The nature of employment law means that the parties involved need continuous advice on how the relationship between them will unfold. In particular, it is worth remembering that you should not only turn to a lawyer when a dispute or disagreement is already under way; on the contrary, it is always wise to consult a solicitor before making any decision about working conditions.
At BBM Abogados we have the best professionals in Santander when it comes to employment matters, so do not hesitate to contact us to clear up any of your concerns.
Organising the company’s workforce
Every company should keep a precise record of its workers’ duties. This organisation and these duties must be faithfully reflected in the employment contract signed with each employee. In this respect, for sound employment advice, the solicitor concerned needs a thorough understanding of how the company operates, so as to suggest the best organisational strategies and also to set out that organisation in the individual contract.
At the same time, it is worth remembering that, on top of the above, an employment law solicitor must be properly informed about health and safety at work standards, which are issued and updated regularly by the competent authorities. These requirements must be duly built into the company’s organisation to avoid fines and/or penalties.
Likewise, it should be added that these obligations are not confined solely to workplace safety; they extend to all the obligations the state imposes on how the employment relationship should work. Among the most common examples are:
PAY AND REMUNERATION
There are rules on the minimum a company may pay in terms of wages, holidays and other remuneration. Failing to comply with these obligations can lead to penalties for the company, which cannot claim or rely on being unaware of the rules.
That is why it is vitally important to have an adviser who explains what these minimums are and how they must be met.
WORKING HOURS AND LEAVE
The same applies to the working time that may be required of an employee. In any case, requiring them to work an additional shift can create extraordinary costs for the company.
Similarly, the company must know what leave the worker may be entitled to and when it is obliged to grant it.
What to do when a dismissal becomes necessary
We have already covered the subject of dismissal on other occasions; however, we insist that every dismissal must meet the legal requirements, so that a dismissal carried out without stating a ground, or based on a false one, can render it null or unfair.
In such cases, every worker will be entitled to compensation, depending on the circumstances in which the dismissal took place and the employee’s length of service. In any event, before proceeding to dismiss a worker, it will always be necessary to have proper advice pointing out the best way to end the employment relationship without causing financial harm to the company.
COLLECTIVE DISMISSAL
The company’s economic or technical circumstances may make it necessary to dismiss a significant number of workers. This is a perfectly viable option provided for by law; nevertheless, for it to be valid, a series of procedures before the labour authority must be followed, as well as before the workers’ union or group of workers where there is no union.
In any case, this procedure should be carried out by a professional with solid knowledge of the field.
Advice for an employment claim or mediation in Santander
Both the company and the worker may find themselves needing to turn to a third party to resolve a confrontation or disagreement. In both scenarios, the parties need proper advice to assess whether it is worth going to a hearing or mediation, or to decide on the defence strategy should proceedings begin.
In any event, there is nothing to fear. At our law firm we have the best experts in employment mediation and litigation, so you can count on always receiving the best defence in Santander.
An intermediary in collective bargaining
Collective bargaining is the process that takes place between the company and the unions to change existing working conditions. This process is genuinely complex and calls for true negotiators who specialise in the field. In this respect, it is worth remembering that unions have the widest range of strategies to force the company to make a decision in their favour.
For this reason, the company must also protect itself by having its own experts capable of standing up to such strategies. Do not hesitate to contact us to assess your situation and suggest the best tactics to follow.
SOLICITORS WHO EMPATHISE WITH THEIR CLIENTS IN DIFFICULT TIMES
We protect our clients’ rights with the utmost dedication and diligence, placing special emphasis on personal attention
