ADVICE AND DEFENSE IN TRIAL
Conesa Legal advises on labor matters, its specialists in the field have real know-how and experience in Labor Courts in Barcelona as well as in other cities in Spain. You can count on their expertise, they know first-hand how the Courts resolve the issues.
Faced with the constant legislative modifications to which we are subjected, our day-to-day work on labor issues allows us to know both the legislative developments, as well as to intuit or immediately see what criteria the administration is going to adopt, as the courts at the time of applying them.
Our daily labor advice is undoubtedly the best prevention, but we reinforce it with our subsequent negotiation and defense in court, in Barcelona and Spanish territory.
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There are two types of layoffs that our team can help you with.
DISCIPLINARY DISMISSAL
Our attorneys are specialists in defending labor penalties or disciplinary dismissals.
The first thing is to know what compensation means the dismissal.
The second thing is to be very clear about how a disciplinary sanction is formalized and what content it has.
The third thing is to know what proof exists.
With these three factors, we can know if the dismissal has many or few possibilities of defense.
OBJECTIVE DISMISSAL
This option of the employer is actually a contractual resolution that must be justified in causes:
It will be necessary for the employer to allege and prove these causes.
POSSIBILITIES
The consequences of dismissal can be:
Provenance: the judge or the parties endorse the reasons for the dismissal.
Inadmissibility: the judge or the parties declare that the dismissal is not motivated and the company has to pay the legal compensation.
Nullity: the judge declares that the dismissal violates fundamental rights and it is necessary for the company to reinstate the worker.
Our knowledge of the 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: that of the company and that of the workers. Knowing the rights and obligations of both parties is essential in collective bargaining and 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 bankruptcy in a situation of the impossibility of facing the necessary payments to continue with the business activity, claims before Fogasa, etc. All of this has become a specialty of this 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, different work measures may be necessary to try to correct those problems that have been identified.
If the company is facing a suspension of payments or debt relief to solve the problem, we have bankruptcy administrators willing to advise on bankruptcy matters, so we can manage the precise insolvency situations.
We have assisted with discretion and success in a multitude of matters, defending the interests of the company in some cases, and the interests of the workers in others.
In addition to offering excellent service to individual layoffs, we are experts in collective layoffs or employment regulation files.
In Labor, it is essential to know and master Bankruptcy Law. There is a lot of connection between one and another essential matter for any strategy or claim. Our lawyers have specialized in collective dismissals and insolvency proceedings to offer a complete service.
SENIOR MANAGER OR CEO
Constant contact with companies and senior executives has allowed us to be specialists in certain special relationships, especially that of Senior Executives.
The Senior Manager's contract is essential to determine how the relationship between the company and the Manager is configured. Even to extinguish it.
We know how to agree on the positions between the company and the person interested in the job, and we draft the contract knowing how it is foreseeable that this document will be judged. We therefore accompany the client in the preparation of the employment contract because we consider it essential in the special employment relationship of the senior manager.
In case 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, as well as ethical or material arguments.
We prepare custom contractual clauses
The business world demands in most cases to have commercial staff.
We provide advice so that companies can configure a template of salespeople. For this, it is essential to be clear about the relationship that the Company wants to maintain with its salespeople, that is, the type of hours it wants to demand; type of compensation you want to use; zones you want to assign; supports that you want to deliver to the salesperson for the development of their 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 by commercial staff or as commercial representatives.
Incorporating certain clauses in the employment contract will allow the contractual relationship to fluctuating in one way or another.
In addition, we are not only present when preparing the contract, but we can also be present when explaining these clauses to the worker who is hired, which facilitates transparency when hiring.
In addition to day-to-day labor advice, we are also willing to act in case of conflict and defense of these clauses, in Barcelona, and any other city in Spain.
COLLECTIVE BARGAINING
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 necessary in these cases, whenever an agreement is sought whose result we want to be positive for the future labor relations of the company.
