Our employment law team (labor law and employment attorneys, in US English; abogado laboralista, in Spanish) advises employees in Spain on employment contracts, dismissals, working conditions, pay and benefits, and we represent them in employment litigation when a dispute with the employer cannot be settled. If you are an expat working in Spain and your Spanish is limited, we explain your contract, its clauses, your payslip and your options in English, and you can send us the documents by email before the consultation, and we defend your interests against the company at every step of the procedure.
Spanish labour law (Derecho laboral) sets out the rights of every employee: a contract in written form when the law requires it, registration with the Social Security system (Seguridad Social), pay according to the applicable collective agreement (convenio colectivo), paid holidays and protection against unlawful dismissal. Employees can also ask to adapt their working hours to balance work and family life (art. 34.8 of the Workers’ Statute), and they have a right to digital disconnection outside working hours (art. 20 bis). Companies with 50 or more employees must also have an equality plan (plan de igualdad). The main rules and requirements are in the Workers’ Statute and in the collective agreement for your sector, and compliance with them is checked by the Labour Inspectorate (Inspección de Trabajo). At the first consultation we look at your situation and tell you what the law requires of your employer.
If you have been dismissed, time is short: you have 20 working days from the dismissal decision to challenge it (art. 59.3 of the Workers’ Statute, Estatuto de los Trabajadores). First a conciliation claim (papeleta de conciliación) is filed with the regional conciliation service; if there is no agreement, the case goes to the Employment Court (Juzgado de lo Social).
If the court rules the dismissal unfair (despido improcedente), the employer chooses between reinstating you or paying compensation of 33 days’ salary per year of service, up to a maximum of 24 monthly payments (article 56.1 of the Workers’ Statute). We check the calculation of the compensation and of any unpaid salary or holidays in the settlement (finiquito). Different rules apply to contracts signed before 12 February 2012. If the dismissal breached fundamental rights or was discriminatory, it is void (nulo) and you must be reinstated.
Advice on signing, amending and terminating employment contracts, including drafting and review.
Advice on all types of leave of absence (excedencia) and on adapting or reducing working hours.
Representation and defence in dismissal cases, salary claims, compensation and disciplinary measures.
Assistance in collective bargaining, strikes, trade union disputes and other matters concerning workers’ collective rights.
Our firm handles employment and labour law matters for employees of Spanish and international companies and businesses, including expats and people who have moved to Spain from another country, in every area of employment law. We work from our offices in Madrid and Barcelona and with clients across Spain. These are the cases we see most often in each city.
You deal directly with the lawyer handling your case, who explains each step to you in English.
We tell you from the start which steps your case involves, which documents we need and which legal deadlines apply.
