Best Hiring & Firing Lawyers in Guia

About Hiring & Firing Law in Guia, Spain

This guide explains the basic legal framework that governs hiring and firing in Guia, Spain. Employment relationships in Guia are governed mainly by Spanish national labor law, principally the Estatuto de los Trabajadores - the Workers' Statute - together with collective bargaining agreements and any applicable rules of the autonomous community. Local practices and regional administrations can affect procedures for things like mediation, social security administration and employment services, but the core rules on contracts, working time, dismissal and severance are national.

The most important practical points to know are that employers must follow formal procedures when hiring or dismissing staff, that different types of dismissal (disciplinary, objective, collective) have different consequences, and that employees have short statutory deadlines to challenge dismissals or seek remedies in the Social Courts.

Why You May Need a Lawyer

A lawyer who specialises in labour law can help protect your rights, negotiate settlements and represent you in court or in mandatory conciliation processes. Common situations where people need legal advice include:

- You were dismissed and you believe the dismissal was unfair or discriminatory.

- You received a dismissal letter without a clear reason or without the required formalities.

- Your employer offers a severance package and you want to know whether it is fair or whether you can obtain more.

- You are a worker on repeated temporary contracts and suspect your employer is abusing temporary hiring rules.

- You face collective redundancies or an ERTE/ERE and need to know your rights during consultation processes.

- You experience workplace harassment, victimisation for union activity or discrimination related to gender, pregnancy, disability or other protected grounds.

- You have unpaid wages, holiday pay, overtime or other outstanding entitlements.

- You want to draft or review an employment contract, non-competition clause or settlement agreement to ensure it is valid and enforceable.

Local Laws Overview

Key legal aspects relevant in Guia include the following.

- National framework: The Workers' Statute sets core rules on contracts, working time, probation, termination grounds, notice requirements and the basic rights of workers. Collective bargaining agreements - sectoral or company-level - can modify or add protections, so always check the applicable convenio colectivo.

- Types of contracts: Open-ended contracts are the default. Temporary contracts are allowed in limited circumstances - for replacement, specific projects or temporary increases in activity - but misuse of temporary contracts can lead to conversion into permanent contracts and penalties for employers.

- Probation and working conditions: Probation periods, trial conditions and certain benefits can be regulated by contract, collective agreement or specific law. Probation periods must respect statutory or negotiated limits.

- Grounds for dismissal: Dismissal may be disciplinary (for serious misconduct), objective (for economic, technical, organisational or production reasons) or collective. Each type requires specific procedures and different financial consequences.

- Formal requirements: Dismissal normally must be communicated in writing with clear reasons and the effective date. For objective dismissals, statutory compensation and notice rules apply. For disciplinary dismissals, the employer should detail the facts that justify the sanction.

- Remedies and deadlines: Employees ordinarily have 20 working days from receipt of a dismissal letter to initiate a claim before the Social Court, following the mandatory conciliation step in many regions. Other claims, such as unpaid wages, have different limitation periods (for example, a one-year prescription for many wage claims).

- Severance and reinstatement: Remedies can include severance payments or reinstatement. In some cases where fundamental rights are violated - for example discriminatory dismissal or dismissal during pregnancy - courts may declare the dismissal null and order immediate reinstatement and full back pay.

- Temporary measures: ERTEs (temporary lay-offs or reductions) are regulated and often require negotiation with worker representatives and notification to public authorities. Collective redundancies (ERE) require a structured consultation procedure and may involve special authorisations or agreements with social authorities.

- Labour inspection and enforcement: The Inspección de Trabajo y Seguridad Social enforces employment law, can inspect workplaces and impose sanctions for non-compliance. Social Security and employment services administer benefits and registrations.

Frequently Asked Questions

What should I do immediately after receiving a dismissal letter?

Keep the original dismissal letter and any related documents, note the date you received it, and collect recent payslips, your employment contract, any written warnings, emails or messages relevant to the dismissal. Contact a labour lawyer or your trade union promptly because you have a limited time to start a legal claim.

How long do I have to challenge a dismissal?

