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Lawyers and advisors for individuals and companies in Barber

Labour lawyer for companies

Labour lawyer for companies

When a company has a labour issue, it is almost never just about “sending a letter” or “responding to a claim”. What is really at stake is something else: cost, time, risk, internal workplace climate, and the ability to keep running the business without an employment dispute taking over your agenda and cash flow.
Here we help you precisely with that: to prevent, organise, and defend. If you need to dismiss an employee, impose disciplinary measures, reorganise working conditions, review remote work arrangements, control working time records, or respond to an employee claim, what matters is not doing it quickly at any cost. What matters is doing it correctly from the start.
We work from Barberà del Vallès by appointment and also provide online support to companies across the province of Barcelona.
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Labour prevention for companies: avoid problems before they reach court

Many labour disputes do not start at the mediation service (SMAC) or in court. They start much earlier: with a poorly drafted letter, a disproportionate disciplinary sanction, a schedule change communicated without proper formalities, a dismissal without sufficient evidence, or internal policies that are not properly implemented in the day-to-day reality of the company.
Our work is not only to defend when the fire has already started. It is also to help you reduce risk before the conflict escalates:
  • review of letters and communications
  • employee exit strategies
  • disciplinary actions and warnings
  • contract or working condition changes
  • working time and remote work control
  • alignment with collective agreements and labour law
When a company acts with a clear method, it usually loses less money and less time.
I want to protect my company and act correctly

Dismissals with controlled risk: disciplinary and objective terminations

Not all dismissals are the same, and that is precisely why they should not be treated as if they were.

Disciplinary dismissal
The Workers’ Statute allows disciplinary dismissal when there is a serious and culpable breach by the employee. The law lists typical situations, such as repeated and unjustified absences or lateness, indiscipline or disobedience, verbal or physical offences, breach of good faith, or a continued and voluntary decrease in performance, among others. In addition, the dismissal must be notified in writing, stating the facts and the effective date.

Objective dismissal
There is also the objective route, with very specific formal requirements. Objective termination requires, among other things, a written communication stating the cause, simultaneous payment of compensation of 20 days per year of service up to a maximum of 12 monthly payments, and a 15-day notice period.

Practical takeaway: dismissing someone is not about “writing a letter and hoping for the best”. It is about choosing the correct legal route, preparing the evidence, and assessing the risk before taking action.
I want to review a dismissal

Disciplinary measures, breaches, and defence against employee claims

Many companies arrive late to a dispute because they do not manage the earlier stages properly. And that is where a lot of defensive strength is lost.
Before reaching dismissal, it is often necessary to properly structure:
  • warnings and formal notices
  • proportionate disciplinary sanctions
  • written requirements and instructions
  • documented timeline of breaches
  • documentary and witness evidence
  • alignment with the applicable collective agreement
When an employee has already filed a claim, what matters is rebuilding the case with a proper defence logic:
  • what actually happened
  • what was communicated
  • what is documented in writing
  • what risks the company assumed
  • what room there is for settlement or litigation
In Spanish labour courts, as a general rule, prior conciliation or mediation is required before proceedings begin, although the Labour Jurisdiction Law (LRJS) provides exceptions for certain matters, including substantial modifications of working conditions, conciliation rights, and certain remote-work disputes.
We help you with two things: defending your position when the conflict has already started, and preventing small issues from turning into costly disputes.
I want to defend a labour claim

Changes in working hours, salary, duties, or workplace location

There are moments when a company needs to reorganise. The problem is not reorganising. The problem is doing it incorrectly.
Article 41 of the Workers’ Statute allows employers to introduce substantial changes to working conditions when there are proven economic, technical, organisational, or production-related reasons. The law considers substantial, among others, changes affecting working time, schedule, shifts, remuneration system, salary level, job system, or duties. In individual modifications, the company must give at least 15 days’ notice; and if the measure causes harm to the employee in certain cases, they may terminate the contract with compensation of 20 days per year of service, up to a maximum of 9 months.

