Best Employment & Labor Lawyers in Bilbao

About Employment & Labor Law in Bilbao, Spain

Employment and labor law in Bilbao is primarily governed by Spanish national law - notably the Estatuto de los Trabajadores - together with collective agreements at national, sectoral and provincial levels. Bilbao lies in the Basque Autonomous Community, so some employment policies and employment services are managed locally by Basque institutions. The general rules on contracts, dismissal, working hours, pay, social security and worker protections follow the Spanish framework, while local authorities and trade unions play an active role in implementation and dispute resolution.

Why You May Need a Lawyer

Employment disputes can be technical and time-sensitive. You may need a lawyer if any of the following apply:

- You have been dismissed and believe the dismissal was unfair or unlawful.

- Your employer withholds wages, holiday pay, commissions or a final settlement - finiquito.

- You are a victim of harassment, discrimination or retaliation at work.

- You face a collective redundancy, a company reorganisation or an ERE and need to understand your rights.

- You have an unclear contract - for example repeated temporary contracts where a permanent contract may apply.

- You need advice on suspension of contract, sick leave and social security benefits, including temporary incapacity.

- You need assistance with negotiating severance, appealing administrative decisions, or representing you at conciliation or Social Court hearings.

Local Laws Overview

Key legal aspects to know in Bilbao and the Basque Country:

- National framework: The Estatuto de los Trabajadores sets the main employment rules - contract types, probation periods, notice, dismissal grounds, working time and leave.

- Collective agreements: Convenios colectivos at national, sectoral, provincial or company level can improve statutory minimums. Always check the applicable convenio for pay scales, overtime, shifts and special conditions.

- Contracts: Common types include permanent - indefinido - and temporary - temporal - contracts. Misuse of temporary contracts can create rights to conversion into a permanent contract.

- Dismissal and remedies: Dismissals can be disciplinary, objective or collective. Employers must follow procedural and formal notification rules. Workers can challenge dismissals before the Social Court - Juzgado de lo Social - usually after a mandatory conciliation attempt.

- Social security and benefits: Social security registration and contributions are mandatory. Unemployment benefits are handled by SEPE at national level and employment services such as Lanbide in the Basque Country administer local employment policies.

- Occupational health and safety: Employers must prevent risks, provide training and follow prevention protocols. Inspección de Trabajo y Seguridad Social enforces compliance.

- Worker representation: Works councils - comité de empresa - and staff delegates exist depending on company size and provide collective representation and a channel for negotiation.

- Anti-discrimination and equality: Spanish and EU rules prohibit discrimination based on sex, age, race, religion, disability, sexual orientation and other protected grounds. Harassment obligations include prevention and investigation duties for employers.

Frequently Asked Questions

What should I do first if I am dismissed?

Ask for written notification of the dismissal and the reason. Request your final payslip and a signed finiquito detailing payments. Note the dismissal date and keep copies of all documents and communications. Seek advice quickly - dismissal claims are time-limited and usually require a prior conciliation attempt before the Social Court.

How long do I have to challenge a dismissal?

Time limits are strict. For most dismissal challenges you generally have 20 working days from the date you receive the dismissal notice to start the legal process, which normally begins with a mandatory conciliation session. It is important to act promptly to preserve rights.

How is severance pay calculated if my dismissal is ruled unlawful?

Severance depends on the type of dismissal and the length of service. For unfair dismissal, compensation is often calculated as a number of days of salary per year of service subject to statutory caps. Exact calculations are technical and depend on contract, salary components and the court decision, so get a lawyer to run the figures for you.

Can I convert repeated temporary contracts into a permanent contract?

Yes. Spanish law restricts abuse of temporary contracts. If an employer uses successive temporary contracts without objective justification, a worker may claim conversion to a permanent contract and associated remedies. Evidence of continuity and tasks performed is important.

What are my rights regarding working hours and overtime?

Maximum ordinary working hours are set by law and collective agreements, commonly averaging around 40 hours per week. Overtime must be paid or compensated with time off as established in the applicable convenio. Employers must record working hours for compliance.

What protections exist for maternity, paternity and sick leave?

Workers have statutory rights to maternity and paternity leave, job protection during leave and protection against dismissal for related reasons. Sick leave for temporary incapacity entitles you to benefits paid by Social Security and sometimes by the employer depending on the contract and convenio. Notify your employer and provide medical certificates promptly.

What should I do if I experience harassment or discrimination at work?

Document incidents carefully - dates, times, witnesses and any communications. Report the issue through company procedures if available and keep records. You can file a complaint with the company, with labour authorities or bring a claim before the Social Court. A lawyer can help assess evidence and options, including criminal or administrative steps for severe cases.

Do I need a lawyer for conciliation or court proceedings?

For conciliation and representation before the Social Court, legal assistance is advisable. A specialised labour lawyer or trade union representative can prepare your case, handle negotiations and represent you at hearings. There is also legal aid - asistencia jurídica gratuita - for people who meet income and other requirements.

How do collective agreements affect my contract and pay?

Collective agreements can set higher standards than the statutory minimum for wages, working hours, allowances and conditions. Determine which convenio colectivo applies to your workplace - sector, province or company - because it can change entitlements. A lawyer or union can help interpret the applicable agreement.

Where can I make a complaint about unpaid wages or social security issues?

You can file a complaint with the Labour Inspectorate - Inspección de Trabajo y Seguridad Social - for breaches like unpaid wages or missing social security contributions. For unpaid wages you can also start the conciliation and court process at the Social Court. Collect and preserve pay slips, contracts and correspondence as evidence.

Additional Resources

Relevant bodies and organisations to consult in Bilbao and the Basque Country include national and regional agencies, representative bodies and advisory institutions. Useful contacts to seek information or file complaints include the Ministry of Labour and Social Economy, the Social Courts - Juzgados de lo Social, the Labour Inspectorate - Inspección de Trabajo y Seguridad Social, the national employment service - SEPE, and the Basque employment service - Lanbide. Trade unions such as UGT, CCOO and local Basque unions can provide support and representation. For employer-side information the provincial business organisation CEBEK and the Diputación Foral de Bizkaia are relevant. For legal representation, consult the Ilustre Colegio de Abogados de Bizkaia for qualified labour lawyers and to learn about legal aid eligibility.

Next Steps

If you need legal assistance in an employment matter in Bilbao follow these practical steps:

- Gather documents - employment contract, payslips, written communications, dismissal letter, medical certificates, time records and any evidence of harassment or unpaid wages.

- Note deadlines - record dates for dismissal notices, conciliation appointments and statutory time limits. Acting fast preserves remedies.

- Contact a specialised labour lawyer or a trade union representative - they can assess your case, estimate likely outcomes and represent you in conciliation and court.

- Consider legal aid if you have limited resources - apply through the local Bar Association or social services to check eligibility.

- Use administrative routes where appropriate - register for unemployment benefits with SEPE or Lanbide, and file complaints with the Labour Inspectorate for regulatory breaches.

- Prepare for conciliation - many disputes are resolved through negotiated settlement. A lawyer will help document your position and negotiate severance or remedial measures.

Getting timely, specialised advice will maximise your chances of a fair outcome. If you are unsure where to start, an initial consultation with a labour lawyer or a union adviser will clarify your rights and the best path forward.