Specialists in labor law in Girona

Our Services in Labor Law

Dismissals and Compensation

Disciplinary Dismissal

A disciplinary dismissal occurs when an employee commits serious and willful misconduct, such as repeated absences or insubordination. According to Article 54 of the Workers’ Statute, the grounds for disciplinary dismissal must be properly justified, and the employer must follow notification and procedural requirements for the dismissal to be considered valid.

If the employer’s stated reasons are unsubstantiated or disproportionate—such as penalties for unproven actions or sanctions that exceed the severity of the alleged infraction—we can challenge the dismissal to have it declared unfair. In such cases, the worker is entitled to reinstatement or the corresponding compensation.

 

Specialized Legal Support for dismissals

Dismissals are sensitive situations. Whether you are an employee or an employer, we provide specialized legal defense to ensure your rights are upheld:

• For unfair dismissals, the current regulation entitles workers to 33 days of salary per year of service, up to a maximum of 24 months’ salary. This compensation is calculated based on the duration of employment, with limits established to ensure a fair but controlled payout.

 

Previous Regulation: 45 Days of Salary per Year Worked

It is important to note that prior to the 2012 labor reform, compensation for dismissals was 45 days of salary per year worked, with a maximum of 42 months’ salary. This formula applies to:

• Contracts terminated before February 12, 2012.
• The proportional period worked up to that date for contracts established before the reform.

 

Current regulation: Post-2012 labor reform

With the Labor Reform Law 3/2012, effective from July 6, 2012, compensation was reduced to 33 days per year of service, with a maximum of 24 months’ salary. This regulation applies to all unfair dismissals occurring after the reform.

 

Calculation of severance in mixed contracts

For contracts established before the 2012 labor reform, when a dismissal occurs after the reform’s implementation, the severance calculation is done using a mixed formula:

• Days worked up to February 12, 2012: Compensation is calculated at a rate of 45 days per year of service, with a maximum of 42 months’ salary.
• Days worked after February 12, 2012: Compensation is calculated at a rate of 33 days per year of service, with a maximum of 24 months’ salary.

This hybrid calculation reflects the transition between the two regulations and ensures that workers are not disadvantaged for having worked under the previous legal framework.

 

Reinstatement as an option

In cases of unfair dismissal, another option is the reinstatement of the employee to their original position, maintaining the same conditions as before the dismissal. This option is particularly viable if both parties agree, as it restores the employment relationship under the original terms and avoids financial compensation.

Reinstatement also includes the payment of back wages, which cover the salaries the employee would have earned from the date of dismissal until the effective reinstatement.

 

Collective dismissals (ERO)

Collective dismissals occur when a company needs to reduce its workforce for economic, technical, organizational, or production-related reasons. This type of dismissal is regulated by Article 51 of the Workers’ Statute and the legislation on Employment Regulation Proceedings (ERO). A highly specific procedure must be followed, including negotiations with worker representatives and prior communication to the labor authority.

 

Our support in collective dismissals

We provide assistance to both employees and employers during these processes, ensuring full compliance with legal requirements, such as:

• The consultation period to negotiate with employee representatives.
• Ensuring fair compensation for affected employees.

Collective dismissals must adhere to principles of proportionality and necessity. If we identify any irregularities, we can challenge the dismissal to ensure labor rights are respected.

Claims for unpaid Wages and Amounts

We specialize in recovering unpaid wages and other amounts owed by employers, ensuring you receive everything you are legally entitled to. If your employer has failed to meet their payment obligations—whether for wages, bonuses, or severance—we are here to protect your rights.

 

