(Non-Court) Labour Procedure in Spain

A labour inspection is a procedure whereby an official from the Ministry of Labour and Employment Promotion comes to your company to check that the organisation complies with rules and regulations related to working conditions, safety, workers’ rights and hygiene. 

An inspection can be random and unannounced. It can also be the result of one or more workers in the company lodging a complaint or concern about their working conditions with the ministry. You should not be concerned if a ministry official shows up to conduct an inspection at your organisation’s premises, as this is a routine procedure that any company could be susceptible to. From Lexidy we want to accompany you in this process and make sure that your company receives the best legal defence in this procedure.

An employee handbook is a document that compiles information provided to the employee when he/she joins a company. It includes all relevant details about the company policy, different protocols and values of the organisation.

At Lexidy we analyse the Collective Bargaining Agreement applicable in your company, the applicable Spanish labour regulations and the rights and duties of the employee and employer.

Labour due diligence is an audit of a company by external consultants to determine whether it complies with the legally established labour requirements and whether there are no substantial risks arising from its activity.

In this way, in the event that your company wants to acquire another company, Lexidy will carry out a complete study of the possible labour risks that may arise from the purchase of the company.

Since March 7, 2022, all companies with 50 or more employees have been obliged to have an equality plan. The equality plan is the document or set of documents that aim to achieve equal treatment and opportunities between women and men within a business organisation, in addition to eliminating discrimination based on sex.  

Since the entry into force of the Equality Law 3/2007 and its Royal Decree 901/2020, all companies, regardless of the number of employees, all companies, regardless of the number of employees, are obliged to draw up a harassment protocol that aims to define guidelines that allow us to identify a situation of harassment, whether moral, sexual or gender-based. This exists in order to resolve a discriminatory situation, guaranteeing, at all times, the rights of the victims.

The drafting of a code of conduct serves several purposes, but it is namely a management resource capable of giving visibility to the company’s values and ethical premises. Additionally, it is a guide to conflict resolution in the company environment,  and a system of sanctions and rewards. The team at Lexidy can help with the drafting and elaboration of this code so that it is extensive and far-reaching.

If you want to start a new project in Spain, Lexidy can help you with the procedure to obtain the authorisation for the transnational posting of workers, so that you can temporarily post your staff to work on your projects in Spain. 

In addition to the above services, the Lexidy legal team can guide you on ERE procedures (Employment regulation, Temporary redundancy), undue benefit payments, employment subsidies for recruitment under Spanish law, and counselling for non-civil servants working for the administration, just to name a few.

Seeking Lexidy’s guidance will provide you with peace of mind, ensure you are fulfilling Spain’s legal obligations, and that you or your employees are receiving fair treatment in the workplace.