We believe in social dialogue and understand collective bargaining as an effective means of updating working conditions daily. We offer our specialized advice and our physical presence at the Negotiation Table until a satisfactory agreement is reached for both parties or the corresponding administrative authorization is obtained in the company, sectoral or any territorial area collective agreements.
At Conesa Legal we have advised trade unions and business associations in collective bargaining, including trade unions, and we have intervened as advisers in the negotiation of collective bargaining agreements, both sectoral and company. Discover here our labor consultancy in Barcelona for collective bargaining.
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 how the rights and obligations contained in the different agreements affect the company as a whole.
COLLECTIVE AGREEMENTS AND COLLECTIVE AGREEMENTS FOR THE COMPANY
Collective bargaining has become important both in large companies and in SMEs. The possibility of adapting working conditions to the company's economic reality is an option to gain competitiveness and better adapt working conditions to its needs.
We study their needs with the client, advise them and offer possible alternatives, develop the negotiation strategy, and accompany them to the negotiation table until an agreement is reached.
We study the situation of the company for the possible preparation of a company agreement, we know its reality in terms of worker representation, 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' unions and associations, in Barcelona above all, for the preparation, negotiation, drafting and subsequent processing before the corresponding administrative bodies for the publication of the sectoral collective agreement, both at the provincial or regional level, as well as at the national level.
See in this link how the management of the work accident is essential, even before it happens.
We apply our labor advice on Occupational Risk Prevention thinking both in the necessary prevention of the accident, as well as in the subsequent defense in court.
The work accident implies the right for the worker to claim the corresponding disability and the surcharge of benefits in labor matters. All this without prejudice to the damages and losses derived from the physical and moral consequences that it has caused.
Your defense can be before the Criminal Court, as well as before 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 consequences 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.
We are specialists in the implementation of company protocols regarding HR:
We accompany the company both in the detection of its needs and in the subsequent drafting of the Protocol and implementation in the company, attending the meetings that were necessary with the representatives of the workers or the company's staff.
We provide advisory services in the preparation of payroll for small, medium-sized companies and even for SMEs or large companies, which allows us to offer the knowledge and agility that human resources require when formalizing labor agreements. Consult our Gesoffice services through this link.
DUE DILIGENCE OR LABOR AUDIT
Our advice can be decisive in a purchase operation, in the valuation of a company, or simply in verifying that the 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 business succession; labor liabilities derived from subcontracting or illegal assignments of workers; the consequences of temporary contracts concluded in fraud of law or the effects of a possible lack of contributions to social security.
To do this, we do a Labor Check List, issue a report, and quantify those labor liabilities so that the client has in his hands all the information necessary to assess the labor aspects of the company.
We have carried out labor consultancy in labor audits to companies in Barcelona, Catalonia, and Spain, large and small, successfully detecting and preventing hidden labor liabilities.
Our experience in community social law has grown as more and more international elements appear in employment contracts.
The best prevention is to know the law that will apply to the contract, whether it is Senior Management or an ordinary employment relationship. These contracts are agreed upon 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.
In Barcelona, we have provided labor advice to 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 can be accrued.
For this reason, we also have specialists in social security, who advise on benefits that are accrued in different countries, and specialists in expatriation and immigration.
Sports: recruitment of professionals in football, cycling, basketball, and other sports. We have extensive experience in both national and international recruitment of athletes and coaches, especially in the contractual aspects derived from the athlete's employment relationship in federative areas.
👨🌾Agriculture sector: we have extensive experience 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 drawing up 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. Check here how an "EMPLOYEE LAWSUIT HOME BARCELONA" works.
ADVICE ON PAYROLL AND SOCIAL SECURITY
We do payroll for small, medium-sized companies and even for SMEs or large companies, which allows us to offer the knowledge and agility that human resources require when formalizing labor agreements. Consult our services our consultancy in Barcelona Gesoffice, through this link.
We are a labor consultancy in Barcelona, which has lawyers with the possibility of acting throughout Spain, highly specialized in labor and social security matters.
We are in Barcelona but we can offer you coordinated services of:
© Conesa Legal, S.L.P.U.
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