Businesses

Employment advice for businesses in Barcelona

We support businesses and self-employed employers with important employment decisions: hiring, changing conditions, restructuring, dismissing and responding to an inspection. The aim is for you to decide with a clear understanding of your options and risks before acting.

At a glance

  • A poorly documented employment decision often costs more than the advice that could have prevented it: dismissal letters, temporary lay-off procedures and notices of changes have formal requirements.
  • We review contracts, collective agreements, internal policies and each case's documentation before a dispute arises.
  • If there is already an inspection, a claim or a penalty, deadlines are short. Contact us as soon as possible.

Situations in which we can help

  • Contracts and conditions

    Contracts suited to your collective agreement, probation periods, retention agreements, remote work and working-time records.

  • Dismissals

    Disciplinary dismissal, objective dismissal or dismissal on economic grounds: we select the route, draft the notice and prepare the evidence.

  • Temporary lay-offs and restructuring

    Suspensions, reduced hours and collective dismissals, including the consultation period and the documentation required by law.

  • Substantial changes

    Changes to working hours, duties or pay, with the applicable formalities and notice.

  • Labour Inspectorate and penalties

    Preparation for visits, representations and appeals against inspection reports.

  • Social Security and contributions

    Registrations, deregistrations, temporary incapacity and review of contribution bases.

  • Employment compliance

    Equality plans, harassment protocols and internal reporting channels, where mandatory.

Three ways to end a contract at the employer's initiative

Each route has its own grounds, standard compensation and weak point. Choosing correctly at the outset helps prevent a dismissal from being declared unfair.

RouteWhen it is usedStandard compensationCritical point
Disciplinary dismissalSerious and culpable breach by the employeeNone if justified. If declared unfair: 33 days' pay per year, capped at 24 months' pay*The letter must describe the facts precisely and include dates
Objective dismissalEconomic, technical, organisational or production grounds20 days' pay per year, capped at 12 months' payMake compensation available to the employee when notifying dismissal, with 15 days' notice
Collective dismissalWhere the statutory thresholds are exceeded over a 90-day periodStatutory minimum: 20 days per year, capped at 12 months' payConsultation with employee representatives and financial documentation

*The calculation differs for service before 12 February 2012. These are statutory reference figures: collective agreements or individual agreements may improve them.

How we work

  1. Initial review

    We examine contracts, the collective agreement, payslips and relevant communications.

  2. Options and risks

    We explain the alternatives, their scope, cost and risks in writing.

  3. Implementation

    We draft the documents and support negotiations and formalities.

  4. Follow-up

    If there is conciliation, a hearing or an inspection, we represent you and keep you informed.

Deadlines and points to bear in mind

The employee challenges dismissal
They have 20 working days from the effective date. An incomplete notice may have to be repeated or result in higher compensation.
What constitutes a collective dismissal
Over a 90-day period: at least 10 dismissals in businesses with fewer than 100 employees, 10% in those with 100 to 300, or 30 in those with more than 300.
Labour Inspectorate
Following an infringement report, the usual deadline for representations is 15 working days.
Obligations depending on size
An equality plan and an internal reporting channel (Law 2/2023) are required from 50 employees.

Frequently asked questions

When should we seek advice before dismissing an employee?

Always before giving notice. The route chosen (disciplinary, objective or agreed), the letter's wording and how it is delivered determine whether dismissal is upheld or declared unfair. Once the letter has been delivered, opportunities to correct it are very limited.

What happens if dismissal is declared unfair?

As a general rule, the employer may choose between reinstatement and statutory compensation. If the employee is a legal employee representative or trade union delegate, the choice belongs to them. Standard compensation is 33 days' pay per year, capped at 24 months' pay, with transitional rules for service before 12 February 2012. If dismissal is void, reinstatement follows with the corresponding legal effects.

Can temporary lay-offs be used to reduce occasional costs?

A temporary lay-off procedure requires proven grounds and the relevant procedure. Economic, technical, organisational or production grounds require consultation. Temporary force majeure follows a specific procedure before the labour authority. The appropriate route must be assessed before implementation.

How should we handle a Labour Inspectorate visit?

Keep employment records organised (contracts, registrations, working-time records, prevention and payslips), appoint a responsible person to assist the inspector and obtain advice from the first request. It is advisable to check beforehand for breaches that can be corrected.

Can I change an employee's hours or salary?

It depends on whether the change is substantial, what the contract and collective agreement say and the grounds for it. Generally, written notification and 15 days' notice are required, and the employee may accept it, challenge it or terminate their contract with compensation.

Do you work with small businesses or self-employed employers?

Yes. We tailor advice to each business's size and needs, from a one-off consultation to ongoing support agreed in writing.

Guides on Employment and Social Security Advice

General information to help you prepare before we assess your case.

General information, not advice. Each case needs individual study. Deadlines and rules may change.

Contact

Tell us about your case.

Briefly tell us what you need. We will review your message and contact you to discuss an initial consultation. The consultation carries a fee, which we will explain in writing before confirming it.

Av. Roma 60 · 08015 Barcelona935 045 324info@mgma-abogados.comMonday to Thursday: 9:00–14:00 and 15:00–18:00 · Friday: 9:00–15:00
Book an appointment

MGMA ABOGADOS

How can we help?

Common questions and access to the firm. No personal details needed.

Select a question to see the answer and next step.

General information. A lawyer must assess your case. Selections are not sent to the firm or saved when you reload.

MGMA ABOGADOS · APPOINTMENTS

Let’s discuss your matter.

Choose an available Tuesday or Thursday time. Your request temporarily holds the time; the appointment is confirmed only when the firm accepts it.

The initial consultation carries a fee. We will confirm the price in writing beforehand.