Best Employer Lawyers in Villares de la Reina

About Employer Law in Villares de la Reina, Spain

Employer law in Villares de la Reina is largely governed by Spanish national labor legislation, complemented by regional administration and services of Castile y León and provincial bodies in Salamanca. Employers must comply with the Workers Statute, social security rules, equality and non-discrimination regulations, occupational risk prevention, and the applicable collective bargaining agreement that covers their sector or workplace. Local labor relations services in Salamanca handle conciliation and mediation, while national labor courts resolve disputes. Whether you run a small shop or a medium-size industrial company in Villares de la Reina, the same core rules on hiring, working time, pay, health and safety, and termination apply.

Why You May Need a Lawyer

Many employer decisions carry legal and financial risk. A labor-lawyer can help you:

- Choose the correct contract type after the 2021 labor reform, especially for fixed-discontinuous, temporary for production needs, and substitution contracts.

- Draft compliant employment contracts, remote work agreements, and confidentiality or non-compete clauses.

- Apply the correct collective bargaining agreement and wage tables for Salamanca or sectoral scope.

- Implement equality plans, pay transparency measures, and anti-harassment protocols.

- Structure working time, shifts, overtime, and mandatory time-tracking.

- Manage sick leave, vacations, and reconciliations of work and family life.

- Prepare for and respond to inspections by the Labor and Social Security Inspectorate.

- Handle disciplinary measures, objective dismissals, collective layoffs, and settlement agreements.

- Navigate subcontracting, outsourcing, and temporary agency worker rules.

- Address workplace accidents, sanctions, and claims in the Social Courts of Salamanca.

Local Laws Overview

- Workers Statute: The core law for employment relationships in Spain. Sets rules on contracts, working time, leave, holidays, disciplinary measures, and termination. Collective agreements can improve these minimums and often do so at provincial or sector level in Salamanca.

- Labor reform 2021: Severely restricts temporary hiring. The default is an indefinite contract. Temporary contracts are limited to production circumstances with clear justification and strict duration, or substitution. Seasonal or intermittent activity should use fixed-discontinuous contracts.

- Working time: Standard maximum of 40 hours per week on an annual average. Overtime is limited and must be recorded. Employers must keep daily time records for each employee.

- Wages and SMI: The government sets a national minimum wage each year. Check the current SMI and your applicable collective agreement wage tables for Salamanca or sector scope, which usually set higher pay and supplements.

- Equality and non-discrimination: Companies with 50 or more employees must negotiate and register an equality plan and carry out a pay audit. All employers must keep a salary register and ensure equal pay for equal work. Anti-harassment measures and protocols are expected as part of equality and prevention duties.

- Pay transparency: Royal Decrees on equality require salary registers for all companies and pay audits within equality plans for companies meeting thresholds.

- Occupational risk prevention: Employers must assess risks, plan preventive activity, provide training and equipment, and coordinate with contractors. You may engage an external prevention service. Workplace accidents must be reported and investigated.

- Remote work: Regular remote work requires a written agreement covering equipment, cost reimbursement, schedule, availability, and data protection.

- Subcontracting: After the reform, the applicable sector collective agreement for the activity performed generally prevails for contractor employees. Verify which convenio applies in Salamanca to avoid wage and classification errors.

- Dismissals and severance: Disciplinary and objective dismissals require cause and formalities. Unfair dismissal generally leads to severance of 33 days of salary per year of service, capped, or reinstatement. Objective dismissal pays 20 days per year with caps if justified and properly processed. Collective layoffs follow specific procedures and consultation.

- Social Security and employment administration: Register the company and workers, pay contributions, and notify contracts. Use the provincial offices of the Social Security Treasury and SEPE for procedures. Inspections may be carried out locally by the Labor Inspectorate in Salamanca.

- Whistleblowing: Companies with 50 or more employees must implement internal reporting channels in line with the whistleblower protection law.

- Data protection: Employment data must follow GDPR and the Spanish data protection law, including monitoring, geolocation, biometrics, and video surveillance policies.

- Construction sector note: Contractors in construction must enroll in the regional registry of accredited companies and comply with sector-specific safety coordination rules.

Frequently Asked Questions

Which collective bargaining agreement applies to my company in Villares de la Reina

The applicable convenio is determined by your main business activity and its territorial scope. Many agreements are provincial for Salamanca, others are regional or national. Identify your core activity, then match it to the sector convenio. When subcontracting, the sector convenio of the activity performed often applies to the contractor workforce.

