Mariscal & Abogados relies on a team of labour lawyers specialized in the labour field. Our international training allows us to give support to national and foreign companies that require labour advice in Spain, among others regarding:
LABOUR CONTRACTING
Our services in the area of employment contracts are comprehensive. We advise companies on drafting and adjusting employment contracts, adapting them to their specific needs, functioning, and structure. We review contractual clauses, adapting them to the current regulations in Spain – for example, data protection clauses in line with the new. We also advise and prepare everything related to dismissals and the termination of contracts.
LABOUR-LAW SERVICES
We carry out labour audits (due diligence), examining the legal labour situation of the company, from its essential compliance obligations (everything related to the application of the new labour reform) to other mandatory regulations:
- Time registration
- Equality plans
- Digital disconnection policy
- Payroll records
- Distance work agreements, among others.
SENIOR MANAGEMENT AND EXECUTIVES
Our services cover the drafting and review of senior management employment contracts, including golden parachute provisions and non-compete clauses. Our work includes reviewing existing arrangements and cases of non-compliance by senior management.
We advise on the termination of employment relationships. We negotiate with senior management and draft termination agreements.
COLLECTIVE BARGAINING
Our collective bargaining services range from negotiating collective agreements and contracts to advising on retirement processes or redeployment in 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 in the case of 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 provide legal assistance in all types of proceedings, including:
- Individual and collective dismissal procedures
- Payment claims
- Substantial modifications to employment contracts
- Job classification
- Claim procedures for recognition of rights
- Subrogation of companies
- Illegal assignment of workers