DA LEGALS
Corporate legal advice

Corporate employment law

The workforce, from hiring to exit

The workforce is usually a company’s largest fixed cost and its main source of contingent liability. Most claims that end up before the Employment Tribunal (Juzgado de lo Social) originate months earlier, in a badly fitted contract, a salary supplement that became consolidated without anyone intending it, or a dismissal letter drafted in a hurry.

We work in both directions: structuring the employment relationship in advance, and defending it once there is a dispute, whether before the Labour Inspectorate or before the court.

What we review

Hiring and pay policy

The type of contract applicable to each post, classification under the collective agreement, the structure of fixed and variable pay, and which items become a consolidated entitlement if they are repeated over time.

Individual and collective dismissals

Classification of the ground, calculation of the compensation, drafting of the letter and preparation of the evidence. In collective dismissals, the consultation period and the documentation that has to be provided.

Labour Inspectorate

Assistance during the inspection visit, submissions against the inspection report, and administrative appeal. The reply to a formal request shapes everything that follows, and the deadline is short.

Collective bargaining

The applicable collective agreement, negotiating a company-level agreement, and dealings with the employee representatives.

Senior executives and non-competition

The special employment relationship of senior management, severance protection clauses, retention agreements and post-contractual non-competition covenants, which are only valid if adequately compensated.

Working-time records

The recording system, irregular distribution of working hours, overtime, and remote working, which requires a written agreement with prescribed content.

When a consultation is worthwhile

Specific situations in which a short conversation before deciding avoids, in most cases, later proceedings.

  • You are hiring for the first time, or taking someone on under different terms from the rest.
  • An employee has filed a conciliation application or a court claim.
  • You have received a summons or a formal request from the Labour Inspectorate.
  • You are considering a dismissal and want to know the cost and the risk before communicating it.
  • You are bringing in an executive and need to settle their severance protection and non-competition terms.
  • A payment you had been making voluntarily has become customary.

Fees and conduct of the matter

A fixed quote per piece of work, or a monthly retainer where the volume justifies it. The amount and its scope are settled in writing before each piece of work begins.

Conduct of the matter rests with Josep or María Doménech Aviñó, registration nos. 12.981 and 20.288 of the Valencia Bar Association (ICAV). You deal directly with the lawyer handling the file.

Everything you tell us is covered by the duty of legal professional privilege under article 542.3 of the Spanish Judiciary Act (Ley Orgánica del Poder Judicial), including at the first consultation and even if you do not go on to instruct us.

Let us talk about your specific case

Tell us your situation and we will explain how we would approach it and what documentation is required. We reply within 24 working hours.