Best Employment Rights Lawyers in Bilbao

About Employment Rights Law in Bilbao, Spain

Employment rights in Bilbao are governed by a mix of national Spanish labour law, regional rules from the Basque Country, and local collective agreements that apply to specific sectors. The main national framework is the Estatuto de los Trabajadores - the Workers Statute - which sets minimum standards for contracts, working hours, leave, dismissal, pay and social protection. Autonomous community and sectoral collective agreements can improve those standards. Bilbao workers benefit from the same national protections as elsewhere in Spain, and may also be affected by Basque-specific procedures for mediation, employment services and public benefits.

Why You May Need a Lawyer

Employment disputes can turn technical and time-sensitive. You may need a lawyer if you face any of the following situations:

- Dismissal that you believe is unfair, discriminatory or without proper procedure.

- Disputes over unpaid wages, overtime, holiday pay, or unpaid bonuses.

- Problems with temporary contracts, repeated renewals, or suspected misuse of temporary status.

- Workplace discrimination, harassment or health and safety violations.

- Conflicts over collective bargaining, redundancies or company restructuring where severance or consultation obligations exist.

- Complex matters involving social security, benefits, or cross-border employment issues.

- You need to start a claim before the Labour Court, handle mandatory conciliation procedures, or negotiate a termination agreement - a lawyer experienced in employment law can protect your rights and help you meet strict deadlines.

Local Laws Overview

Key legal aspects that are especially relevant in Bilbao include:

- National framework - The Estatuto de los Trabajadores establishes core rights such as contract types, maximum working time, minimum leave, notice and dismissal rules, and protections against discrimination.

- Collective agreements - Sectoral and company-level convenios colectivos are very important in Bilbao and Bizkaia. They can establish wages, working time arrangements, allowances, bonus schemes and procedural rules that supplement the statutory minimums.

- Working time and overtime - The normal working week is averaged over reference periods provided by law or collective agreements. Overtime must be compensated with pay or compensatory rest in line with statutory and negotiated rules.

- Paid leave - Workers are entitled to annual paid leave. Collective agreements may increase the statutory minimum and regulate how leave is scheduled.

- Dismissal procedures - Employers must follow the applicable formalities for disciplinary, objective and collective dismissals. Workers who consider a dismissal unfair usually have a short deadline to bring claims to the Labour Court.

- Conciliation step - Before litigation in many employment matters a conciliation or mediation attempt is required through the regional service of mediation, arbitration and conciliation. This administrative step is important and often mandatory.

- Labour inspection - The Inspección de Trabajo y Seguridad Social enforces labour and social security rules. Workers can file complaints with the inspectorate in cases of non-compliance.

- Language and anti-discrimination - Bilbao is in the Basque Country, where Basque and Spanish coexist. Employers can require language skills if relevant to the job, but such requirements must not amount to unlawful discrimination.

- Social security and benefits - Contributions and benefit administration are national, with unemployment and certain services processed via state and Basque employment offices.

Frequently Asked Questions

What should I do first if I am dismissed?

Ask for written confirmation of the dismissal and the reason given. Keep all payslips, your employment contract, time records and any written communications. Contact a lawyer or a trade union quickly because there is a strict deadline to start legal action. Consider requesting conciliation through the regional mediation service if applicable.

How long do I have to file a claim for unfair dismissal?

For dismissal disputes you generally have 20 working days from the date you receive the dismissal notice to bring a claim before the Labour Court. Missing this deadline can bar judicial review of the dismissal, so act promptly.

Can my temporary contract be turned into a permanent contract?

Yes. If temporary contracts are used abusively - for example, repeated renewals without real temporary reasons - a court may recharacterise the relationship as a permanent contract and order back pay and social security adjustments. Each case depends on the contract pattern and facts.

Am I entitled to unpaid wages, overtime or holiday pay - and how do I claim them?

Yes - you have the right to be paid for all hours worked, overtime and accrued holiday not enjoyed. Document hours, payslips and communications. You can pursue unpaid wage claims through conciliation and, if not resolved, before the Labour Court. The Labour Inspectorate can also investigate employers who fail to pay legally owed amounts.

Is there legal aid available for employment disputes?

Legal aid for labour cases is available for people who meet income and asset thresholds. Eligibility is assessed by the legal aid offices of the bar association. Trade unions also offer legal advice and representation to members, often at low or no cost.

What role do trade unions play in Bilbao?

Trade unions represent workers in collective bargaining, provide legal advice and often help with individual disputes. Major national and Basque unions operate in Bilbao. If you are a member, the union can advise you on procedure, provide legal assistance and represent you in negotiations or court.

Is mediation or conciliation required before going to court?

In many employment disputes a mandatory conciliation step is required. This administrative conciliation aims to resolve the dispute without litigation and serves as a precondition to filing a claim in the Labour Court. A lawyer can handle the conciliation act on your behalf and advise on settlement offers.

What are my rights if I suffer harassment or discrimination at work?

You have the right to a workplace free from harassment and discrimination. Report the conduct internally if possible, keep records, and seek legal advice. Cases can be brought to the Labour Court and, depending on the facts, to other authorities. Remedies can include reinstatement, compensation and disciplinary measures against the perpetrator.

How are redundancies or collective dismissals handled?

Collective dismissals and large scale redundancies follow detailed legal procedures including employer consultation with workers representatives, notification to authorities and sometimes administrative authorization. Affected workers may be entitled to specific compensation, selection criteria and information rights. Legal advice is important early in the process.

Can my employer require me to speak Basque or Spanish?

Employers can set language requirements if they are necessary and proportionate for the role. However, language requirements cannot be used as a pretext for unlawful discrimination. If you believe a language demand is discriminatory, seek legal advice or consult a union representative.

Additional Resources

Useful institutions and organisations that can help people in Bilbao include:

- The national Ministry of Labour and Social Economy - provides guidance on employment rights and national regulations.

- Servicio Público de Empleo Estatal and Basque employment services - handle unemployment benefits and employment programmes.

- Inspección de Trabajo y Seguridad Social - labour inspectorate that investigates employer breaches.

- Servicio de Mediación, Arbitraje y Conciliación - regional conciliation and mediation service - used for pre-litigation conciliation acts.

- Juzgados de lo Social de Bilbao - the Labour Courts where employment litigation is heard.

- Ilustre Colegio de Abogados de Bizkaia - the local bar association that can provide lawyer referrals and information about legal aid.

- Major trade unions and worker associations - such as national and Basque unions that provide advice and representation to members.

Next Steps

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

- Preserve evidence - keep contracts, payslips, time records, emails, messages and any written notices.

- Act fast - check deadlines. For dismissal disputes you usually have 20 working days to file a claim.

- Contact a specialist - look for an employment lawyer - abogado laboralista - experienced in Bilbao and the Basque Country. The provincial bar association can provide referrals and information about legal aid.

- Consider trade union support - unions can offer advice, representation and help with conciliation.

- Use conciliation - if required, take part in the conciliation process; it is often a condition before going to court and can lead to faster settlements.

- File complaints with labour authorities - for health and safety issues or systemic non-payment you can file a complaint with the Labour Inspectorate.

- Seek clear advice about costs and likely outcomes - an experienced lawyer will explain the merits of your case, procedural steps, potential remedies and the costs involved.

Employment law matters are time-sensitive and fact-specific. Getting timely legal advice will help you choose the best route - negotiation, conciliation or litigation - to protect your rights in Bilbao.