Labour and Employment Law:

• Advice on the execution of employment contracts: types of contract and contractual clauses best suited to the needs, operations and structure of each enterprise.

• Advice on various aspects of employment relationships:

• Terms of emplyment.

• Preparation of payslip.

• Registrations, cancellations and modifications regarding affiliation to Social Security system.

• Preparation of documents regarding Social Security contributions.

• Legalization of new companies.

• Labour Inspections.

• Salary structure and compensation: variable remuneration system. Salary Sacrifice. Performance manuals and policies. Stock-based incentive systems (stock option plans, stock purchase plans, phantom stock plans, SARs, RSUs, etc.). Compensation systems for personnel on assignment.

• Geographic and functional mobility. Material modifications to working conditions.

•  Working hours, vacation, etc 

• Termination of employment contracts: proper formalization of contractual terminations by the company and defending the company in any proceedings brought before the labor courts.

• Expatriates workers.

• Review of procedures at the company in relation to compliance with the obligations provided for in labor and employment, social security and occupational risk prevention legislation (labor audits). 

• Drafting of senior management employment contracts by having regard to the whole host of possible clauses and aspects, devising a solution tailored to the needs of the company.

• Advice on the limits to, and the viability of, golden parachute and non-compete clauses, in accordance with the law and with market conditions.

• Advice on the inclusion of executives in the company’s hierarchical structure: potential coexistence of employment and independent contractor relationships. Legal limits.

• Drafting of bylaw provisions on the holding of dual positions: inclusion in the company bylaws of specific clauses on the employment law treatment of the company’s senior executives.

• Advice on the removal of company managers: vacation of office and contract terminations, legal and practical procedures, solutions and agreements. 
  

• Subsidies and incentives for hiring: providing information and advice on subsidies for hiring envisaged in both central and autonomous community government social security legislation.

• Social security programs: advising on the social security programs applicable to the range of circumstances that may arise at the company and analyzing the correctness of the categorization of workers for social security purposes. 

• Advice on social security contributions, indicating the legal treatment of each of the compensation items existing at the company. 

• Acting in administrative and other appeals against assessments and/or official notices of infringement issued by labor inspectors as a result of social security infringements by the company. 

• Advice on employee welfare instruments in the event of company closure. 

• Handling of the legal defense against claims under the corporate employee welfare system.

• Appeals against official notices of infringement issued by labor inspectors as a result of infringements of the specific legislation and/or arising from accidents in the workplace. 

• Acting in disputes with workers’ representatives assigned prevention duties (occupational risk prevention officers) in relation to their consultation and participation functions under the Occupational Risk Prevention Law. 

• Negotiation of Collective Labor Agreements. 

• Negotiation of non Workers’ Statute-based Collective Labor Agreements, company or workplace agreements. 

• Corporate restructuring processes and reorganizations: we offer unrivalled expertise when it comes to the most complex operations involving restructuring, reorganization, downsizing, reengineering or partial or total closures involving redundancies (we have extensive experience in all phases of collective layoff procedures). Early retirement, income systems and outplacement during collective layoff procedures (design of the proposed collective layoff package attached to the application for a collective layoff procedure). 

• Material modifications to working conditions: Conducting the legal procedures established for the implementation by the company of material modifications of a collective nature. 

• Relations with workers’ representatives, both in the ordinary course of the company’s activities and in situations of labor unrest. 

• Labor union elections: advice on the legal procedures and implications of the elections. 

• Relations with labor unions: a key element of employer/employee relations at the company. 

• Design strategic planning for and implementation of projects relating to outsourcing, contractors and subcontractors. 

• Labor law recommendations in order to define the responsibilities of the principal contractor for the subcontracting of work or services. 

• Procedures for the change of company ownership: business successions, and strategic and legal advice on the various types of succession. Mergers and acquisitions. 

• Contracts for services: advice on whether contracts for services with companies or individuals are compliant with labor law. 
  

• Individual conciliations.

• Collective conciliations.

• Firm labour audit

• Dismissal proceedings: handling the legal defence and acting as counsel for our clients in court proceedings and in the preliminary administrative phase. 

• Defence of companies in proceedings related to collective disputes brought by workers or labour unions before the relevant forums. 

• Acting on claims at the labour courts in general, in other words, any claims arising from disputes between the company and its workers during the term of or as a result of their labour contract.