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The growing complexity of employment matters is a reality that is a cause for concern in day-to-day business activity. The case law regulating the development of work relations and the multitude of aspects subject to regulation present multiple effects and consequences in both the employment and social security fields, leading to uncertainty when adopting decisions in the company or when trying to balance business needs with the many rules applicable to relations with employees.
This can affect both business organisation aimed at optimising production operations as well as adjustments in the size of the workforce or the reorganisation of working methods in accordance with the possibilities offered by technological developments. These are decisions whose significance renders them impossible to assess and implement by means of experimental or poorly founded circumstantial criteria. Nor can administrative practice be sufficient to solve legal problems whose complexity is not only limited to the interpretation or application of employment regulations but also to their implementation and coordination with the work organisation methods and objectives of each company.
Martínez-Echevarría has a team of professionals specialised in the field, whose experience and recognised prestige enable us to offer reliable and effective advice on any employment matter. Within the Employment Practice -one of the essential departments of the firm-, our excellent team of specialists has been providing comprehensive advice to a large number of companies and has also obtained very significant results in legal defence activities. With professional backgrounds in the employment sector, Employment Tribunals or University Chairs in Employment and Social Security Law, our lawyers are highly capable of providing both advice as well as legal assistance to any client who may so require.
Our experts provide information, advice and defence in matters of employment, working conditions, company restructuring and social protection relations. Below you can find a list of the most frequently performed actions in the employment practice.
In the field of employment:
– Types of employment contracts. Senior positions and other special employment relationships. Immigration and cross-border workers.
– Employees in the public sector (access and labour exchanges / job pools, irregular temporary recruitment, types of contract).
– Measures and actions to promote employment and benefits for the company.
– Documentation and registration of employment contracts.
– Non-competition, exclusivity and employee permanence agreements.
Organisation of work activity:
– Organisation of work positions. Functions and mobility between professional groups and categories. Remote working. Geographical mobility of employees.
– Modification of working conditions (working hours, timetable, shifts, functions, remuneration).
– Organisation of working hours (working day and registration, timetables). Vacation and leave. Reconciliation of work and family life.
– Work remuneration. Remuneration systems. Performance-related pay (production bonuses and incentives, bonuses, stock options).
– Formation of company groups and production distribution.
– Contracting or outsourcing of business activities.
– Employment advice in cases of acquisitions, mergers, takeovers and other forms of business succession (this advice will be provided in coordination with the relevant civil, commercial or tax requirements to be taken into account).
– Temporary workforce restructuring plans: drafting, management and processing of the same.
– Collective redundancies and individual and plural dismissals (in each case we will adopt the legal form that corresponds to the company’s intention regarding the workforce).
Advice and defence in social security matters:
The application of social protection systems offers several aspects that are relevant both in its business projection and in the scope of its responsibilities, as well as at an individual level in the exercise of the protection on beneficiaries.
The success obtained in numerous claims made by recipients of benefits, their qualification or the calculation of their amount, endorse the services we offer in this field, which extend to all relations with social security authorities.
In particular, we offer extensive experience in the recognition of degrees of disability related to work-related illnesses or conditions, creating an important collection of judicial doctrine favourable to our claims.
Collective labour relations:
Trade union dialogue or social dialogue within the company requires a specialised and technical intervention that offers advice not only on the controversial issues but also on the drafting and establishment of dialogue instruments.
For this purpose, the adoption of some of the above measures may have a collective projection, making it necessary to follow specific procedures based on consultation and negotiation with workers’ representatives. The firm will not only advise on the development of these procedures but also on the instruments necessary to construct social dialogue (election of workers’ representatives or appointment of negotiating committees).
In particular, among our advisory services, we offer:
– Drafting of company documents, pacts or agreements with workers’ representatives.
– Preparation and documentation of company collective agreements. Development of negotiations and processing of agreements.
– Drafting and negotiation of equality plans for those companies that are obliged to have them or freely wish to have the corresponding accreditation. After carrying out an analysis of the situation in the company, we prepare a proposal that will serve as a basis for negotiation with the workers’ representatives and approval of the final text, the drafting and processing of which is carried out by our lawyers. If necessary, we also prepare protocols for dealing with harassment situations.
– We also offer advice on the implementation of safety measures and compliance with regulations on occupational risk prevention.
– For those companies that wish to know their situation with regard to legal or treaty requirements and mandates, we have extensive experience in the preparation of “Labour Audits”, which prove very useful for the regularisation of situations that sometimes lie undetected and which are highly valued in the generation of company image.