We have extensive experience in this sector and are well versed in matters related to your applicable labor legislation.
Specialized and qualified advice in everything related to this area.
Advice to companies and artists and preparation of contracts. We also carry out contracts related to Image and Authorship Rights.
We prepare and process all types of contracts.
The CEO contract has legal specialties. We are in constant contact with companies and senior executives so tha we have become specialists in certain special relationships, especially that of Senior Executives.
The Senior Executive's contract is essential to determine how the relationship between the company and the Manager will be configured. Also to anticipate its termination.
We know how to agree positions between the company and the person interested in the CEO job, and we draft the contract knowing how it is foreseeable this document will be judged. We therefore advice the client in the preparation of the employment contract because we consider it very essential in the special employment relationship of the senior manager.
In the event of conflict, we know how to negotiate and defend the positions and claims of both the Senior Manager and the Company. Our experience allows us to use both legal arguments and ethical or material arguments.
Collective bargaining makes it possible for employers and workers to define through an agreement the rules that will govern their future employment relationship.
Thorough knowledge of negotiation strategies is absolutely necessary in these cases, whenever you see to reach a positive agreement for the future labor relations of the company.
We believe in social dialogue and we understand collective bargaining as an effective way of updating working conditions on a daily basis. We offer our specialized advice, as well as our presence at the Negotiation Comission until reaching a satisfactory agreement for both parties, or until obtaining the corresponding administrative authorization.
At Conesa Legal we have advised Company Business Associations in collective agreements, including Trade Unions, and we have intervened as advisers in the negotiation of company and sectorial colective agreements .
We participate in collective bargaining because we believe that the Agreement is an essential piece in the regulation of working conditions, and because we know the effects of the content and wording of these agreements.
In addition, we better focus strategy and defense in collective disputes because we understand the collective structure and we know how to interpret the rights and obligations that contains and how they affect the company as a whole.
COLLECTIVE AGREEMENTS AND COLLECTIVE AGREEMENTS FOR THE COMPANY:
Collective agreements have become important both in large companies and in SMEs. The possibility of adapting working conditions to the economic reality of the company is an option to gain competitiveness, but also to better adapt working conditions to the needs of the company itself.
We study your needs, we advise you, and we offer you possible alternatives, developing a negotiation strategy, and accompanying you to the negotiation committee until an agreement is reached.
We study the situation of the company for a possible company agreement, we study its Trade Union reality in terms of representation of the workers, we elaborate the proposals focusing on the negotiation, and we initiate the necessary dialogue to reach the collective agreement that is convenient for the parties .
Likewise, we provide advice to employers' associations for the preparation, negotiation, drafting and subsequent enroll in front of the corresponding administrative bodies for the publication of the sectoral collective agreement, both at a provincial or regional level, as well as at a national level.
ASSISTANCE AND DEFENSE IN TRIAL:
Conesa Legal advises on labor matters because it has, in addition to specialists in the matter, professionals who go to Court, which allows them to know first-hand how the Courts resolve issues.
Faced with the changing world in which we find ourselves, and the constant legislative modifications to which we are subjected, our day-to-day work on labor matters, allows us to know all legislative developments, and to intuit or immediately see what criteria the administration or Courts are going to adopt when applying them.
Our daily advice on labor matters is undoubtedly the best labor prevention.
Managing an accident at work is essential, even before it occurs.
We apply our health and safety knowledge for the necessary prevention of any accident, and defense its defense in court if necessary.
The work accident implies the right for the worker to claim the corresponding disability, in addition to the surcharge of incapacity's benefit, with means that in Spain the incapacity benefit can rise a till a 50% if there were no prevention risk measures at the company.
All this without prejudice to the damages and losses derived from the physical and moral consequences that it has caused.
Your defense can be carried out in front of the Criminal Court, as well as in front of the Social Court, so we have lawyers capable of defending the interests of the client before both jurisdictions, and we also have the collaboration of those doctors who evaluate the sequelae and defend them as experts before the corresponding Court.
We also manage administrative sanction procedures that, where appropriate, may be filed by the labor administration.
PREPARATION OF CONTRACTS AND PAYROLL:
We have a team of professionals specialized in preparing payroll and social insurance, as well as current employment contracts.
The business world demands in most cases to have sales staff.
We provide advice so that Companies can configure a commercial team. For this, it is essential to be clear about the relationship that the Company wants to maintain with its sales representatives, that is, the type of hours you want to demand; type of compensation you want to use; zones you want to assign; tools that you want to give to the salesperson for developin hi tasks; control you want to exercise over the commercial; etc.
