis to design a plan that promotes compliance within the organization.

2. Review and update of the existing plan: if the company already has a compliance plan, we will update it, and offer supervision on it.

3. Training: during the processing of the plan and also when finished, our team will offer training to the human resources and the managing team, in promoting ethical behavior in accordance with the culture of the company and the processes that can be generated in case of non-compliant activities.

4. Investigations and disciplinary proceedings. Once the compliance plan is in force, in our condition as external advisors, we are able to initiate disciplinary files in the case of any serious breach by employees..

Employment law

Discrimination and psychological harassment

Due to the increase of this kind of claims by employees, it's very important to train companies in applying measures against workplace bullying in terms of age, gender, sex, race, religious beliefs, disabilities or other constitutionally protected rights.

We help the company set up individual plans meant to prevent harassment in the workplace.

We can include initiatives that promote gender diversity and equal opportunities among employees, always in accordance with the company's culture..

Employment law

Employment Tax Law

Decisions that the company takes on its employees may have a direct or indirect tax implication to it, which will need to be correctly addressed. This is the case when a working contract with inclusion of certain benefits is agreed by the parties, when a new company agreement is negotiated with inclusion of new conditions or benefits, in case of dismissals that entitle employees to a severance compensation, etc.

We give support not only to companies, but also to executives in the possible tax consequences of all those procedures.

Employment Tax advice will be needed in case of foreign companies that want to set up in Spain and hire employees or any kind of independent consultants; in due diligences before operations of merging or purchase; to HHRR departments when queries related to social benefits are being asked such as transport subsidy, salary in kind, stock options, subsistence allowances, miscellaneous expenses, etc. And last but not least, we assist our clients in litigations related to this matter.

Employment law

Senior management and remuneration

We develop and review work contracts and compensation plans for senior executives.

Regarding the recruitment of a senior executive, its real nature is defined by the degree of responsibility, autonomy and functions that the executive is going to have. Far from simply drafting a contract, we also help the client uncover, with a prior analysis of responsibilities, faculties, tasks and autonomy, if the employee to be hired will have a senior executive role or even one of a different nature, such as mercantile. At the same time, we will analyze the correct Social Security framework that needs to be established for the recruited person.

Regarding the compensation plans, our assessment is directed to make the agreements respectful with Spanish regulation and also, they must reflect in detail and with precision the objectives of the company, so that they go together with the maximum objectivity for the parties. Elaborating remuneration plans has a great component of business strategy, which is indispensable to understand them in detail and it is far from being a simple matter of salary.

Therefore, we help our clients in possible tax impacts that those plans may cause, whether they are stock options, restricted stocks, phantom stocks or any other.

Employment law

Industry 3.0 and 4.0

The new collaborative reality that is already influencing employment law with the GIG Economy and the advance in robotics, and all of its effects for the Company, don't leave us indifferent.

That's why our lawyers work and collaborate currently with companies that have already set up those new systems of collaborative work. We provide labor advice to this kind of companies, in spite of the regulation "gap" that still exists to protect those new ways of work which, on the one hand don't include the necessary elements to be a typical employment relationship and on the other, can't be categorized neither as pure independent consultants..

Employment law

Litigation

Litigation is the essence of an employment lawyer's spirit. That's why, when our clients need assistance in a hearing, we give them a winning strategy. We represent employers of any size before their labor conflicts in the social jurisdiction, we prepare the hearings with the inestimable help of experts in economic, medical, technological and investigation matters, who help us prepare the necessary proof for the current litigation. Our staff of lawyers assists our clients in hearings related to the following issues, among others:

  1. Dismissals.
  2. Substantial changes of 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. Strike.
Employment law

Internal company policies

Internal company policies and regulations are essential for employment relationships, because they can precisely define the values of a company and what is expected from the employees who want to develop a professional career in it. They also include policies of corporate management and any other relevant aspects for the company.

From our firm, we help our clients to create those policies with an exhaustive detail, according to the real needs of every Company.

Our goal is to ensure that the regulation faithfully reflects the objectives and the culture of the company, always respecting the existing laws.

In times of continuous technological change and constant evolution of labor relationships management, and with the new reality of 3.0 and 4.0 industry model, companies must be proactive and elaborate an internal code free from risks and potential fines, which is periodically updated and easy to understand.

Employment law

Commercial contracts, with agents, consultants and similar forms

We help elaborate different contractual relationships and give advice to our clients on whether the type of contract they are looking for is advisable or not, depending on the circumstances.

In case a special employment relationship is chosen by the client, it is our duty to clearly explain the client how should the parties coordinate and what actions to avoid, in order to prevent problems for the future.

In a changing society it's important for companies to count on different forms of contractual relationships, that do not necessarily have to be always regulated as employment relationship, provided they meet certain requirements.

That's why it's necessary to explore all the different ways to contract a third party, and this may include typical independent contractor agreements, economically dependent self-employee contracts, etc. Other ways are also possible and we are happy to offer them to the client.

Employment law

Viability, social and pension plans

We negotiate with workers' representatives the implementation of local economic viability plans and we also negotiate and implement social and pension plans for our clients, which can provide financial and tax advantages.

Employment law

Labour due diligence

We analyze the different areas of a company in an investment or merger project. Every transaction that implies a financial investment of a certain importance (acquiring a company or shareholding part of its assets) implies a different kind of risks for the potential purchasing party.

Employment law

Technical reports for terminations based on business reasons and other reasons

We are responsible for our clients technical, organizational and economic reports that are obligatory to be presented when making collective reorganizations.

We also elaborate reports on incentive and or variable remuneration systems, pension schemes, work-loads, working methods and times, efficiency systems, etc, and we also work in the creation of personal involvement systems which will help the Company and the employees reach higher targets only if we show them to understand the company's values, culture and targets.

Employment law

Human Resources staff training

We are proud to train employees working in the Human Resources section, so that they can have the best legal tools to manage people.

We know and apply the most advanced techniques and human resources policies in people's development. We help the company learn how to integrate people in the company's project and develop their skills in the human resources management area.

Employment law

Occupational risk prevention

Our lawyers have the superior degree in occupational risks prevention, which covers all the existing areas of work: security, ergonomic and psychosociology and hygiene. All this allows us to give a good advice on this matter, not only from a legal point of view, but also technical, in every issued related to risks prevention.