Our services for wage and compensation claims

• Unpaid Wages:
  If your employer has withheld your base salary, overtime, bonuses, or incentives, we will take legal action to recover these amounts. Using the Workers’ Statute and the terms of your employment contract or collective agreement, we ensure you receive your full wages and any additional agreed-upon compensation.
• Severance Claims:
  If you haven’t received the severance pay you’re entitled to after a dismissal, we manage your claim to secure the legally established amount. This includes reviewing the employer’s calculations based on Article 56 of the Workers’ Statute (RDL 2/2015) to ensure your rights are fully respected.
• Interest on Delayed Payments:
  If your employer delays payment, we not only recover the outstanding amounts but also claim late payment interest. According to Article 29 of the Workers’ Statute, employers are obligated to pay interest for delays, compensating for the financial harm caused by non-payment.
• Unpaid Bonuses and Additional Compensation:
  Beyond your base salary, we help you claim unpaid amounts such as pay differences under collective agreements, transport allowances, night shift bonuses, unpaid overtime, per diem allowances, or unpaid holiday pay. We ensure all compensations stipulated in your contract or collective agreement are fulfilled.
• Incorrect Severance Calculations:
  If your severance package was improperly calculated, we take action to recover the correct amount. This includes compensation for unfair dismissals, objective dismissals, or other cases, including moral damages. We ensure that all employer obligations under the Workers’ Statute are met.
• Late Payment Surcharge:
  In cases of delayed payments, we claim not only the owed amounts but also the 10% annual interest for delays, as outlined in Article 3 of the Workers’ Statute. This applies to both wages and any other unpaid compensation.

 

Changes to employment conditions: Enhance your legal protection with expert advice

Changes in employment conditions can create tension and conflict in the workplace. We offer specialized legal advice to ensure that these changes comply with current legislation, safeguarding your rights as an employee. Our team of experts is here to help you understand and manage any modifications that may affect your employment contract.

 

Substantial changes to employment conditions

One of the most critical aspects of labor relations is substantial modifications to working conditions. When an employer proposes changes to essential aspects such as salary, working hours, or other fundamental conditions, it is crucial to assess their legality. At our firm, we thoroughly analyze these changes to determine whether they benefit or harm you, ensuring they meet the legal requirements established by current regulations.

 

Changes to work schedules or shifts

Changes to work schedules or shifts without the employee’s consent are among the most frequent sources of conflict. We carefully review whether these changes comply with the law, ensuring that your rights are respected. Our goal is to protect you from unnecessary or unfair impositions that could disrupt your work-life balance. If we detect any irregularities, we assist you in the claim or negotiation process.

 

Geographical or functional mobility

Another sensitive area in labor relations is geographical or functional mobility. This includes cases where the employer decides to change your workplace location or modify your role within the organization. We provide expert guidance to verify whether these changes comply with the law and support you in taking action against abusive or irregular situations.

 

Our commitment to your workplace peace of mind

We understand that changes to your employment conditions can impact both your professional and personal well-being. That’s why we are committed to providing you with comprehensive legal support, allowing you to face these changes with complete confidence.

We evaluate each case individually, ensuring your rights are upheld at every step. If you have concerns or questions about a recent or upcoming modification, don’t hesitate to contact us.

Let us help you navigate these changes while protecting your rights and ensuring your peace of mind. Get in touch today to receive expert advice tailored to your situation!

 

Workplace Harassment (Mobbing): Protect yourself against unfair treatment

Workplace harassment, or mobbing, is a serious issue that can cause physical, emotional, and psychological harm to victims. These abusive practices significantly impact your quality of life and mental health. We provide specialized legal support, guidance, and advocacy to help you end such situations and claim compensation for the damages suffered.

 

Detecting workplace harassment: Identifying mobbing behaviors

One of the main challenges in addressing workplace harassment is identifying behaviors that constitute mobbing. Harassment can take many forms, including:

• Degrading comments or threats
• Intentional isolation
• Overloading with work
• Sabotaging professional tasks

At our firm, we thoroughly analyze your situation to determine whether you are experiencing workplace harassment. We guide you through the process of gathering evidence, a critical step in proving the reality of the situation and building a strong legal case.

 

Legal procedures to stop harassment and claim Compensation

Once workplace harassment has been identified, the next step is to halt the abusive behavior and initiate the appropriate legal proceedings. We manage the entire legal process to ensure that the harassment is effectively stopped. Additionally, we represent you in compensation claims for damages, ensuring you are compensated for the negative effects the harassment has had on your career and health.

From negotiations with the employer to filing claims in court if necessary, we handle every detail of the process, giving you peace of mind while fighting for your rights.

 

Psychological damage: Compensation for emotional impact

The effects of workplace harassment often go beyond the professional realm, with severe consequences on your psychological health. Emotional damage may include:

• Anxiety
• Depression
• Insomnia
• Post-traumatic stress disorder (PTSD)
• Other mental health issues

We not only work to stop the harassment but also claim compensation for the emotional and psychological impact it has caused, including moral damages. Collaborating with medical experts, we document these impacts to ensure they are fully recognized in the legal claim.

