Labor & Employment Law and Social Security Matters

• Design and adaptation of remuneration and compensation schemes within companies. Drafting of employment contracts and special clauses such as severance pay, exclusivity and non-competition clauses, amongst others.
• Up-to-date case law in line with new labour regulations.
• Specialised employment advice for temporary work agencies.
• Advice on work-life balance arrangements, such as reduced working hours, flexible working arrangements and matters relating to legal guardianship.
• Implementation of working hours records in accordance with the latest regulatory developments.
• Translated with DeepL.com (free version)

• Drafting and adapting Equality Plans for companies.
• Legal training for companies on equality issues.
• Legal support in complying with the mandatory regulations RD 901/2020 and RD 902/2020:
  • Guía sobre Planes de Igualdad tras RD 901/2020, de 13 de Octubre
  • Guía sobre Igualdad Retributiva tras RD 902/2020, de 13 de Octubre
• Collective bargaining, formation of the negotiating committee, and advice on the content and requirements of Equality Plans.
• Implementation of the principle of pay transparency through a Pay Register and Pay Audit, using the appropriate legal instruments.
• Negotiation and implementation of diversity and inclusion plans, and LGBTIQ+ harassment protocols.

• Analysis of the internal situation and the applicable regulatory framework.
• Identification of occupational risks, design of preventive measures, and drafting, reviewing, monitoring and following up on occupational compliance programmes.
• Drafting and updating of internal codes of conduct.
• Definition of expected conduct and disciplinary procedures in the event of breaches.
• Implementation and review of the whistleblowing channel, as well as its monitoring and follow-up to ensure its effectiveness and confidentiality.
• Delivery of training courses on employment obligations and risk prevention to promote internal awareness.
• Employment lawyers to lead and manage internal investigations into breaches of employment regulations.
• Preparation of technical and expert reports for judicial or administrative proceedings.
• Adaptation of labour compliance protocols and policies in accordance with current legislation, and ongoing advice.

• Employment lawyers specialising in collective bargaining: collective agreements, company agreements, corporate policies; taking into account the specific characteristics of each company and sector.
• Legal advice in cases of strikes and lockouts.

• Lawyers specialising in specific employment matters within the entertainment, sports and other sectors.

• Assistance with labour inspections and requirements from public authorities. Legal advice to companies on workplace accidents and occupational illnesses, to minimise risks and ensure regulatory compliance.
• Guidance on managing sick leave and incapacity procedures, optimising costs and avoiding disputes.
• Defence against notices of infringement and assessment notices, penalties and administrative proceedings.
• Design and implementation of occupational risk prevention plans and preventative strategies tailored to the company’s sector.

Advice on international mobility for national and multinational companies, to facilitate the management of their staff in situations of global mobility, whether they are being posted to Spain or to a third country.

The internationalisation of Spanish companies means that the secondment of their staff is becoming increasingly common and presents numerous challenges for their Human Resources departments. We provide specialist services in employment and tax law to offer concrete and practical solutions, with international coverage through our global partnerships, which enable us to operate in over 150 countries with specialist professionals worldwide. Some of our services include:

• Drafting of staff secondment policies
• Handling of social security formalities and procedures for employees
• Analysis of international legislation in the destination country
• Outsourcing of administrative procedures and formalities relating to employee mobility
• Optimisation and assistance with applicable tax matters, in order to avoid, amongst other things, double taxation.

• Employment lawyers specialising in collective redundancies / EREs and corporate restructuring.
• Handling of Temporary Employment Regulation Schemes (ERTE due to force majeure and ERTE ETOP), with legal and strategic support.
• Planning and implementation of objective and disciplinary dismissals, and planning of the disciplinary framework within the workplace.
• Advice on the termination of fixed-term contracts, in accordance with current regulations and avoiding legal risks of non-compliance.
• Management of insolvency proceedings in the context of restructuring and liquidation processes.
• Employment lawyers specialising in the implementation of substantial changes to working conditions, geographical redeployment and functional redeployment processes.

• A team of employment lawyers specialising in cases involving groups of public sector employees affected by unlawful practices: long-term temporary staff.
• Management and advice on the termination of employment relationships within the public sector.

• Drafting of contracts and special clauses, such as severance packages and non-competition clauses, in the recruitment of senior executives.
• Termination of the employment relationship and suspension of senior management contracts.

• Labour Audits and Due Diligence
• Comprehensive review of compliance with labour regulations through audits and due diligence.
• Identification of labour risks in corporate transactions.
• Risk assessment in strategic commercial transactions such as acquisitions, mergers, demergers, spin-offs, contributions of business lines, and outsourcing and insourcing processes.
• Analysis and drafting of labour clauses in commercial contracts: Share Purchase Agreements (SPAs) and earn-outs, amongst others.
• Standardisation of employment conditions during workforce integration and harmonisation of internal policies.
• Design and implementation of workforce restructuring plans linked to commercial transactions.
• Proactive and strategic advice on adapting to labour regulations in the context of corporate changes.

• Specialised courses for in-house legal departments on legislation and case law.
• Training for senior managers and specialists in human resources and industrial relations.
• A tailored approach for each company, based on the specific nature of its business and sector.
• A practical and interactive methodology based on real-life cases and needs, and the expertise of our lawyers specialising in employment law.

• Representation and defence in employment tribunal proceedings and the handling of appeals, ensuring the best possible strategy.
• Drafting of conciliation notices and court claims.
• Advice on out-of-court settlements and mediation, seeking solutions to avoid litigation and reduce costs.
   

• Study and analysis of the structure of human resources and industrial relations policies within companies to identify potential issues, determine measures to optimise resources, avoid risks and generate cost savings.
• Documentation and advice on preventive measures implemented by specialist employment lawyers.
• Ongoing legal advice tailored to the specific characteristics and circumstances of each company and sector.