ADVICE AND DEFENSE IN TRIAL
Conesa Legal advises on labour matters. Our specialists in the field have real know-how and experience in Labour Courts in Barcelona as well as in other cities in Spain. You can count on us as we know first-hand how the Courts resolve these types of issues.
Faced with the constant legislative modifications to which we are subjected, our day-to-day work on labour issues allows us to keep on top of legislative developments, as well as to anticipate or immediately perceive the criteria which the administration will adopt and which the Court will apply.
Counting on our day-to-day labour advice is undoubtedly the best means of prevention, but we reinforce that advice with our subsequent negotiation and defense in court, both in Barcelona and in the wider 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 labour penalties or disciplinary dismissals.
The first step is to understand the compensation owed by virtue of the dismissal.
The second step is to clearly comprehend the way in which a disciplinary sanction is formalised and its content.
The third step is to have knowledge of all the relevant proof that exists.
On consideration of these three elements, we can be sure as to whether or not the dismissal has a strong chance of defense.
OBJECTIVE DISMISSAL
This option available to the employer is actually a contractual resolution that must be justified by causes:
It will be necessary for the employer to allege and prove these causes.
POSSIBILITIES
The consequences of dismissal can be:
Our knowledge of the labour reality within companies allows us to defend both companies and workers in the process of company restructuring. We believe that labour 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 when it comes to 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 situations of impossibility of facing the necessary payments to continue with the business activity, claims before Fogasa, etc. Our firm specialises in all of the above, and we are made up of a complete team of professionals with experience and precise knowledge in labour matters, collective bargaining, economics and accounting, and also in bankruptcy.
Our 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 available to advise on bankruptcy matters, so that we can manage each specific insolvency situation.
With discretion and success, we have assisted 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 services in cases of individual dismissals, we are also experts in collective dismissals and employment regulation files.
When it comes to Labour, it is essential to understand and master Bankruptcy Law. A consideration of the connection between the two fields is often an essential matter for any strategy or claim. Our lawyers have specialised in collective dismissals and insolvency proceedings to offer a complete service.
SENIOR MANAGER OR CEO
Constant contact with companies and senior executives has provided us with a specialist understanding of certain special relationships, especially that of Senior Executives.
The Senior Manager's contract is essential because it determines the way in which the relationship between the company and the Manager is to be configured and, even, extinguished.
We know how to find agreements between the company and the person interested in the senior management position, and we draft the contract bearing in mind the way in which the document will be judged by the parties. We, therefore, accompany the client in the preparation of the employment contract because we consider to to be an essential aspect of 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
In most cases, the business world requires salespeople.
We provide advice so that companies can configure a workforce of salespeople. In order to do so, it is essential to clearly have in mind the relationship that the company wants to maintain with its salespeople, i.e., the type of timetable it wants to require; the type of compensation it wants to use; zones it wants to assign; support that it wants to deliver to the salesperson for the development of their tasks; control that it wants to exercise over the salesperson; etc.
All of these elements will determine the appropriateness of establishing a commercial relationship, such as a commercial agent contract, or the effectiveness of having a sales force made up of in-house salespeople or of sales representatives.
Incorporating certain clauses in 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 these clauses to the worker who is hired, something which facilitates transparency when hiring.
In addition to day-to-day labour advice, we are also willing to act should there be cases of conflict and or a need for defense of these clauses, either in Barcelona, or in any other city in Spain.
COLLECTIVE BARGAINING
Collective bargaining makes it possible for employers and workers to define, through agreement, the rules that will govern their future employment relationship.
Thorough knowledge of negotiation strategies is necessary in these cases, as we want the result of the agreement to be positive for the future labour relations of the company.
We believe in social dialogue and understand collective bargaining as an effective means of updating daily working conditions. We offer our specialised advice and our physical presence at the negotiation table until a satisfactory agreement is reached for both parties or the corresponding administrative authorisation is obtained in the company.
At Conesa Legal we have advised trade unions and business associations in collective bargaining, and we have intervened as advisers in the negotiation of both sectoral and company collective bargaining agreements. Discover our labour consultancy in Barcelona for collective bargaining.
We participate in collective bargaining because we believe that the agreement reached plays an essential role in the regulation of working conditions and because we know the effects of the content and wording of these agreements.
