Best Hiring & Firing Lawyers in Villares de la Reina

About Hiring & Firing Law in Villares de la Reina, Spain

Hiring and firing in Villares de la Reina follows Spanish national labor law under the Estatuto de los Trabajadores, complemented by collective bargaining agreements that may apply at provincial or sector level in Salamanca and Castilla y León. The municipality itself does not create separate labor rules, but local bodies handle procedures such as conciliation before court claims and labor inspection actions.

Employers must formalize contracts properly, register staff with Social Security, respect working time and pay minimums set by law or collective agreement, and follow specific procedures when ending employment. Employees have strong protections against discrimination, unlawful dismissal, and unpaid wages, along with clear channels to challenge decisions within short deadlines. Because many businesses in the Salamanca area are small or medium sized, it is common for hiring and firing questions to revolve around contract types, trial periods, time tracking, and settlement payments at the end of employment.

Why You May Need a Lawyer

You may need a lawyer if you are considering a dismissal and want to minimize risk, or if you have received a dismissal letter and want to challenge it. Legal help is also valuable when choosing the right contract type, drafting clauses such as non compete or confidentiality, or implementing remote work agreements. A lawyer can review disciplinary measures, guide objective redundancies, or prepare collective layoff procedures. Employees often seek advice on unpaid wages, changes in schedule or pay, harassment or discrimination, and incompatibilities with second jobs.

Because deadlines are short and compensation rules are technical, early advice can preserve rights and prevent costly errors. Local practice in Salamanca also relies on mandatory conciliation before a lawsuit, so a lawyer can prepare evidence and negotiation strategy for that stage.

Local Laws Overview

Contracts and registration. Employment contracts can be indefinite, temporary for production circumstances or substitution, or fixed discontinuous. Temporary agency work through ETTs is allowed under specific conditions. Contracts must be provided in writing when required and registered with the public employment service. Employers must register and enroll employees with the Tesorería General de la Seguridad Social before work begins and pay contributions monthly.

Probation periods. Unless a collective agreement states otherwise, maximum probation is 6 months for qualified technicians, 2 months for other workers, or 3 months for non technicians in companies with fewer than 25 employees. During probation either party can terminate without severance, provided there is no discrimination or rights violation.

Working time and pay. The ordinary working time is typically 40 hours per week averaged annually. Daily rest of at least 12 hours and weekly rest of at least 1.5 uninterrupted days applies. Overtime limits and pay or time off are regulated by law and collective agreements. Spain sets a national minimum wage SMI that changes periodically, and many convenios in Salamanca set higher minimums per job category. Employers must keep a daily time record for all employees and provide the record to staff and labor inspectors upon request.

Equality and data protection. Discrimination based on sex, age, disability, origin, religion, sexual orientation, and other protected grounds is prohibited. Companies with 50 or more employees must have a negotiated equality plan and a harassment prevention protocol. Personal data in HR must comply with GDPR and the Spanish data protection law, including notice to employees and secure handling of personnel files.

Health and safety. Employers must assess risks, provide training and personal protective equipment, and coordinate prevention under the occupational risk prevention framework. Accidents and occupational diseases carry reporting duties and potential liabilities.

Remote work. Regular telework requires a written remote work agreement that covers equipment, expenses, working time control, availability, and data security. Employees cannot be charged for mandatory tools and must receive expense compensation as agreed.

Ending employment. Main pathways are disciplinary dismissal, objective dismissal, termination of temporary contracts at term, resignation, mutual agreement, or collective layoffs. Any dismissal must be communicated in writing with reasons and effective date. Objective dismissal typically requires 15 calendar days notice or pay in lieu and severance of 20 days salary per year of service capped at 12 months. Disciplinary dismissal has no severance but must be justified and proportionate, and collective agreements may require prior hearing of staff representatives.

Unfair and null dismissals. If a court finds a dismissal unfair, compensation is generally 33 days salary per year of service capped at 24 months, with transitional rules for service prior to 12 February 2012. A null dismissal, such as one based on discrimination or affecting pregnancy or parental rights without justification, leads to immediate reinstatement with back pay.

Temporary contracts. When a temporary contract longer than one year ends, the party terminating should give at least 15 days notice or pay in lieu if the applicable rules require it. At end of contract, the employee is usually entitled to compensation that commonly equals 12 days salary per year of service, except for specific contract types where different rules apply.

Finiquito settlement. Upon termination, employers must pay pending salary, accrued and unused vacation, proportional parts of extra pays, approved expenses, and any other agreed amounts. Employees should review the finiquito before signing and indicate non conformity if they dispute it.