 

Comprehensive legal support against workplace harassment

We understand that confronting workplace harassment can be exhausting, both emotionally and physically. That’s why we provide constant and comprehensive support throughout the process.

Our team of experienced labor law attorneys will guide you with a personalized and dedicated approach, ensuring your rights are protected at every step and that you receive appropriate compensation for the damages suffered.

 

Labor law for businesses: Ensure legal compliance and prevent conflicts

Labor law is a critical area for businesses, as proper compliance helps prevent conflicts and ensures the smooth operation of the organization. We provide a comprehensive legal advisory service specializing in labor law for businesses, helping you guarantee compliance with current regulations while protecting your business interests at all times.

 

Labor litigation: Legal defense for businesses

When labor disputes are unavoidable, having a team of specialized legal experts is essential to represent your company in legal proceedings. We offer robust legal representation in labor trials, defending your company’s interests in cases of:

• Dismissals
• Wage claims
• Disciplinary actions
• Other labor disputes

Our team works closely with your business to develop the best legal strategy, minimizing risks and maximizing the protection of your interests.

 

Other labor law services

Labor inspections: Guidance to ensure compliance

Labor inspections are a reality every company may face. These inspections aim to verify compliance with labor regulations, covering aspects such as:

• Workplace safety
• Contracts
• Working hours
• Wages

We provide comprehensive support throughout all phases of the inspection, helping businesses align with current regulations and minimize the risk of penalties. If potential irregularities are detected, we proactively work to correct them before they escalate into legal issues.

 

Work-Life Balance: Guidance on reconciliation rights

Work-life balance is an increasingly recognized right under labor laws. We offer personalized advice to ensure both businesses and employees understand and correctly apply reconciliation rights.

Our services include guidance on:

• Maternity/paternity leave
• Reduced working hours
• Unpaid leave
• Other measures designed to balance professional and personal life.

Whether you’re a business aiming to comply with legal obligations or an employee seeking clarity about your rights, we are here to support and guide you.

 

Comprehensive labor law solutions for businesses and employees

Labor law is a constantly evolving field. We stay updated on the latest legal reforms to offer you effective and complete services. Our team of expert labor lawyers provides tailored solutions to ensure both businesses and employees operate within a safe and fair legal framework.

Contact us today to benefit from our expertise and secure your position in labor matters!

 

 Why choose us?

We are dedicated to providing efficient and tailored legal solutions for every client, whether you are an employee or an employer. Our experience and commitment to labor law make us a trusted choice for resolving workplace conflicts. Here’s why you can rely on us:

Key reasons to choose our Services

• Specialization in Labor Law:
  Our team consists of highly qualified attorneys with extensive expertise in labor law. With years of experience handling complex cases—from unfair dismissals to workplace harassment—we work diligently to protect your rights. Our expertise allows us to take swift and effective action to resolve any labor conflict, ensuring that all measures comply with the law and deliver fair outcomes.
• Comprehensive Legal Support:
  We offer a complete and personalized service for both employees and businesses.
  • For Employees: We safeguard your rights and help you achieve the best resolution for your situation.
  • For Employers: We help you ensure compliance with labor regulations, avoiding potential sanctions and future conflicts.
    From drafting contracts to resolving disputes, we provide practical and effective solutions tailored to your needs.
• Approachable and Professional Service:
  We understand that labor issues can be stressful and complex. That’s why we offer a humane, empathetic, and professional approach to all our clients. We are personally involved in every case, addressing your concerns with personalized attention. We ensure you are informed at every stage of the legal process, empowering you to make confident, well-informed decisions. Our empathetic approach ensures solutions that are not only legally sound but also sensitive to your practical and emotional needs.

 

Contact us for a consultation

If you are facing a workplace conflict or need legal advice—whether as an employee or an employer—don’t hesitate to reach out to us. Schedule a consultation to discover how our team can effectively and quickly defend your labor rights and interests.

With our guidance, you can have the peace of mind that comes from knowing you are in the hands of dedicated experts committed to your cause. Contact us today to get started!