Labour Law
Labour Law includes issues such as dismissals or employer's bankruptcy, as well as unpaid salaries in case of diseases, change in the working place decided by the employer, damages at the working place resulting from an accident, etc., which often requires legal advice.
In case of dismissals, the employee and the employer must attend a mediation meeting to try and settle the issue. In case of settlement, the employee may be reinstated or the employer may pay a severance pay. The settlement agreement may be executed without resorting to a court.
If no agreement is reached, the employee will have to file a complaint with the competent labour court, which shall be determined by the place where the work is carried out and by the place where the employer is settled.
In Spain, when the employer goes bankrupt, the employee is entitled to be paid the Wages Guarantee Fund (Fondo de Garantía Salarial, in Spanish). In general terms, the payment is calculated on a 30 day basis per year of seniority, but it shall not be higher than three times the minimum interprofessional wage.
Gimbrère International Advocaten may give you advice on all legal labour disputes. However, please bear in mind that labour proceedings usually take a long time in Spain.
