Best Labor Law Lawyers in Bilbao

About Labor Law Law in Bilbao, Spain

Labor law in Bilbao is part of the wider Spanish system of employment regulation. The core national statute is the Estatuto de los Trabajadores - the Workers Statute - which sets basic rights and obligations for employers and employees across Spain. In addition, collective bargaining agreements - convenios colectivos - and specific sectoral or local agreements can improve on statutory minima. Bilbao is in the Basque Country - Euskadi - so regional institutions, public employment services and local workplace practices may influence how rules are applied in practice. Courts and administrative bodies that interpret and enforce labor rights include the Juzgados de lo Social - employment courts - and the Inspección de Trabajo y Seguridad Social - the labour inspectorate.

The basic topics regulated by labor law include employment contracts, working time, wages and minimum wage, paid leave and holidays, social security contributions, occupational health and safety, dismissal rules and severance, collective rights and union representation, and procedures for resolving disputes. Many rights are immediate and procedural steps and deadlines are strict - so acting promptly is important.

Why You May Need a Lawyer

Labor disputes often involve complex facts, strict procedural deadlines and a mix of statutory, collective and contractual rules. A lawyer helps to protect your rights and to navigate formal steps, such as conciliation, court claims and settlement negotiations. Common situations where people need legal help include:

- Dismissal or notice - to determine whether a dismissal is fair or whether you have a claim for unfair or null dismissal.

- Unpaid wages, unpaid overtime, wage deductions or withheld bonuses.

- Discrimination, harassment or workplace bullying - including sexual harassment or discriminatory treatment based on gender, age, disability, nationality or other protected grounds.

- Problems with employment contracts - incorrect contract type, misclassification as self-employed or as an external contractor when employment exists.

- Health and safety issues - work-related accidents, occupational illness and denial of sick pay or benefits.

- Redundancies and collective dismissals - consultation procedures, collective bargaining and selection criteria.

- Disputes over working hours, part-time arrangements, holiday entitlement or flexible working requests.

- Enforcement of collective agreement rights or interpretation of local convenio colectivo provisions.

- Negotiating severance, settlement agreements or defending claims brought by the employer.

Local Laws Overview

Key aspects to bear in mind when dealing with labor law issues in Bilbao include:

- National framework and local application - The Estatuto de los Trabajadores provides the baseline. Convenios colectivos that apply to a sector or a particular workplace can grant better terms and sometimes specific procedures that matter in practice.

- Types of contracts - Contracts can be permanent - indefinido - or temporary - temporal - including fixed-term, training, or intermittent contracts. Spain has specific rules controlling temporary hiring and limits on successive temporary contracts.

- Working time and minimum wage - Working hours, rest breaks and overtime are regulated by law and by collective agreements. The national minimum wage - Salario Mínimo Interprofesional - is set at the national level, but collective agreements can provide higher minima for sectors or territories.

- Dismissal and remedies - Dismissal must follow legal grounds and formalities. Common types are disciplinary dismissal for serious breaches and objective dismissal for economic, technical, organisational or production reasons. If dismissal is challenged, remedies may include reinstatement or financial compensation depending on the finding.

- Procedural requirements and deadlines - Many labour claims require an initial request for conciliation - Acto de Conciliación - through the appropriate mediation body before going to the employment court. There are strict time limits for filing claims - for example, the typical period to challenge a dismissal is 20 working days from receipt of the dismissal letter. Missing deadlines can bar your claim.

- Social security and benefits - Social security matters - including contributions, work injuries and unemployment benefits - interact with labour law claims. The national social security system is administered in collaboration with regional services, so you may deal with national and Basque agencies.

- Language and practice - Bilbao is bilingual - Spanish and Basque. Administrative procedures and workplace communications may occur in either language. Employers and institutions in the Basque Country may use Basque in documentation and communication.

Frequently Asked Questions

What should I do first if my employer fires me?

First, ask for a written dismissal notice that explains the reasons and the date. Keep all documents - contract, pay slips, communications and the dismissal letter. Note the date you received the notice - time limits to challenge a dismissal are short - typically 20 working days to request conciliation or to file a claim. Consider contacting a labour lawyer or your union immediately to assess whether the dismissal may be unfair or null and to begin the conciliation process if appropriate.

How long do I have to make a labour claim?

Deadlines vary by type of claim, but for dismissal-related claims the usual period is 20 working days from receipt of the dismissal letter to begin the mandatory conciliation procedure and then, if needed, to file a claim in the Juzgado de lo Social. Other claims - for unpaid wages, holiday pay or occupational injuries - may have different prescription periods. Acting promptly and getting legal advice early is essential.

What remedies are available if my dismissal is unfair?

If a court finds a dismissal unfair, the possible remedies typically include either reinstatement to the job with back pay or financial compensation. The precise remedy, amount of compensation and limits depend on the case facts, the applicable law at the time the contract was signed, and whether the dismissal is declared unfair or null. A lawyer can explain likely outcomes in your specific case.

Can I be dismissed for taking sick leave or medical leave?