All these elements will determine the convenience of a commercial relationship, such as a commercial agent contract, or the effectiveness of a commercial staff configured as a labor relationship or as the special figure of the commercial representativeness.
The incorporation of certain clauses at the employment contract will allow the contractual relationship to fluctuate in one way or another.
In addition, we are not only present when preparing the contract, but we can also be present when explaining commercial clauses to the employee who is hired, which facilitates transparency when hiring.
We are also willing to act in case of conflict and defense of these clauses.
LABOR COMPLIANCE - PROTOCOLS:
We are specialists implementing company protocols regarding HR:
- Internal regulation protocols.
- Mobbing or harassment protocol detection.
- Equality Plans Protocols
- Sexual harassment detection protocol.
- Protocol in coordination of third companies in the field of occupational risk prevention.
We help the company detecting his needs, and drafting his Protocol and implementing it, attending meetings that are necessary with Trade Unions and company's staff.
LABOR DUE DILIGENCE:
Our intervention can be decisive in a purchase operation, when evaluating a company, or simply verifying that decisions taken in labor matters are correct.
Labor liabilities may not be visible at the time of the purchase transaction, which can lead to future unforeseen demands, or very high future labor costs.
Our experience in labor disputes allows us today to accurately assess the consequences of a business succession; labor liabilities derived from subcontracting or illegal assignments of workers; the consequences of temporary contracts done in fraud of law; or the effects of a possible lack of contributions to Social Security Agency.
To perform the due diligence we use a Labor Check List, we hand over a report, and we quantify these labor liabilities so that the client has in his hands all the information necessary to assess the labor aspects of the company.
INTERNACIONAL labor law:
Our experience in community social law has grown as more and more international elements have appeared in employment contracts.
The best prevention is to know the law that will apply to the contract, whether it is Senior Management or ordinary employment relationship. These contracts are agreed by parties that are from different countries, and work is even carried out in third countries.
Our added value is in being able to defend the rights of the parties both in a national court, and before the Court of Justice of the European Union, or before the European Court of Human Rights if it is about defending fundamental rights.
We also advise International Organizations, in which both international private law and community social law play a fundamental role both in the configuration of the employment relationship, and in the decisions that a future court may adopt, or the social benefits that are may accrue.
For this reason we also have specialists in social security, who advise on benefits accrued in different countries, and specialists in expatriation and immigration.
Our knowledge of labor reality in the company has allowed us to defend both, companies and workers, in company restructuring processes. We believe that labor law is a two-sided coin: the one of the company and the other one of the workers. Knowing the rights and obligations of both parties is essential in collective bargaining, and in defending the rights of one or the other party in court.
Collective dismissal, temporary suspension of working conditions, collective bargaining, collective modification of working conditions, the establishment of a new framework through a company collective agreement, the double salary scale, the proposal of a bankruptcy when facing the imposibility to keep fulfilling payments to continue with the business activity, claims before the Insolvency Agency, etc. All this has become a specialty of our legal firm, which we manage through a complete team of professionals with experience and precise knowledge in labor matters, collective bargaining, economics and accounting, and also in bankruptcy.
Economists assess the situation from an objective point of view, offering (if possible) alternative feasibility plans. Once the problem has been diagnosed, we are able to advise and negotiate those work measures that may necessary to try to correct business problems.
In the event that the company is facing a suspension of payments or a debt relief to solve the problem, we have bankruptcy administrators willing to advise on bankruptcy matters, so we can manage the insolvency situations that are precise.
We have attended with discretion and success a multitude of matters, defending the interests of the company in some cases, and the interests of the workers in others.
link to bankruptcy
labor and BANKRUPTCY advice:
- We offer our best advice and defense in Bankruptcy proceedings.
- We are Bankruptcy Administrators.
- Our advice is for Business restructuring, but also for workers in bankruptcy proceedings.
OTHER SPECIAL LABOR RELATIONSHIPS:
The following jobs are related to special relationships which are considered labor relationships but have special legislation with specific conditions:
- Sports: recruitment of professionals in football, cycling, basketball and other sports. We advice in both national and international recruitment of athletes and coaches, especially in contractual aspects derived from the athlete's employment relationship in federative areas.
- Agricultural Sector: we offer our best advice in this sector and we are well aware of matters related to its applicable labor legislation.
- Sea Workers: specialized and qualified advice in everything related to this area.
- Artists in public shows: advice to companies and artists and preparation of contracts. We also carry out contracts related to Image and Authorship Rights.
- Household employees: we advise on the employer's registration in Social Security. We prepare and process all types of contracts.