Best Employer Lawyers in Bilbao

About Employer Law in Bilbao, Spain

This guide explains the legal framework that applies to employers in Bilbao, a major city in the Basque Autonomous Community of Spain. Employer law in Bilbao is rooted primarily in Spanish national legislation - notably the Estatuto de los Trabajadores - and supplemented by collective bargaining agreements, regional employment policies, and local administrative practice. Employers must also comply with social security rules, tax obligations, workplace health and safety standards, and data protection legislation. Some administrative functions and employment-promotion programs are managed by Basque institutions, so employers in Bilbao should be aware of both national and regional procedures.

Why You May Need a Lawyer

Employers often require legal assistance when facing matters that involve employee rights, statutory obligations, or dispute resolution. Common situations include:

- Drafting and reviewing employment contracts and policies to ensure compliance with statutory requirements and applicable collective agreements.

- Managing dismissals, disciplinary procedures, redundancy processes, or restructuring to reduce the risk of costly litigation.

- Handling workplace accidents, occupational health and safety compliance, and interactions with prevention services.

- Responding to inspections by the Inspección de Trabajo y Seguridad Social or resolving disputes about social security contributions and payroll.

- Implementing remote-work arrangements and flexible schedules under current regulation.

- Advising on data protection obligations under the EU General Data Protection Regulation and Spanish data laws when processing employee data.

- Representing the company before the Servicio de Mediación, Arbitraje y Conciliación (SMAC) and the social courts (Juzgados de lo Social) if disputes escalate.

Local Laws Overview

Key aspects of the legal framework relevant to employers in Bilbao include:

- National labor law: The Estatuto de los Trabajadores sets out core employment rights and employer obligations - contract types, working time, leave, dismissal rules, minimum rights and protections.

- Collective bargaining: Sectoral or company-level convenios colectivos can alter working conditions, pay scales, shift rules, and other terms. Check which collective agreement applies to your workforce.

- Contracts and types: Spanish law recognizes permanent contracts, temporary contracts for specific reasons, part-time contracts, training contracts and substitution or interim contracts. Each type carries particular formalities and limits.

- Working time and leave: Statutory minimums apply to holidays, rest breaks, maximum weekly working hours and overtime rules. Many details are governed by collective agreements.

- Dismissal and severance: Different rules apply depending on whether dismissal is disciplinary, objective, or collective. Potential remedies for unlawful dismissals include reinstatement or compensation - calculation depends on the date of hiring and the applicable legal regime.

- Social Security and payroll: Employers must register employees with Seguridad Social, pay social contributions, issue pay slips, and maintain payroll records. Some tax and social measures may be administered through local foral institutions such as the Diputación Foral de Bizkaia for certain provincial matters.

- Labour inspections and enforcement: The Inspección de Trabajo y Seguridad Social enforces compliance. Inspections may result in administrative fines, orders to correct irregularities, or referral to courts.

- Occupational health and safety: Employers must carry out risk assessments, implement prevention measures, provide training and coordinate with prevention services. In the Basque Country OSALAN is the Basque Institute for Occupational Health and Safety that provides guidance and resources.

- Data protection and privacy: Employers processing employee personal data must comply with the EU GDPR and the Spanish data protection law (LOPDGDD), including lawful bases for processing, data security and rights of data subjects.

- Regional programs and services: Basque institutions administer employment support programs and job placement services - for example, Lanbide and other regional services. Language considerations may also be relevant in some public procedures or collective contexts in the Basque Country.

Frequently Asked Questions

What types of employment contracts can I use in Bilbao?

Spain recognises several contract types: indefinite (permanent) contracts, temporary contracts for specific circumstances, part-time, training and apprenticeship contracts, and interim contracts for covering absences. Collective agreements and national rules set limits and formal requirements for temporary contracts. Always put contracts in writing when required and include mandatory clauses about salary, working hours and place of work.

How should I proceed to lawfully dismiss an employee?

There are different grounds for dismissal - disciplinary dismissal for serious breaches, objective dismissal for economic, technical, organisational or production reasons, and collective dismissal (ERE) for larger-scale redundancies. Each route has specific procedures: for example, objective dismissals require written notice that explains the reasons and economic compensation; disciplinary dismissals require prior investigation and documentation. Follow the legal formalities closely and seek legal advice before terminating employment to reduce the risk of challenges.

What notice and severance obligations apply when I dismiss someone?

Notice and severance depend on the dismissal type. Objective dismissals usually require written notice and statutory compensation based on days per year worked with a legal maximum. Unfair or wrongful dismissals may result in higher compensation or reinstatement after a court decision. Collective dismissals have additional negotiation and consultation requirements. Because calculations can be complex and transitional rules may apply for older contracts, consult a lawyer or an expert in payroll.