Dismissal solely for being on sick leave is generally unlawful and may be considered discriminatory or null in certain circumstances, especially if the dismissal is for reasons tied to a disability. However, dismissal for objective causes related to prolonged incapacity may be possible in very limited, strictly regulated situations. Seek legal advice if you face dismissal while on medical leave.

What counts as unlawful discrimination or harassment at work?

Unlawful discrimination includes adverse treatment based on protected grounds such as gender, age, disability, nationality, religion, sexual orientation or trade union activity. Harassment - including sexual harassment and mobbing or bullying - is also prohibited. Employers have a duty to prevent and respond to harassment. If you believe you are a victim, preserve evidence, report the conduct internally if safe to do so and consult a lawyer or union.

Are temporary contracts common - and are they legal?

Temporary contracts are widely used but are subject to strict legal limits. Successive temporary contracts to cover permanent needs can be illegal and may allow a worker to claim conversion of the contract into a permanent one and seek compensation. Collective agreements and law set types of allowed temporary contracts and maximum durations. If you suspect an abuse of temporary contracts, get advice.

How are working hours, overtime and holiday entitlement regulated?

Working time, rest periods, maximum weekly hours and overtime pay are regulated by law and by applicable collective agreements. Employees also have a legal right to paid annual leave - the length is usually set by the Estatuto de los Trabajadores and may be increased by collective agreements. Keep accurate records of hours and payslips as evidence in a dispute.

What should I bring to a first meeting with a labour lawyer?

Bring your employment contract, recent payslips, the dismissal letter if any, any communications with the employer (emails, messages), documentation of workplace incidents, and details of witnesses if available. A timeline of events and copies of your job description and collective agreement, if you know it, are also helpful. This material lets the lawyer assess your case quickly.

Can I get legal aid for a labour claim?

Legal aid - asistencia jurídica gratuita - is available subject to financial means and other conditions. Eligibility depends on your income, assets and the nature of the case. If you qualify, legal aid can cover lawyer and court costs. Unions and some social organisations may also offer legal assistance or initial advice without charge.

What role do unions and worker representatives play?

Unions and workplace representatives - such as delegado de personal or comité de empresa - play a central role in representation, collective bargaining and support in disputes. They can accompany you in conciliation, advise on collective agreement rights, and sometimes provide legal assistance or refer you to labour lawyers experienced in local practice. Engaging your union early can be beneficial.

Additional Resources

When seeking help or more information, the following public bodies and organisations are commonly involved in labour matters in Bilbao and the Basque Country:

- Ministerio de Trabajo y Economía Social - the national ministry responsible for labour policy and general regulations.

- Inspección de Trabajo y Seguridad Social - the labour inspectorate that enforces compliance with labour and social security rules.

- Juzgados de lo Social - employment courts that handle labour disputes and claims.

- Servicio de Mediación, Arbitraje y Conciliación (SMAC) or local conciliation services - the administrative body that handles the mandatory conciliation attempt before many labour claims proceed to court.

- Servicio Público de Empleo Estatal - SEPE - national public employment service - and Lanbide - the Basque Country public employment service.

- Tesorería General de la Seguridad Social - TGSS - the body responsible for social security contributions and benefits.

- OSALAN - Instituto Vasco de Seguridad y Salud Laborales - the Basque institute for occupational health and safety.

- Local trade unions and workers organisations - both national unions such as Comisiones Obreras and UGT, and Basque unions such as ELA and LAB, which are active in the Basque Country.

- Diputación Foral de Bizkaia and Gobierno Vasco - regional and provincial authorities with competence in certain employment policies and social measures.

Next Steps

If you need legal assistance with a labour issue in Bilbao, consider the following practical steps:

- Preserve documents - collect and keep your contract, payslips, dismissal letter, emails, messages, time records and any evidence of incidents. Make photocopies and keep originals safe.

- Note deadlines - if you have been dismissed or suffered another urgent violation, act quickly. The usual time limit to contest a dismissal is 20 working days. Missing deadlines can prevent you from pursuing your claim.

- Seek an initial consultation - contact a lawyer specialising in labour law, your trade union or a legal advice service. During the first meeting ask about likely outcomes, costs, fee arrangements and the expected timeline.

- Consider conciliation - many disputes require a pre-claim conciliation attempt. Your lawyer or union can help you request the conciliation appointment and prepare your case.

- Evaluate options - discuss whether negotiation and settlement are possible or whether court proceedings are advisable. A lawyer will explain strengths and weaknesses and propose a strategy.

- Check legal aid options - if you have limited resources, ask about eligibility for legal aid or free initial advice through unions or social organisations.

- Keep communicating professionally - while your case is ongoing, follow any internal complaint procedures if safe to do so, and avoid actions that could harm your position. Let your lawyer guide communications with the employer.

Labour matters can be stressful and technically complex. Getting prompt, informed legal advice and acting within procedural timeframes improves your chances of a favourable outcome. If you are unsure where to start, contact a union representative or a specialist labour lawyer for an initial assessment of your situation.