The general rule is 20 working days from the date you receive the dismissal letter to start the legal process in the Social Courts, after completing the mandatory conciliation step where applicable. Missing this deadline usually means you lose the right to claim for unfair dismissal.

What are the main types of dismissal and how do they differ?

There are three principal types: disciplinary dismissal for serious breaches by the employee; objective dismissal for justified economic, technical, organisational or production reasons; and collective redundancy for large-scale dismissals. Each requires different formalities and gives rise to different compensation or remedies.

Can I be reinstated after being unfairly dismissed?

Yes - a court can order either reinstatement with payment of all wages lost since dismissal or a severance payment. In cases where dismissal is void because it breached fundamental rights, the court usually orders reinstatement and full back pay.

How is severance calculated?

Severance depends on the type of dismissal, your salary and your length of service, plus transitional legal rules that can affect older contracts. Because calculations can be complex and vary by case, consult a specialist lawyer to obtain an accurate assessment.

What if my employer paid me a severance and asked me to sign a settlement agreement?

Settlement agreements (finiquito or acuerdos) can be binding. Before signing, make sure the payment covers all outstanding rights and that you understand whether signing waives your right to make future claims. Have an employment lawyer review any agreement before you sign.

Are temporary contracts legal and when do they become permanent?

Temporary contracts are lawful when used for specific, legitimate reasons. However, if an employer uses successive temporary contracts without justification or for continuous work, the contract can be reclassified as permanent - a process known as conversion to an indefinite contract.

What should I do if I am facing collective redundancies or an ERTE/ERE?

Ask for documentation about the reasons and the selection criteria, and consult worker representatives or a lawyer. Employers must carry out a consultation period and follow statutory procedures. For ERTEs, check your entitlement to unemployment benefits and any negotiated measures.

Can I claim if I was dismissed for being pregnant or for union activity?

Such dismissals are treated very seriously. Dismissing someone for pregnancy, maternity reasons, or trade union activity can render the dismissal null, which typically leads to reinstatement and full back pay. Seek urgent legal advice as courts treat these cases as violations of fundamental rights.

What role do trade unions and the labour inspection play?

Trade unions can advise, support and represent workers in negotiations and legal actions. The Inspección de Trabajo conducts inspections, enforces compliance and can initiate administrative sanctions. Both are useful resources when facing unlawful dismissal or broader workplace violations.

Additional Resources

When seeking information or assistance in Guia, consider these types of local and national resources:

- Provincial or regional labour offices and employment services for information on benefits and employer obligations.

- The Inspección de Trabajo y Seguridad Social for complaints about employment law breaches and inspections.

- Social Security and unemployment offices for questions about contributions, benefits and registration.

- The provincial Bar Association (Colegio de Abogados) to find accredited labour-law solicitors in your area.

- Trade unions in your sector that provide legal assistance and representation to members.

- Social Courts (Juzgados de lo Social) handle employment disputes - a lawyer can advise on the conciliation and litigation steps.

Next Steps

If you believe you need legal assistance with a hiring or firing issue in Guia, follow these practical steps:

- Gather documents: employment contract, payslips, dismissal letter, correspondence with your employer, time records, and any witness contact details.

- Note deadlines: record the date you received the dismissal notice and calculate the statutory time limits for claims - contacting a lawyer immediately is essential because of the short 20 working-day deadline for dismissal claims.

- Seek advice: contact a labour-law specialist or your trade union for an initial assessment. Ask about fees, likely remedies and the process for conciliation and litigation.

- Start conciliation: your lawyer or union will usually initiate the mandatory conciliation process before the Social Court if required by the regional procedure.

- Consider settlement options: negotiate only after you understand your legal position and the value of potential claims. A lawyer can help you evaluate offers and advise whether to accept a settlement or proceed to court.

- Use enforcement and inspection bodies: if the issue involves unpaid wages, social security irregularities or systemic breaches, notify the labour inspectorate or social security authorities as appropriate.

Getting early legal advice increases your chances of a favourable outcome. If you need help finding a qualified labour lawyer in Guia, contact the provincial Bar Association or a recognised trade union office in your area for referrals.