Labour Law in Spain
Dismissal, unpaid wages, employment contracts – expert representation in Mallorca and Barcelona
Spanish labour law differs fundamentally from German and other European systems. Whether unfair dismissal, outstanding salaries or workplace conflicts – I represent employees and employers before Spanish labour courts.
Before you sign anything…
5 quick questions. No uploads. Call or email at the end.
As a licensed attorney I advise and represent employees and employers in Spanish labour law in Mallorca, Ibiza, Menorca and Barcelona. My focus is on unfair dismissal, wage claims and employment contract disputes before the Juzgados de lo Social.
Dismissal & Redundancy
Dismissal in Spain is subject to strict legal requirements. Formal errors or lack of justification can render a dismissal null and void.
- Review of dismissal legality (despido procedente / improcedente / nulo)
- Deadline: claim must be filed within 20 working days
- Negotiation of fair severance pay (indemnización)
- Representation before the Labour Court (Juzgado de lo Social)
- Reinstatement claim for null dismissals
- Dismissal due to pregnancy or trade union activity
- Unilateral modification of employment conditions
Unpaid Wages & Claims
Outstanding salaries, unpaid overtime or withheld benefits are common disputes in Spanish labour law. I enforce your claims efficiently.
- Recovery of outstanding salaries and bonus payments
- Overtime compensation and holiday pay
- Claims from the FOGASA guarantee fund in case of employer insolvency
- Out-of-court negotiation and judicial proceedings
- Representation in Reclamación de cantidad proceedings
- Claims for untaken holiday and special payments
- Enforcement against employer assets in insolvency
Employment Contracts & Employers
I advise both employees and employers on contract drafting, non-compete clauses and employment disputes under Spanish law.
- Review and drafting of employment contracts (contrato de trabajo)
- Non-compete and confidentiality clauses
- Advice on collective redundancies (ERE / ERTE)
- Disputes over professional classification and pay scales
- Representation in employment negotiations and arbitration
- Fixed-term contracts and unlawful contract chaining
- Employment contract drafting for foreign employers in Spain
Workplace Harassment & Discrimination
Workplace bullying (acoso laboral) and sexual harassment (acoso sexual) are criminal offences in Spain and can lead to substantial compensation.
- Labour claim for workplace bullying (acoso laboral / moral)
- Sexual harassment at work (acoso sexual)
- Discrimination based on nationality, gender or age
- Damages claim against employer
- Interim injunctions and emergency measures
- Support in internal grievance procedures
Self-Employed & False Self-Employment
Many people working in Spain as self-employed (autónomos) are in fact falsely classified. I clarify your status and enforce your rights.
- Assessment of employment status: employee or self-employed?
- Claim for recognition of an employment relationship
- Recovery of social security contributions
- Advice for TRADE workers (economically dependent self-employed)
- Tax and social security consequences of a status change
- Contract drafting for genuinely self-employed persons
Cross-Border Employment
German and Austrian nationals working in Spain or employed by Spanish companies face particular challenges under employment and social security law.
- Posted workers to Spain (EU Posted Workers Directive)
- Applicable law for international employment contracts
- Social security in Spain and Germany: A1 certificate
- Employment law advice for German companies with staff in Spain
- Retirees and freelancers: residence status and work permits
- Coordination with German employment lawyers
How labour proceedings work in Spain
Deadline check (20 days!)
Labour law involves extremely short deadlines. The unfair dismissal claim must be filed within 20 working days. Contact me immediately upon receiving your dismissal.
Conciliación previa (mandatory conciliation)
Before the labour court, a mandatory conciliation hearing (SMAC) is required. I accompany you and defend your interests.
Claim before the Juzgado de lo Social
If no agreement is reached, I file proceedings at the competent labour court and pursue your claims to judgment.
Appeal & enforcement
Where necessary I file an appeal or enforce the judgment – including claims from the FOGASA guarantee fund.
Frequently Asked Questions – Labour Law in Spain
Before you sign anything…
5 quick questions. No uploads. Call or email at the end.