VPractice areas
Employment
Employment and social security, from workforce reorganisation through to the individual benefit claim.
We advise the company on managing its workforce, and those who run it on their own position before the social security authorities. From the day-to-day contract and collective agreement through to collective dismissal or the restructuring of a company in difficulty.
- Workforce renewal and reorganisation: restructuring, collective redundancy procedures and early retirement
- Business transfers and subrogation; contracting and subcontracting
- Analysis of employment issues within groups of companies
- Companies in difficulty: negotiation of institutional debt, deferral of social security contributions and enforcement proceedings
- Termination of employment: individual and collective dismissal, resignation and force majeure
- Collective agreements, forms of engagement, incentives and subsidies
- Immigration and the engagement of foreign workers
- Geographical mobility and posted workers
- The employment relationship of professional sportspeople
- Occupational risk prevention and administrative penalty proceedings
- Social security classification of partners, directors and senior officers
- Benefits: retirement, widowhood and permanent incapacity; ordinary and occupational contingency
- Design and implementation of supplementary pension schemes
What clients usually ask us
I have been dismissed: how long do I have to challenge it?
Twenty working days from the date of dismissal. It is a strict time limit that cannot be extended, and within it a conciliation request must be filed first. If the dismissal is ruled unfair, the employer chooses between reinstatement and compensation; if it is ruled void, reinstatement is mandatory. It is best to seek advice as soon as you receive the letter.
What must a company do to dismiss an employee safely?
Have a cause and be able to prove it, deliver a dismissal letter stating the specific facts and the effective date, and meet the formal requirements of each type of dismissal: notice and severance pay for an objective dismissal, a consultation procedure for a collective one. Most dismissals lost in court are lost on form, not substance. We prepare the decision before it is communicated.
What is an ERE and when is it required?
It is the procedure for dismissing several employees on economic, technical, organisational or production grounds when certain thresholds are exceeded within ninety days. It requires a consultation period with employee representatives and notification to the labour authority. For temporary difficulties there is also the ERTE, which suspends contracts or reduces working hours without terminating them.
How do I hire a foreign worker?
Citizens of the European Union can work without a permit: registration and Social Security formalities are enough. For everyone else — including British nationals since Brexit — a residence and work permit is usually required, which in many cases the company applies for before the worker arrives. There are faster routes for qualified profiles. We study the specific case and handle the application.
Does your case belong here?
Set out your situation briefly and we will tell you how to proceed, with no obligation on your part.