Legal Employment law
The employment law area at Asegi Abogados advises and defends the company in hiring, dismissals and terminations, collective redundancy procedures, collective agreement negotiation, and mandatory plans and protocols, and represents it before the Labour Inspectorate, the social security authorities and the Employment Courts of Bizkaia, Gipuzkoa and Araba.
What's included
- Drafting and review of contracts, non-compete and confidentiality agreements, and termination settlements
- Calculation of severance payments, drafting of dismissal letters and preparation of the file that supports them
- Assistance at the preliminary conciliation hearing and legal representation before the Employment Courts
- Appearance before the Labour Inspectorate and response to infringement and assessment records
- Negotiation and application of the collective agreement and preparation of the pay register
- Equality plans and protocols, protocols on sexual and sex-based harassment, and on digital disconnection
An employment decision is rarely only an employment matter. A dismissal has a tax cost, a change to working conditions affects the collective agreement, and an action by the Labour Inspectorate can end up with the social security authorities and in court. We analyse your company’s employment relationships with lawyers, economists and tax specialists working on the same file, and not only from the administrative side.
Hiring and collective relations
We choose with you the appropriate type of contract, we draft the clauses that are later argued in court (non-competition, exclusivity, confidentiality, variable pay) and we apply the collective agreement that genuinely corresponds to your activity. We take part in its negotiation, in its upkeep and in dealings with the workers’ representatives.
Dismissals, terminations and restructuring
We prepare the file before the letter, not after: substantiated grounds, calculation of the severance payment, form of notification and timetable. We handle collective redundancy procedures and substantial modifications of working conditions, and we accompany you through the consultation period.
Labour Inspectorate and social security
We appear before the Labour Inspectorate, respond to formal requests and appeal infringement and assessment records. We also deal with workplace accidents, benefit surcharges and permanent disability, matters in which the employment route and the social security route advance in parallel.
Mandatory plans and protocols
We prepare and implement the pay register, equality plans and the protocols against sexual and sex-based harassment and on digital disconnection, together with the internal investigation procedure that makes them workable. A document filed away and never used does not protect the company.
Defence before the Employment Courts
We take on the preliminary conciliation and legal representation in the proceedings and in the appeals. We also defend individuals in employment and civil service claims. We work from Bilbao, Donostia-San Sebastián and Vitoria-Gasteiz.
Frequently asked questions
- What is the difference between running payroll and employment law advice?
- Administration processes registrations, deregistrations, contracts and social security contributions. Employment law advice, in addition, interprets the applicable collective agreement, weighs incentives and risks, prepares the documentation that supports a decision and represents the company before the Labour Inspectorate and the courts.
- Is payroll personal income tax (IRPF) withholding the state one in the Basque Country?
- No. The foral table of Bizkaia, Gipuzkoa or Araba applies, according to the company's registered tax address, and the withholding return is filed with the corresponding Provincial Council, not with the state tax agency.
- What should I do when I receive a claim or a conciliation request?
- Pass it to the firm immediately. Deadlines in the employment jurisdiction are very short and are limitation periods, and much of the outcome is decided by the documentation assembled before the conciliation hearing: contracts, payslips, communications and the disciplinary file if there is one.
- Do you also assist the worker, and not only the company?
- Yes. We advise and defend individuals in dismissals, permanent disability, workplace accidents and claims against the social security authorities or against the public administration in civil service matters, provided there is no conflict of interest with a client of the firm.