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 in the following areas:

LABOUR CONTRACTING

Our services in labour contracting are very extensive. We advise companies on drafting and adjusting employment contracts, adapting them to their specific needs, functioning, and structure. We analyse and revise the contractual clauses, adapting them to the current regulations in Spain – data protection clauses in line with the new GDPR, for example-. We also advise and prepare everything related to dismissals and the termination of contracts.

LABOUR-LEGAL SERVICES

We carry out labour audit procedures (Due Diligence), analysing 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
  • Remuneration record
  • Telecommuting agreements, among others.

SENIOR MANAGEMENT AND EXECUTIVES

Our services cover the drafting of senior management employment contracts and their revision, including golden parachute provisions and non-compete clauses. Our work involves the study of the stipulations in force and the cases of non-compliance by the senior management. We advise the company in cases of termination of the employment relationship in terms of negotiation with senior management and with the drafting of termination agreements.

COLLECTIVE BARGAINING

In the area of collective bargaining, our functions range from negotiating collective agreements and agreements to advising on retirement processes o reemployment in case of large redundancies. Our services also include negotiations with employees’ representatives and trade unions, as well as consultations with the advisory committees of collective agreements.

We participate in all phases of employment regulation proceedings, preparing the necessary documentation and mediating in negotiations with advisory committees, in individual negotiations with workers and in communications with the relevant labour authorities.

We process temporary employment regulation files (Expediente Temporal de Regulación de Empleo or ERTE), due to force majeure (as with the COVID-19 case) and to objective causes.

LABOUR PROCEDURES

Our team has extensive experience in the prior administrative conciliation process and before the Spanish Social Courts.

We provide legal assistance in all kinds of procedures, among which are:

  • Dismissal procedures
  • Payment claims
  • Substantial modifications to employment contracts
  • Job classification
  • Claim procedures for recognition of rights
  • Subrogation of Companies
  • Illegal assignment of workers.