Employment Law

Dismissals

We advise and represent employees and employers in matters concerning the
termination of employment relationships.

Our services include:

• Disciplinary dismissals.
• Dismissals on objective grounds.
• Challenges to dismissals.
• Claims for unfair dismissal.
• Claims seeking a declaration that a dismissal is null and void.
• Negotiation of severance payments and termination agreements.
• Representation in mandatory conciliation proceedings and before the
  Labour Courts.

Every dismissal requires a careful assessment of the grounds relied upon,
the available documentation, compliance with formal requirements and the
applicable time limits for bringing a claim.

Wage and Compensation Claims

We handle claims arising from unpaid amounts or disputes concerning
remuneration and other financial entitlements under an employment
relationship.

These may include:

• Unpaid wages and salaries.
• Salary differences.
• Overtime payments.
• Commissions.
• Bonuses and incentive payments.
• Accrued and unpaid holiday entitlements.
• Severance and other compensation.
• Amounts due under collective bargaining agreements or employment
  contracts.

Before commencing proceedings, we assess the basis of the claim, quantify
the amounts potentially recoverable and review the evidence required to
substantiate the claim.

Recognition and Enforcement of Employment Rights

We advise and represent clients in proceedings seeking the recognition,
protection or restoration of rights arising from the employment
relationship.

These matters may concern:

• Working hours and schedules.
• Professional classification and job categories.
• Working conditions.
• Work-life balance and family-related employment rights.
• Rights established under collective bargaining agreements.
• Contractual employment rights.
• Substantial changes to working conditions.
• Employer decisions affecting an employee’s statutory or contractual
  rights.

The appropriate strategy will depend on the nature of the right in dispute,
the employer’s actions and the specific procedural deadlines established
under Spanish employment law.

Challenging Disciplinary Sanctions

We advise employees on challenging disciplinary sanctions imposed by
employers where they may be unjustified, disproportionate or otherwise
contrary to Spanish employment law.

Our assessment may include:

• The facts alleged against the employee.
• The legal and disciplinary classification of the conduct.
• The proportionality of the sanction.
• The procedure followed by the employer.
• The applicable collective bargaining agreement.
• The existence and sufficiency of supporting evidence.

Where appropriate, we bring the necessary proceedings to seek the full or
partial revocation of the disciplinary sanction.

Pre-Litigation Advice and Negotiation

Not every employment dispute needs to result in court proceedings.

Where circumstances permit, we assess the possibility of reaching a
negotiated solution designed to reduce uncertainty, costs and procedural
exposure.

Our involvement may extend from the initial legal assessment and
pre-litigation negotiations to representation in mandatory conciliation
proceedings and litigation before the Spanish Labour Courts.

Employment Law Representation in Spain

Employment disputes can have immediate professional and financial
consequences for the parties involved. Prompt action is therefore
particularly important, especially given the short limitation periods that
may apply to certain employment claims.

At EBAN Abogados, we assess each matter individually and
define the appropriate legal strategy according to the facts, the available
evidence and the client’s objectives.