Best Hiring & Firing Lawyers in Bilbao

About Hiring & Firing Law in Bilbao, Spain

Hiring and firing in Bilbao is governed primarily by Spanish labour law - the Estatuto de los Trabajadores - together with collective bargaining agreements and regional practices in the Basque Country. Employers and employees must follow national statutes on contracts, wages, working time, social security and dismissal procedures, while collective agreements and local institutions can affect specific terms and implementation. Bilbao employers also interact with Basque employment services and local authorities when managing hiring, redundancies and workplace disputes.

Why You May Need a Lawyer

Employment disputes often involve strict deadlines, technical calculations, and procedural steps. People commonly need a lawyer in Bilbao for these situations:

• To challenge a dismissal - to assess if it is fair, unfair or null and to file claims before the labour courts.
• To negotiate severance or settlement agreements and review finiquito documents.
• To design, review or defend employment contracts - including fixed-term, part-time, temporary and training contracts.
• To advise on collective redundancies - ERTEs and EREs - and the required consultation processes with workers representatives.
• To handle disciplinary procedures, allegations of misconduct or gross negligence.
• To deal with workplace harassment, discrimination or health and safety breaches.
• To assist employers with compliance - payroll, social security, working time, holiday accrual and documentation obligations.
• To represent clients at Inspección de Trabajo or in mediation and before the Juzgado de lo Social (Labour Court).

Local Laws Overview

Key legal points to know when dealing with hiring and firing in Bilbao:

• Primary framework - The Estatuto de los Trabajadores sets the core rights and obligations for contracts, dismissals, working time, leave and severance.
• Collective agreements - Sectoral and company-level convenios colectivos frequently set pay scales, probation periods, working hours and extra protections - these can modify statutory rights.
• Types of contracts - Common forms include permanent contracts (indefinido), temporary contracts (temporal), training and apprenticeship contracts (formativos) and part-time contracts. Recent reforms restrict excessive use of temporary contracts.
• Dismissal grounds - Employers may dismiss for disciplinary reasons, objective reasons (economic, technical, organisational or production-related) or collective reasons. Each has different procedures and remedies.
• Severance - Compensation depends on the dismissal type. Objective dismissals typically carry statutory severance; unfair dismissals may entitle employees to higher compensation or reinstatement, subject to complex rules and transition rules for older contracts.
• Procedural steps - There are strict deadlines to bring claims - workers normally must start a labour claim within 20 working days from dismissal. A prior conciliation or mediation step is often required before court.
• Social security and benefits - Employers must issue required documents at termination - certificado de empresa for unemployment benefits and a finiquito summarising payments due on exit.
• Collective procedures - For collective redundancies there are mandatory consultation periods with workers representatives and formal filings with authorities.
• Local bodies - Basque institutions such as Lanbide - the Basque employment service - and provincial bodies may provide administrative support, while national agencies and inspectorates enforce labour rules.

Frequently Asked Questions

What types of employment contracts exist in Spain and which apply in Bilbao?

The main contract types are permanent (indefinido), temporary (temporal), part-time (parcial) and training or apprenticeship contracts. Collective agreements and specific company policies determine many practical details. Recent national reforms aim to reduce the use of successive temporary contracts, so consult a lawyer to structure contracts correctly.

What are the common legal grounds for dismissal?

Dismissal may be disciplinary - for serious breach of duties - or objective - for economic, technical, organisational or production reasons, or due to individual incapacity. Collective dismissals arise when a group of workers is affected. The required procedure, notice and compensation differ by dismissal type.

How much severance am I entitled to if I am dismissed?

Severance depends on the dismissal type and the employment start date. Objective dismissals commonly give a statutory severance. If a dismissal is declared unfair, compensation calculations follow statutory formulas that have changed over time. Because calculations can be complex - involving daily salary, years of service and statutory caps - get personalised legal advice and documentation review.

What should I do immediately after being dismissed?

Request the written dismissal letter and the finiquito detailing sums paid. Ask for the certificado de empresa so you can apply for unemployment benefits. Note the dismissal date and collect payslips, contract, and any communications or witness statements. Time limits for legal claims are short, so contact a lawyer promptly.

