Labour lawyer in Spain
Our labour lawyer is dedicated to resolving the conflict in your best interest, whether you are an employee or an employer. If you are an employer and you are planning to fire an employee, it is crucial in Spain to do it properly in order to avoid a hefty payment in court.
We offer the following services:
- Representation of employees or employers, including attendance in trials.
- General counsel regarding labour legislation, Social Security, and prevention of occupational risks.
- Preparation of reports and drafting of records related to labour offenses.
- Representation before a work inspection.
- Representation before the Tribunal Laboral de Conciliación (TLC), or the Servicio de Mediación, Arbitraje, y Conciliación (SMAC).
Please contact us if you decide you need a labour lawyer.
FAQs:
As an employer, do I need to pay to fire someone?
In a labour ruling in Spain, the burden of proof that the dismissal was justified (and therefore not improcedente) lies with the company. If it is not proven, then the judgement is usually in favor of the employee for 33 - 45 days' salary for each year worked (depending on the type of contract).
A layoff is called a "despido objetivo". In this case, the employer must show it is for one of the following:
- Economic reasons -- the company is not doing well.
- Technical reasons, e.g. new software or new machines make a certain job unnecessary.
- Organizational reasons, e.g. various departments or businesses are merging.
- Reduced demand for a product or service. The company must show a persistent reduction over time.