Best Employment & Labor Lawyers in Guia

About Employment & Labor Law in Guía, Spain

Employment and labor law in Guía, Spain is governed primarily by national Spanish legislation, supplemented by collective bargaining agreements and regional employment policies in the Canary Islands. The Estatuto de los Trabajadores - the Workers Statute - defines basic worker and employer rights and obligations, such as contract types, working hours, pay, dismissals, social security contributions and procedures for disputes. Local offices and regional agencies assist with employment services, benefit administration and inspections. If you work or employ people in Guía, it is important to understand both the national rules and any applicable collective agreement or local practice that affects your situation.

Why You May Need a Lawyer

Employment issues are often time-sensitive, technical and emotionally charged. You may need a lawyer if you face any of the following situations:

- You have been dismissed and you want to know whether the dismissal was lawful, whether you can claim reinstatement or compensation, and how to meet procedural deadlines.

- Your employer has withheld wages, overtime pay or holiday pay, or has failed to make social security contributions on your behalf.

- You believe you are being discriminated against, harassed or subject to unlawful treatment at work.

- You have a dispute about contract terms, working hours, part-time rights, or changes to your employment conditions.

- You are involved in collective issues - collective redundancies, negotiations with staff representatives, or strikes - and need legal advice on rights and procedures.

- You are an employer who needs help drafting contracts, carrying out lawful dismissals, complying with obligations or responding to inspections.

A lawyer who specialises in employment law can explain legal options, represent you in conciliations and court claims, help gather evidence and ensure you meet strict time limits.

Local Laws Overview

Key legal points to know when dealing with employment matters in Guía:

- Governing rules: National law starts with the Estatuto de los Trabajadores. Collective bargaining agreements at national, sectoral or company level can improve worker rights and set specific conditions - always check which collective agreement applies to your job.

- Contract types: Common contract types include indefinite contracts, temporary contracts for specific works or services, fixed-term contracts and part-time contracts. Spanish law restricts abusive use of temporary contracts and includes rules on conversion to indefinite status.

- Working time and overtime: Standard maximum working hours, rest periods, night work rules and overtime compensation are regulated by law and collective agreements. Employers must record working hours in many situations.

- Dismissal and severance: Dismissal can be disciplinary, objective (economic, technical or organizational) or collective. Employers must follow procedural rules and provide written notification explaining grounds for dismissal. Compensation amounts differ by dismissal type - objective dismissals carry a different formula to unfair dismissals. Procedural deadlines for contesting dismissals are short.

- Social security and contributions: Employers and workers must register with the social security system and make required contributions. These affect benefits such as unemployment, temporary incapacity and retirement.

- Health, safety and workplace abuse: Employers must provide a safe work environment, assess risks and take preventive measures. Work-related accidents and occupational disease rules determine employer liability and benefits.

- Dispute resolution: Before judicial claims, many disputes require a prior conciliation attempt through the appropriate administrative body. Labour courts handle contested matters thereafter.

- Regional administration: In the Canary Islands, regional authorities and the Servicio Canario de Empleo implement policies that may affect training, subsidies and employment services in Guía, while national agencies such as SEPE and the Inspección de Trabajo provide oversight and enforcement.

Frequently Asked Questions

How can I find out if my dismissal was lawful?

To determine lawfulness you need the employer's written dismissal notice, details of the reasons given and any supporting evidence. Dismissals are lawful when they follow procedural rules and have genuine, proven grounds. An employment lawyer can assess whether the facts match lawful categories - disciplinary, objective, or collective - and advise whether you should challenge the dismissal.

What deadlines apply if I want to challenge a dismissal?

Deadlines are strict. For many dismissal cases there is a short deadline to request conciliation and file a claim with the labour court. Commonly, you have around 20 working days from the date of dismissal to start the legal process, but exact timing depends on the situation. Contact a lawyer quickly to secure your rights.

How much compensation can I receive if my dismissal is found unfair?

Compensation depends on contract start date, length of service and type of dismissal. Unfair dismissals usually result in an indemnity calculated using days of salary per year of service, bounded by statutory limits. Objective dismissals and collective redundancies use different formulas. A lawyer will calculate likely compensation based on your salary and work history.

