Reorganisation in Spain
Doing business is taking risks. Sometimes, reorganisation is necessary. The first and fundamental characteristic of a reorganisation is change. Change in the organisation of the company, with the consequent changes for you as entrepreneur, but also for the employees.
The size of these changes varies from one company to the other, and from one person to the other. The goal of a reorganisation is virtually always obtaining capital, or in simple terms, making (more) profits.
In Spain there are many factors to be taken into account in a reorganisation, so it implies several major risks. After all, while the reorganisation is taking place, the worker is protected against dismissal, and the judge generally attributes the financial circumstances to the entrepreneur's risk. An appropriate settlement is required for those employees considered for collective dismissal. Among other things, a social plan should be developed. Then, this plan should be agreed with the workers' committee and the professional organisation. By means of a redundancy or outplacement programme the payment of high severance compensations may be prevented.
As an entrepreneur in Spain, you should also prove and justify the need for the reorganisation with financial information. As the consequences of a reorganisation have an impact not only on the management but also in the legal sphere, it is advisable to leave no loose ends, in order to prevent future weaknesses. The same happens with the partners who leave the company. When this happens, the interests of the company and those of its partners are not always shared. It is necessary to find a quick and unequivocal solution that is fair to the interests of both parties.
The reorganisation of your company is a highly specialised job. You may contact directly Gimbrère International Lawyers, specialists in company reorganisations. After all, you are not willing to see your company run undefined or unacceptable risks.