What types of employment contracts can I use after the labor reform

The default is indefinite. Temporary contracts are limited to production circumstances with justified peaks and specific durations, or substitution of an employee. Seasonal or intermittent activity should use fixed-discontinuous contracts. Temporary misuse risks conversion to indefinite and sanctions.

Do I need to keep a daily time record for employees

Yes. Employers must record daily working hours for all employees, including start and finish times. The record must be kept for inspection and provided to workers and their representatives on request.

How do probationary periods work

Probation must be in writing and follow legal or convenio limits. For many temporary contracts under 6 months, the statutory maximum probation is 1 month unless the convenio states otherwise. During probation, either party may terminate without severance, but anti-discrimination and basic rights still apply.

What are my obligations on equality and pay transparency

All companies must keep a salary register. Companies with 50 or more employees must negotiate an equality plan that includes a pay audit and measures for equal treatment, plus procedures to address harassment. Pay transparency also affects job classifications and promotion criteria.

What is the minimum annual leave and how do I manage holidays

The minimum vacation is 30 calendar days or 22 working days per year unless the convenio grants more. Vacation dates should be planned by mutual agreement and communicated in advance. Unused leave generally cannot be replaced by pay except on termination, and specific rules apply for overlap with sick leave or maternity or paternity leave.

How is sick leave paid

Medical leave pay is based on regulatory bases and legal or convenio rules. As a general reference, days 1 to 3 are typically unpaid, days 4 to 20 are paid at 60 percent, and from day 21 at 75 percent, with improvements possible by convenio. The company usually advances payment and offsets with Social Security.

How do I dismiss an employee lawfully

Choose the correct type of dismissal, draft a detailed letter stating facts and dates, observe notice and severance rules, and provide documentation. Disciplinary dismissals require serious and proven breaches. Objective dismissals require economic or organizational reasons, notice, and 20 days per year severance. Errors can lead to unfair dismissal findings.

What are my duties on health and safety

Conduct a risk assessment, plan preventive activity, provide training and personal protective equipment, conduct health surveillance when appropriate, and document these steps. Coordinate prevention with contractors and keep records available for inspection. Serious breaches lead to sanctions and liability.

How do I handle remote work and cost reimbursement

Regular remote work requires a written agreement covering schedule, location, equipment, expense reimbursement, data protection, and health and safety. Provide tools or reimburse reasonable costs, and keep the agreement available for inspection and worker representatives.

Additional Resources

- Oficina Territorial de Trabajo de Salamanca - Unidad de Mediación, Arbitraje y Conciliación

- Inspección Provincial de Trabajo y Seguridad Social de Salamanca

- Juzgado de lo Social de Salamanca

- Servicio Público de Empleo Estatal - Dirección Provincial de Salamanca

- Tesorería General de la Seguridad Social - Dirección Provincial de Salamanca

- Instituto Nacional de la Seguridad Social - Salamanca

- Servicio Regional de Relaciones Laborales de Castilla y León - SERLA

- Registro de Convenios Colectivos - REGCON

- Registro de Empresas Acreditadas de Castilla y León - sector construcción

- Fundación Estatal para la Formación en el Empleo - FUNDAE

- Oficina de Extranjería de Salamanca

- Cámaras de Comercio y organizaciones empresariales de Salamanca

Next Steps

- Identify your applicable convenio: Determine the sector and territorial scope that cover your activity in Villares de la Reina.

- Collect documentation: Contracts, payrolls, time records, equality measures, risk assessments, and internal policies.

- Conduct a compliance review: Check hiring types, wage tables, time-tracking, overtime, leave, and termination practices.

- Prioritize corrective actions: Address high-risk gaps such as misused temporary contracts, wage shortfalls, and missing time records.

- Engage a labor-lawyer: Seek tailored advice on contract drafting, disciplinary actions, dismissals, and negotiations with worker representatives.

- Prepare for inspections: Make sure mandatory documents are updated and accessible in case of visits from the Labor Inspectorate.

- Train your team: Provide periodic training on equality, harassment prevention, health and safety, and data protection.

- Review annually: Update policies and pay scales with each new SMI and convenio revision, and reassess risk prevention measures.

This guide provides general information and is not legal advice. For a specific situation in Villares de la Reina, consult a qualified labor-lawyer familiar with Salamanca practices and your sector convenio.