ANTICIPATING AND PREVENTIVE
Prevention First, Resolution When Needed
Managing employment matters in Spain requires legal certainty, careful documentation and a practical understanding of employee protections, collective agreements and dismissal procedures.
We advise companies on employment and labour law in Spain, with a team focused on preventing disputes and resolving sensitive employment matters efficiently.
Contact us for a free consultation to review your contracts, employment risks and labour law obligations in Spain.
EFFECTIVE SUPPORT AND PLANNING
We support employers throughout the employment relationship in Spain. The work starts by understanding your workforce, business needs, applicable labour framework and risk areas, so advice is practical and aligned with your operations.
We assist with employment contracts, working conditions, disciplinary measures, dismissals, settlement agreements, internal policies, employee claims and labour inspections. We help you make decisions that are legally sound and commercially realistic.
Finally, we coordinate with HR teams, payroll providers, management and external specialists where needed. Our team combines legal accuracy with a pragmatic approach, helping you reduce exposure and handle employment matters with confidence.
EFFECTIVE SUPPORT AND PLANNING
We draft and review employment contracts, addenda, confidentiality clauses, remote work arrangements and internal policies. We ensure documentation reflects the role, compensation, working conditions and applicable Spanish labour requirements.
We advise on disciplinary dismissals, objective dismissals, settlement agreements, notices and severance calculations. We prepare the required documentation and help manage the process carefully, reducing the risk of claims and unnecessary conflict.
We support you in employee claims, negotiations, conciliation procedures and labour disputes. We review evidence, define strategy and seek practical resolutions while protecting your legal position and business continuity.
We review contracts, working time, salary structures, policies and mandatory labour compliance obligations. We identify risk areas and provide clear recommendations, so your company is better prepared for inspections, claims and operational changes.
FREQUENTLY aSKED QUESTION
Spanish law distinguishes between indefinite and fixed-term contracts. Since the 2022 labour reform, temporary contracts are only permitted in two narrow circumstances: production peaks of up to 90 days per year, or genuine substitution of an absent employee. Using a temporary contract where an indefinite one is required exposes the company to unfair dismissal claims and automatic conversion to permanent employment.
A disciplinary dismissal is based on the employee’s conduct and, if upheld, carries no severance entitlement. An objective dismissal is based on economic, technical, organisational or production grounds and requires a minimum severance of 20 days’ salary per year of service, capped at 12 monthly payments. Both types require specific documentation — errors in procedure make the dismissal challengeable and increase potential liability significantly.
For an objective dismissal, the minimum is 20 days’ salary per year of service, up to 12 monthly payments. If a dismissal is declared unfair by a labour tribunal, severance rises to 33 days per year of service, up to 24 monthly payments. Disciplinary dismissals that are upheld carry no severance, though collective agreements may establish additional amounts.
Before filing a claim in the labour courts, an employee must attend a mandatory pre-judicial conciliation act — an administrative hearing in which both parties attempt to reach a settlement. If no agreement is reached, the employee may proceed to the labour tribunal. We represent companies in these proceedings and advise on whether settlement or litigation is the more appropriate course.
Yes, but it must meet specific legal requirements to be enforceable: a legitimate commercial interest, a maximum duration of two years for technical personnel and six months for others, and adequate financial compensation during the restriction period. Clauses that do not meet these conditions are not enforceable. We draft non-compete and confidentiality clauses that are legally valid and proportionate to the role.
Beyond payroll and Social Security, Spanish companies must maintain a daily working time register, an annual salary register, and a harassment prevention protocol. Companies with 50 or more employees must also implement a formal equality plan. Labour risk prevention is mandatory for all companies with employees, and fines for non-compliance range from €45 to €984,000 depending on the severity of the infraction.
Inspections can be triggered by an employee complaint, Social Security data cross-checks or a sector-wide audit campaign. Inspectors review contracts, payroll records, working time registers, collective agreement compliance and safety protocols. If an inspection is announced, do not respond without legal advice — how documentation is presented materially affects the outcome.
EFFECTIVENESS AND CONTINUOUS SUPPORT
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