In addition, we are able to better focus strategy and defense in collective disputes because we understand the collective structure and we know how to interpret the ways in which 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 for large companies and for SMEs. The possibility of adapting working conditions to the company's economic reality is an option to increase competitiveness and better adapt the working conditions to its needs.
Together with the client, we study their needs, advise them, offer possible alternatives, develop the negotiation strategy, and accompany them to the negotiation table until an agreement is reached.
In preparation of the possible company agreement, we study the current situation of the company we get to know the reality of its worker representation, we draft proposals focussing on negotiation, and we initiate the necessary dialogue in order to reach a collective agreement that is acceptable for both parties.
Likewise, we provide advice to employers' unions and associations in Barcelona, above all with the objective of preparing, negotiating, drafting and subsequent processing of the sectoral collective agreement before the corresponding administrative bodies for its publication, both at the provincial and regional level, as well as at the national level.
The management of work-related accidents is essential, even before they happen.
We offer our labour advice on Occupational Risk Prevention considering both the necessary prevention of the accident, as well as the subsequent defense in court.
A work-related accident entails the worker's right to claim the corresponding disability, in addition to the surcharge on employment-related benefits. This is without prejudice to the damages derived from the physical and moral consequences caused.
Your defense may take place before the Criminal Court, or before the Social Court, so we have lawyers capable of defending the interests of the client before both jurisdictions, and we also count on the collaboration of doctors who are able, as experts, to evaluate and defend the consequences before the corresponding Court.
We also manage administrative sanction procedures that, where appropriate, may be filed by the labour 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 any necessary meetings with the representatives of the workers or the company's staff.
We provide advisory services in the preparation of payroll for small to medium-sized companies and even for SMEs or large companies, and this allows us to offer the knowledge and agility that human resources require when formalising labour agreements.
DUE DILIGENCE OR LABOUR AUDIT
Our advice can be crucial when it comes to purchase operations, the valuation of a company, or simply the verification that the decisions taken in labour matters are correct.
Labour liabilities may not be visible at the time of the purchase transaction, which can lead to unforeseen future demands, or very high future labour costs.
Our experience in labour disputes allows us to accurately assess the consequences of a company succession, for example, the labour liabilities derived from subcontracting or from illegal assignments of workers, the consequences of temporary contracts entered into by fraudulent means, or the effects of a possible lack of contributions to social security.
In order to do this, we complete a Labour Check List, issue a report, and quantify those labour liabilities so that the client has, in his posession, all of the information necessary to assess the labour aspects of the company.
We have carried out labour consultancy for labour audits for large and small companies in Barcelona, Catalonia, and in the rest of Spain, successfully detecting and preventing hidden labour liabilities.
Our experience in EU social law has grown as more and more international elements appear in employment contracts.
The best prevention is to understand the law that will apply to the contract, whether it be a Senior Management contract or an ordinary employment contract. These contracts are agreed upon by parties that are from different countries, and work may even carried out in third countries.
Our added value comes from 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 fundamental rights are to be defended.
In Barcelona, we have also provided advice to International Organisations, in which both international private law and EU social law play a fundamental role in the configuration of the employment relationship, as well as in the decisions that may be taken by a future court, or the social benefits that may be accrued.
For this reason, we also have specialists in social security, who advise on the 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 are well versed in this sector and we are aware of matters related to its applicable labour legislation.
🌊 Sea Workers: specialised and qualified advice in everything related to this area.
👨🎨 Artists in public shows: we advise companies and artists and draw up contracts. We also carry out contracts related to Image and Authorship Rights.
🏡 Household employees: we advise on the employer's Social Security registration. We prepare and process all types of contracts.
ADVICE ON PAYROLL AND SOCIAL SECURITY
We manage the payroll for small to medium-sized companies and even for SMEs or large companies, and this allows us to offer the knowledge and agility that human Resources require when formalising labour agreements. Consult our services our consultancy in Barcelona Gesoffice, through this link.
We are a labour consultancy in Barcelona, which has lawyers who can act throughout Spain and who are highly specialised in labour and social security matters.
We are based in Barcelona, but we can offer you coordinated services of:
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