This means that reorganisation is allowed, but not in any way. It must be justified, properly communicated, and its consequences carefully assessed.
I want to review a contract modification

Remote work, working time records, and labour compliance

In labour law, many companies today do not have their main problem in dismissals, but in day-to-day management.

Remote work
Law 10/2021 establishes that remote work is voluntary for both employer and employee, requires a written agreement, and cannot be imposed through Article 41 of the Workers’ Statute. In addition, the agreement must include minimum content such as equipment and tools, expenses and their compensation, working hours, distribution between on-site and remote work, assigned work centre, and monitoring mechanisms. Any modification of the agreement also requires mutual consent and a formal written update.

Working time registration and time management
The practical issue here is how to properly document working time, availability, breaks, flexible arrangements, and actual hours worked without exposing the company to future claims. Having an app is not enough; you need a system that reflects the real working model of the business.

Labour compliance
Internal policies, formal letters, disciplinary protocols, alignment with collective agreements, hiring practices, working time arrangements, and response to sensitive workplace situations. All of this forms part of a company’s real labour defence framework.
I want to review remote work and labour compliance

How we handle labour defence for your company

1. We break down the issue into cost, risk, and objective
First, we clarify what you actually want to achieve:
  • termination
  • disciplinary action
  • negotiated exit
  • defending a claim
  • reorganising working conditions
  • or simply securing a decision
2. We review the documentary basis
Employment contract, collective agreement, payroll, communications, facts, history, evidence, and timeline.

3. We design the correct legal route
We do not treat a disciplinary dismissal the same as an objective dismissal, a sanction the same as a contractual modification, or a settlement negotiation the same as litigation.

4. We act strategically, not reactively
Sometimes it is better to negotiate. Sometimes it is better to push back. And sometimes the company needs to pause and correct course before exposing itself.

5. We do not only look at the case
We also consider the impact on structure, team dynamics, internal precedent, and future cost exposure.

What documentation do we need?

If you already have it, it is useful to gather:
  • employment contract and any addenda
  • applicable collective bargaining agreement
  • payslips
  • relevant letters, emails, or WhatsApp messages
  • work schedules, time sheets, or working time records
  • disciplinary history, if any
  • internal reports or manager assessments
  • remote work documentation, if applicable
  • conciliation claim, lawsuit, or any official notification, if the dispute is already open
If you do not have everything, that is not a problem. We will tell you what is truly necessary and what should be prepared before taking action.
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Yes, but it is not enough to “know internally” that there has been a breach. A disciplinary dismissal requires a serious and culpable breach of contract by the employee, and it must also be formally notified in writing, clearly stating the facts and the effective date of termination.

Not necessarily. It has its own logic, but it also requires a correct formal structure: a written cause, compensation of 20 days per year of service capped at 12 monthly payments, and a 15-day notice period.

Yes, in certain cases and subject to the requirements of Article 41 of the Workers’ Statute. The law allows substantial changes to working conditions for economic, technical, organisational, or production-related reasons, but they must be properly justified and formally implemented.

Not as a general rule. Remote work is voluntary for both parties, requires a written agreement, and any modification must also be formally agreed in writing.

As a general rule, yes—there is a prior attempt at conciliation or mediation. However, the Labour Jurisdiction Law (LRJS) establishes several exceptions, including substantial modifications of working conditions, certain conciliation rights, and claims related to access, reversal, or modification of remote work arrangements.
 

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If you are going to take a sensitive employment decision, it is better to do it with a strategy

In employment matters, a poor decision does not only cost money. It also costs time, internal credibility, and room to manoeuvre.
If you need to dismiss an employee, impose disciplinary measures, reorganise working conditions, or defend your company against an employment claim, we help you do it with a clear approach: controlled risk, solid documentation, and a strategy that actually works for the business.
I want to protect my company and act correctly

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