Mariscal Abogados relies on a team of lawyers specialized in the labour field. Our international training allows us to support national and foreign companies that require labour and employment advice in Spain.
As a multidisciplinary firm, our labour and employment advice is comprehensive, as we collaborate with the rest of the firm to provide a complete service adapted to the language required by the client.
Our services include:
Labour contracting
Our services in employment contracts are comprehensive: guidance to companies regarding the development and customisation of employment contracts according to their specific requirements, operations, and structure; contractual clauses review, adapting them to the current regulations in Spain (for example, data protection clauses in line with the new GDPR). We also advise and prepare everything related to dismissals and the termination of contracts.
We carry out projects to optimise the structure of companies’ workforces, using the different contractual modalities available on the market and ensuring compliance with labour regulations, especially concerning temporary contracts.
Labour Due Diligences
We conduct labour audit procedures (Due Diligence) from the perspectives of both the buyer and the seller. Our analysis focuses on the company’s compliance with labour law and aims to identify potential labour breaches that could affect the transaction.
The labour law audit considers general Spanish labour law regulations and those specific to its type and activity. We conduct the audit collaboratively, involving all relevant teams, ensuring the final report presents coherent conclusions. These conclusions are essential for negotiating an appropriate price for the transaction. The areas under study include, but are not limited to:
- General description of the staff, including possible special staffing situations
- Adequacy of the applicable legal regime
- Situation of the board of directors and managers
- The company’s recruitment policy and its compliance with labour legislation, especially regarding temporary contracts
- Remuneration regime
- Study of contracts with third parties (potential illegal transfer of workers or false self-employment)
- Social security
- Working time
- Terminations, litigation, and labour inspections
- Equality and complaints channel
- Workers’ representatives and the social climate
After presenting the report, we will offer our advice for resolving any potential labour contingencies identified, should the purchasing party be interested.
We also provide our services to companies that do not intend to undergo any transactions affecting their structure but wish to conduct a legal labour analysis. This review aims to proactively prevent non-compliance issues that could result in sanctions by the Spanish labour authorities.
Top managers, administrative bodies, and managers
Our services encompass a wide range of activities, from analysing the nature of the employment or commercial relationship between the employee, administrator, or senior manager and the company, to drafting appropriate contracts and assessing the Social Security Scheme, if necessary.
Apart from contract drafting, we advise on any special clauses the company might want to include, such as non-competition agreements, golden parachute clauses, exclusivity, confidentiality, and more.
In this context, our work also involves studying the enforceability of existing clauses and the potential risks of non-compliance by top managers, administrators, or managers. We offer guidance to the company concerning employment termination, providing support in negotiation and drafting agreements for the conclusion or suspension of prior employment relationships when required.
Collective bargaining
Our collective bargaining services range from negotiating collective agreements and contracts to advising on retirement processes or redeployment in the case of large-scale redundancies.
Our services include negotiations with employee representatives and trade unions and consultations with collective bargaining advisory committees.
We participate in all phases of employment regulation proceedings, preparing the necessary documentation, acting as mediators in negotiations with advisory committees and employees and communicating with the relevant labour authorities.
We handle cases of temporary employment regulation (Expediente Temporal de Regulación de Empleo or ERTE) due to force majeure (as with COVID-19) and for objective reasons.
Labour procedures
Our team has extensive experience in the preliminary administrative conciliation process and before the Spanish Social Courts.
We assist in all types of proceedings, including:
- Individual and collective dismissal procedures
- Payment claims
- Substantial modifications to employment contracts
- Job classification
- Claim procedures for the recognition of rights
- Subrogation of companies
- Illegal assignment of workers
Other labour law services
In addition to the above, we advise in all areas of labour law that are mandatory in the Spanish legal system. These services include, among others:
- Review and implementation of teleworking policies and teleworking contracts with employees
- Negotiation and elaboration of equality plans
- Complaints channel
- Elaboration of leave protocols or any other company policy necessary for the proper functioning of the company
- Remuneration engineering: Flexible remuneration plans
- Reports on travel from the point of view of employment, foreigners, and Social Security
- Substantial modifications of working conditions, both individual and collective
- Staff training in equality and any other labour area
- Individual and collective dismissals
- Advice on company successions and assessment of their consequences from an employment point of view
- Advice on the constitution of administrative bodies, both from the point of view of Social Security and the point of view of the labour or commercial relationship
Immigration Law
- Advice from a migration, employment, and Social Security point of view when hiring a senior manager (Profesional altamente cualificado) who is not a national of the European Union or the Schengen Area.
- Registration of citizens of the European Union or Schengen Area in the Central Register of Foreigners of the Union, as well as their family members
- Highly Qualified Workers Permit
- Investors’ Permits (Golden Visa)
- Intra-corporate permits
- International Teleworker Permits