Our specializations explained
LABOUR LAW IN SPAIN: GIMBRÈRE ADVOCATEN IS YOUR LEGAL ADVISOR
Spanish Labour Law differs extensively in comparison with Dutch Labour Law. There are several differences, for example, in terms of types of contracts, probationary periods, non-competition clauses, salary payments, proceedings to carry out in case of sickness, the prior notice term and overtime.
Spanish Labour Law also presents lots of differences in terms of dismissals and from a procedural point of view in comparison with Dutch Law. A clear example of it is that in Spain the parties, before going to court, must go through a sort of mediation as an intermediate stage.
The law practice of Gimbrère International Advocaten within the scope of Labour Law is composed of experienced labour lawyers looking closely at the evolution of Labour Law (inter)nationally, given their high level of specialization in the field. Our labour lawyers can assist you in all those issues relating to Labour Law that might arise. In this regard it does not matter whether your issue arises from either the point of view of the employer or the employee.
In case an issue related to Labour Law arises in Spain, like for example, the need to draft or to review a labour contract or to manage a dismissal (within the scope of a bankruptcy proceeding, for example), you can then contact our labour lawyers at Gimbrère Advocaten.
Your company in Spain
In practice we frequently see that certain Dutch companies are willing to expand their business activities in Spain. Our lawyers can take care of all the issues that arise regarding both Company and Labour Law.
When you are establishing a Spanish company and you are willing to hire employees, you have to take into account that Spanish Labour Law differs from Dutch Labour law in several aspects. For example, in addition to Spanish Labour laws, there are the so-called collective bargaining agreements (“convenios colectivos”), which are also applied to the labour relationships and differ from what is set out by law in several issues. Taking the Spanish system into account, we can offer, among other legal services, the possibility to draft a labour contract in accordance with Spanish Labour Law considering, if so desired, the labour terms set out in the Netherlands. Therefore, there might be a certain harmony regarding the labor terms. Managing the collection of your salary is also a service that can be provided.
In case you are interested in our legal services, please do not hesitate to contact us.
Spanish Labour Law presents many differences in comparison with Dutch Labour Law in terms of dismissals and proceedings.
There are several ways to put an end to a labour contract in accordance with Spanish Labour Law. The most commonly used forms are:
- Disciplinary dismissal (fair or unfair)
- Objective dismissal
- Expiry of a fixed-term contract
- Termination of the contract by mutual agreement
- Collective dismissal
In case an objective dismissal or a disciplinary dismissal takes place, it is not required to count on an authorization to proceed with it nor a court order. The employee is however entitled to oppose the dismissal, in which case the dispute generally focuses on the amount to be paid as a compensation. There are several options in these situations.
Before going to court, the parties must go through some sort of mediation.
Do you have any questions in connection with a dismissal proceeding to be initiated or already initiated? Please contact us.
When you as employer start business activities in Spain and want to draft a labor contract in accordance with Spanish Labour Law, it is important to keep in mind the existing differences with Dutch Labour Law. The existence of the so-called collective bargaining agreements (“convenios collectivos”) is a clear example of this since these are applicable to the labour relationships and they are often far from what the Spanish labour laws state. Therefore, the labour lawyers working at Gimbrère Advocaten are at your disposal to assist you regarding the particularities of Spanish Labour Law. We can also assist you at the time of drafting a labour contract in compliance with Spanish Labour Law attending to the labour terms of reference in the Netherlands.
When preparing a labour contract in accordance with Spanish Labour Law, we can check it for you and provide you with legal advice. It is important that you understand what you are about to sign and the type of labour relationship that you are going to initiate with your future employer.