Can I claim unpaid wages or overtime?

Yes. Workers can claim unpaid salary, overtime and other pending concepts. You should collect payslips, time records, contract and any communications about hours. Many wage claims have a statute of limitation, often one year for unpaid wages, so act without delay and obtain legal advice to start the proper procedure.

What should I do if my employer is not making social security contributions?

Failure to pay social security contributions can affect your benefits. Keep records of employment, payslips and any employer communications. You can report the omission to the Inspección de Trabajo y Seguridad Social or seek legal help to compel contributions and protect benefit entitlements.

Are temporary contracts legal and when are they abusive?

Temporary contracts are legal when they meet statutory purposes - replacing absent workers, specific projects or temporary increases in activity. They become abusive if used continuously to cover permanent needs or if successive renewals circumvent the presumption of permanence. A lawyer can review your contract pattern to assess whether you may be entitled to conversion to an indefinite contract and back pay.

What rights do I have for sick leave, maternity or paternity leave?

Workers have rights to sickness benefits, maternity and paternity leave and other leave types under national law and social security rules. Entitlements depend on contribution history, contract status and collective agreement terms. Employers must respect leave rights and cannot penalise employees for exercising them.

How do collective redundancies work?

Collective redundancies require a consultation process with worker representatives, a written proposal and a statutory negotiation period. The employer must follow notification and information obligations and comply with selection criteria and compensation rules. A lawyer or union representative can help employees understand the process and protect rights.

Do I have protections against discrimination or harassment at work?

Yes. Spanish law prohibits discrimination for protected grounds such as sex, age, disability, ethnicity, religion, sexual orientation and others. Harassment and hostile work environments are prohibited. If you face discriminatory acts, document incidents and seek legal advice to file complaints with the company, labour authorities or courts.

What documents should I gather before consulting a lawyer?

Collect your employment contract, payslips, time records, dismissal letters or any communications from your employer, emails or messages relevant to the dispute, medical certificates if applicable, records of meetings, witness contacts and your social security information. These documents help a lawyer assess your case quickly and accurately.

Additional Resources

Useful bodies and organisations to contact or consult when dealing with employment issues in Guía:

- Inspección de Trabajo y Seguridad Social - for workplace inspections, reporting infractions and seeking enforcement of labour rights.

- Servicio Público de Empleo Estatal (SEPE) and the regional Servicio Canario de Empleo - for unemployment benefits, employment programs and subsidies.

- Tesorería General de la Seguridad Social - for social security registration and contribution queries.

- Major trade unions such as Comisiones Obreras (CC.OO.) and Unión General de Trabajadores (UGT) - for representation, advice and collective matters.

- Colegio de Abogados de Las Palmas or your provincial Bar Association - to find accredited employment lawyers and confirm professional credentials.

- Legal aid offices - if you meet income criteria you may qualify for asistencia jurídica gratuita - public legal aid for eligible cases.

- Local municipal employment or citizen information offices in Guía - for guidance on local services and administrative procedures.

Next Steps

If you believe you need legal assistance with an employment or labor matter in Guía, follow these steps:

1. Gather documentation - employment contract, payslips, written communications, time records, medical reports and any evidence supporting your claim.

2. Note key dates - date of dismissal, meetings, incidents and any deadlines mentioned in employer letters. Time limits are critical in labour disputes.

3. Contact a specialised employment lawyer - ask about initial consultation fees, likely timelines, evidence needed and expected costs. Use the provincial Colegio de Abogados to find qualified lawyers and check credentials.

4. Consider union support - unions can provide advice, representation in negotiations and support during collective or individual disputes.

5. Initiate conciliation if required - many labour claims require a prior conciliation attempt before going to court. Your lawyer will prepare and file the necessary documents.

6. Explore legal aid if you cannot afford a lawyer - check eligibility for asistencia jurídica gratuita through the courts or local legal aid office.

7. Keep copies and a written timeline - maintain organized records of all interactions, documents and expenses related to the dispute.

Employment law can be complex and outcomes depend on specific facts and timing. Early advice from an experienced employment lawyer will help you understand options, preserve rights and choose the best path forward in Guía.