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Like any relationship, sometimes two people disagree. Misunderstandings are difficult to manage especially in the world of work. If you face a dispute with one of your employees, here are some tips to help you learn more about the litigation procedure in Spain.

What constitutes a labour dispute in Spain?

A labour dispute may arise between an employee and his superior if perhaps the employee believes one or more of the conditions promised to him upon being hired are not being respected. This type of conflict may also exist between some or all employees in the company
although this is less common. When this kind of disagreement occurs in your business, it is
advisable to take proper legal assistance to deal with it.

Litigation procedure between employee/employer in Spain

Litigation in Spain begins with a summons in the form of letters where the facts and other terms agreed within the business are not respected. The company must respond in writing within 48 hours from receipt of the employee's complaint. This exchange of letters between the two parties shall in no case be modified later and will be the foundation of what will be used during trial. It is very important to think strategically when drafting this letter since it can not be changed in the future. Whether you are employer or employee, you should mention as many details as possible to best defend your position. It is important to seek professional advice from the legal sector to help you avoid or reduce legal consequences.

What to do in case of dispute?

During this period of document exchange, the company will then decide on a strategy for trial. They should look at witnesses, gather written evidence, examine the books, various records, balance sheets etc. This meticulous work will be done by an attorney or lawyer. This evidence will become part of your defence against the employee. Preparation is a key factor is this type of legal procedure. If the conflict between you and your employer holds a financial incentive (bonus, gratuity, compensation...), ask yourself if you would be better off negotiating with your employee instead. A sacrifice as such may prove preferable to a long and uncertain procedure. Especially if the employee uses a lawyer, they may be granted legal aid to cover the costs related to the transaction.