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

Time limits are strict - typically you must initiate a labour claim within 20 working days from the date of dismissal. A prior conciliation or mediation step is often required. Missing deadlines can forfeit rights, so seek legal help without delay.

What is a finiquito and should I sign it?

The finiquito is a final settlement document listing sums the employer pays on termination - unpaid salary, accrued holiday pay and other concepts. Signing acknowledges receipt of those amounts but does not always waive the right to challenge the dismissal unless a separate full release is signed. Have a lawyer review the finiquito before signing.

Can an employer make me redundant because of COVID-19 or economic hardship?

Employers may carry out temporary layoffs - ERTEs - or permanent collective redundancies - EREs - where justified by economic or organisational causes. These procedures require specific consultation periods with workers representatives, documentation and filings with authorities. The legal threshold and obligations vary depending on the scale and reasons, so legal advice is important before accepting proposals or contesting them.

What rights do I have if I experience harassment or discrimination at work?

Harassment, discrimination and victimisation are prohibited. You can file a complaint internally with the employer, bring the issue to workers representatives or unions, report to Inspección de Trabajo, and pursue civil or employment claims. Evidence, contemporaneous records and timely action improve the chances of a successful remedy.

Do I have to give notice if I resign as an employee?

Notice periods for resignation are usually specified in the employment contract or the applicable collective agreement. Absent specific terms, custom and the collective agreement will guide the reasonable notice to avoid contractual penalties. Check your contract and seek advice if there is a dispute.

How can an employer lawfully dismiss an employee for poor performance?

Poor performance must be documented and, when appropriate, employers should use performance reviews, training and warnings before proceeding to dismissal. For dismissals based on lack of adaptation or aptitude, employers must follow the procedural requirements set by law and provide evidence. Procedural errors or lack of objective proof can lead to a dismissal being declared unfair.

Additional Resources

Useful organisations and institutions to consult or contact when you need help in Bilbao:

• Ilustre Colegio de la Abogacía de Bizkaia - for referrals to employment law specialists and legal orientation services.
• Inspección de Trabajo y Seguridad Social - the labour inspectorate that investigates breaches of labour law and safety rules.
• Servicio Público de Empleo Estatal (SEPE) and Lanbide - the Basque employment service - for unemployment benefits and employment programs.
• Colegio y asociaciones sindicales - such as CCOO, UGT and local Basque unions - for advice and representation in collective matters.
• Employer organisations - such as CEBEK and Confebask - for employers seeking guidance on compliance and collective bargaining.
• Cámara de Comercio de Bilbao - for employer support, training and advisory services.
• Social and labour mediation services - for conciliation procedures that often precede court claims.
• Local municipal services - Ayuntamiento de Bilbao - for employment orientation and social services support.
• Legal aid - Turno de Oficio and Asistencia Jurídica Gratuita - for those who qualify for free or subsidised legal assistance.

Next Steps

If you need legal assistance with a hiring or firing matter in Bilbao, follow these practical steps:

• Collect and organise documents - employment contract, payslips, emails, disciplinary notices, finiquito and any communications related to the dispute.
• Note timelines - record dates of events and the dismissal date - time limits for claims are strict.
• Seek initial advice - contact a specialised labour lawyer or the Colegio de Abogados de Bizkaia for a referral. If you cannot afford private counsel, check eligibility for legal aid - turno de oficio.
• Consider mediation or conciliation - many employment claims require or benefit from an initial mediation step that can resolve disputes faster than litigation.
• File a claim if necessary - your lawyer will advise whether to demand reinstatement or compensation and will prepare the complaint before the Juzgado de lo Social within the statutory deadline.
• Engage employee representatives or unions - if applicable, they can help with negotiation and the consultation processes for group measures.
• Comply with interim obligations - employers should document all steps taken, provide required paperwork at dismissal and respect notice and payment obligations to reduce litigation risk.
• Act promptly - early legal advice often preserves options, secures evidence and improves outcomes.

Employment law can be technical and consequences serious - consult an employment law specialist in Bilbao to review your particular situation and to get tailored advice on how to proceed.