Procedural steps in Salamanca. Before filing a lawsuit for dismissal or wage claims, an employee must submit a papeleta de conciliación to the Unidad de Mediación, Arbitraje y Conciliación of the Oficina Territorial de Trabajo in Salamanca. The general deadline to challenge a dismissal is 20 business days from its effect. If no agreement is reached in conciliation, the claim proceeds to the Juzgado de lo Social in Salamanca.

Collective bargaining. Many aspects of hiring, working time, notice, disciplinary rules, and severance improvements are set by sectoral or company level agreements applicable in Salamanca province. Always check the correct convenio for the workplace.

Frequently Asked Questions

What documents should I have when hiring an employee in Villares de la Reina

Prepare a compliant written contract with the correct contract code, Social Security registration, identity and work authorization documents, job description, salary according to the applicable convenio, time recording method, and any remote work or confidentiality agreements. Provide prevention of risks information and schedule onboarding training.

How much notice is required for dismissal

Objective dismissal usually requires 15 calendar days notice or payment in lieu. Disciplinary dismissal does not require notice unless the applicable convenio says otherwise. Temporary contracts ending at term may require notice when the duration exceeds one year depending on the rules and agreement. Resignations often require notice as set in the convenio or contract.

What severance is paid in Spain for dismissal

Objective dismissal severance is generally 20 days salary per year of service capped at 12 months. If a dismissal is declared unfair, compensation is generally 33 days per year capped at 24 months, with transitional protection for seniority earned before February 2012. Disciplinary dismissal has no severance if the reasons are proven.

What is the deadline to challenge a dismissal

You have 20 business days from the effective dismissal date to file a conciliation request with the labor conciliation unit in Salamanca. That step is mandatory before going to the Juzgado de lo Social. The filing pauses the deadline until the conciliation is held.

Do I need a reason to dismiss during probation

During a valid probation period either party can end the contract without severance and without cause, but the decision cannot be discriminatory or violate fundamental rights. Written notice is advisable and any notice period in the convenio should be respected.

Can I reduce salary or change shifts unilaterally

Significant changes to pay, schedule, or duties follow the substantial modification rules. Notice and justification are required, consultation may be needed, and the employee may challenge the change or opt to terminate with compensation in certain cases. Minor changes within managerial power must still respect good faith and the convenio.

What happens if I sign a finiquito but disagree with the amounts

You can sign received but not in agreement, adding a statement of non conformity next to your signature. That preserves your right to claim differences later. Keep copies of payslips, time records, and the dismissal letter.

Are remote workers entitled to expense reimbursement

Yes when remote work is regular and covered by the telework rules. There must be a written agreement that addresses tools and expenses. Collective agreements often define the amounts or calculation method. Employees cannot be required to pay for mandatory equipment.

Can illness or sick leave be a reason for dismissal

Illness alone is not a valid reason to dismiss. Disciplinary dismissal may be possible for misconduct unrelated to the illness. Dismissals connected to protected situations like pregnancy, maternity, or exercising rights can be null, leading to reinstatement with back pay.

What authority oversees labor compliance in Salamanca

The Labor and Social Security Inspectorate oversees compliance and can investigate complaints. The Oficina Territorial de Trabajo manages conciliation for disputes. Courts of the Social Jurisdiction in Salamanca adjudicate claims when conciliation fails.

Additional Resources

Oficina Territorial de Trabajo de Salamanca - Unidad de Mediación, Arbitraje y Conciliación for filing conciliation requests. Inspección de Trabajo y Seguridad Social for complaints related to labor and Social Security. Tesorería General de la Seguridad Social for registrations, contributions, and certificates. Servicio Público de Empleo Estatal SEPE for contract registrations and benefits. Servicio Público de Empleo de Castilla y León ECYL for regional employment services. Servicio Regional de Relaciones Laborales de Castilla y León SERLA for collective conflict mediation. Juzgados de lo Social de Salamanca for labor court proceedings. Trade unions such as CCOO Salamanca and UGT Salamanca for worker representation and advice. Employer organizations in Salamanca for guidance on compliance and collective agreements. Ayuntamiento de Villares de la Reina for local business support and information.

Next Steps

1) Gather documents such as contract, payslips, time records, emails, and the dismissal letter if any. 2) Check the applicable convenio colectivo and any company policies. 3) If you were dismissed, calendar the 20 business day deadline and file the conciliation request with the labor office in Salamanca as soon as possible. 4) If you are an employer planning a dismissal or contract change, get legal advice on the correct procedure, letters, notice, and settlement calculations before acting. 5) Prepare a negotiation plan for the conciliation meeting, including realistic settlement figures and evidence. 6) If no agreement is reached, file or defend the claim at the Juzgado de lo Social in Salamanca. 7) For ongoing compliance, update contracts, time tracking, remote work agreements, equality and harassment protocols, and risk prevention documents. 8) Contact a local labor lawyer familiar with Salamanca practice to guide you step by step.