What must I do if an employee is absent due to sickness or accident?

Manage certified medical leave according to Social Security rules - verify medical certificates, report to Seguridad Social when required and continue statutory procedures for sick pay. For work-related injuries notify prevention services and the relevant authorities, file accident reports, and implement corrective measures. Maintain communication with the employee, document steps taken and follow collective agreement provisions for complementary pay where applicable.

Do I have to record working hours and overtime?

Yes. Current law requires employers to record daily working hours for all employees so that overtime and compliance with limits can be demonstrated. Keep accurate time records, issue pay slips showing overtime payments or compensatory time when applicable, and retain records for the legally specified period to respond to inspections or disputes.

How do I handle workplace health and safety obligations?

You must perform a risk assessment, adopt preventive measures, provide training and protective equipment, and ensure coordination when multiple contractors operate at the same site. In the Basque Country OSALAN offers guidance and resources. Report serious accidents to the authorities and cooperate during inspections. Failure to comply can lead to sanctions and liability exposure.

What are my obligations under data protection when managing employee data?

Employee personal data must be processed lawfully, fairly and transparently. Maintain a legal basis for processing - typically contractual necessity or compliance with legal obligations - and implement technical and organisational measures to secure data. Inform employees about how their data are used, retain data only as long as necessary and ensure third-party processors meet GDPR requirements.

What happens if an employee files a labour claim against my company?

Most labour claims begin with a compulsory conciliation step before the social courts - typically through the SMAC or equivalent. If conciliation fails the claim proceeds to the Juzgado de lo Social. Employers should gather documentation - contracts, payroll, disciplinary records, time records and communications - and consider settlement or mediation to limit costs. Be mindful of legal deadlines for filing and responding to claims.

Are there special rules for remote work?

Remote work is regulated and requires written agreements that define the conditions, equipment, costs, scheduling and right to disconnect. Employers must continue to meet obligations on working time records, health and safety, data protection and reimbursement of agreed expenses. Check applicable collective agreements for additional provisions.

How can I find a qualified employment lawyer in Bilbao?

Look for lawyers specialising in labour and employment law with experience in employer-side matters. Contact the local bar association - Ilustre Colegio de la Abogacía de Bizkaia - to verify credentials and seek referrals. Ask potential lawyers about their experience with dismissals, collective procedures, inspections and social courts, request a fee estimate and confirm whether they offer an initial assessment. If you have limited resources, check eligibility for legal aid - asistencia jurídica gratuita - through the bar or public services.

Additional Resources

Relevant institutions and organisations that can assist employers in Bilbao include:

- Ministerio de Trabajo y Economía Social - national employment policies and guidance.

- Inspección de Trabajo y Seguridad Social - labour inspections and enforcement.

- Seguridad Social - employer registrations, contributions and benefits management.

- Gobierno Vasco - regional employment programs and policies for the Basque Autonomous Community.

- Lanbide - Basque employment service and programmes for hiring and training.

- OSALAN - Basque Institute for Occupational Health and Safety - guidance on prevention and workplace safety.

- Diputación Foral de Bizkaia - provincial administration that handles certain fiscal and administrative matters relevant to businesses in Bizkaia.

- Ilustre Colegio de la Abogacía de Bizkaia - for verified lawyers and information about legal aid and professional standards.

- Servicio de Mediación, Arbitraje y Conciliación (SMAC) - conciliation services for labour disputes in the Basque Country.

- Juzgados de lo Social de Bilbao - social courts that hear labour disputes.

- Major trade unions and employers associations - for sector-specific guidance and collective agreement information.

Next Steps

If you need legal assistance as an employer in Bilbao, follow these practical steps:

- Gather documentation - contracts, payroll records, time records, disciplinary files, medical reports, collective agreements and any correspondence related to the issue.

- Identify the core issue - contract drafting, dismissal, inspection, dispute, compliance audit or another matter - so you can provide clear instructions to legal counsel.

- Contact a specialised employment lawyer - use the Ilustre Colegio de la Abogacía de Bizkaia for referrals and verify experience with employer-side cases. Ask about fees, expected timelines and options for alternative dispute resolution.

- Consider early mediation or internal resolution where appropriate - resolving disputes early often reduces costs and business disruption.

- Preserve deadlines - many labour procedures have short statutory time limits, for example the deadline to initiate claims or to respond in conciliation. Missing a deadline can meaningfully reduce your options.

- Review internal policies - after resolving an issue, update contracts, handbooks and procedures to prevent recurrence and ensure ongoing compliance with national and Basque regulations.

When in doubt, seek professional advice tailored to your situation. Employment law can be technical and time-sensitive, and a local lawyer will help you manage legal risks and protect your company interests in Bilbao.