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.
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.
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.