Protect your company and your employees with strategic employment solutions
Efficient labour management is key to any company's stability and growth. We support you throughout: from drafting contracts that protect the company and its workers to handling dismissals, Labour Inspectorate visits or disputes, with strategic solutions that minimise risk and comply with the law.
Efficient labor management is key to the stability and growth of any company, especially in an environment where legal and regulatory changes are constant. At Nextica Law & Tax, we understand the challenges that entrepreneurs face: from drafting contracts that protect the company and employees, to handling dismissals, labor inspections, or union conflicts. Your labor lawyer at Nextica will not only ensure regulatory compliance: they will anticipate potential risks, thereby protecting your interests and those of your employees. Avoid costly sanctions and labor conflicts with the support of our team, which will provide you with peace of mind and security at all times.
¿Te suena esta situación?
- You need to dismiss or restructure staff while minimising risk and cost.
- You receive a labour inspection or a claim from an employee.
- You want to outsource payroll and HR management with peace of mind.
THE REAL COST OF POOR LABOR MANAGEMENT
An employment contract with incorrect clauses or a lack of preventive policies creates a silent exposure that many companies do not detect until they receive an inspection or a lawsuit. These are the most common risks we manage:
Unfair dismissal
33 days' salary for each year worked, maximum 24 monthly payments (art. 56 ET). A disciplinary dismissal without prior documentation is, in practice, unfair.
art. 56 ETITSS penalties
from €60 (minimum light) to €225,018 (very serious) according to the LISOS. Timekeeping records, incorrect contracts, and the absence of an Equality Plan are the three most inspected areas.
Not having an Equality Plan as a mandatory company (50+ workers)
a fine of up to €187,515 and loss of access to public contracts.
Absence of anti-harassment protocol
serious breach regardless of the size of the company, as well as the civil and criminal liability of the executives.
What we do for you
2.1 Employment Contracting
Each employment contract is a strategic tool to ensure a clear and well-defined relationship between the company and employees…
Employment contracts2.2 Terminations
Dismissals are not only one of the most delicate situations for any company, but also one of the riskiest. A poorly managed…
Dismissal Management2.3 Labor Inspection
An inspection by the ITSS is one of the most critical moments for any company. The uncertainty about regulatory compliance and…
Labor inspection2.4 Labor Demand
Facing a lawsuit from an employee can be one of the most stressful and challenging moments for any business owner. The high…
2.5 Workplace Accidents
A workplace accident generates legal, economic, and reputational consequences that must be managed from the first minute, both…
Work accidents2.6 Workplace Harassment
Workplace harassment —sexual, gender-based, moral, or discriminatory— not only generates consequences for the affected worker…
Work harassment2.7 Equality Plans
Equality Plans are not just a legal requirement: they are a tool to promote a diverse, inclusive, and respectful work…
Equality plans2.8 Top Management
The senior management contract is governed by RD 1382/1985, not by the Workers' Statute. This distinction is not formal: it…
Sectors where it applies most
WHY TRUST NEXTICA FOR YOUR WORK MANAGEMENT
Mixed team
labor lawyers and social graduates. The same company cannot properly handle your payroll and your labor lawsuit without both profiles.
We anticipate risks
the preventive labor audit is the service that saves the most money. It's better to correct before the inspector arrives.
Response in less than two hours when the situation is urgent. An inspection, an accident, or a demand does not wait until next week.
Experience in all sectors
industry, hospitality, health, technology, subsidiaries of multinational companies.
Clear prices. No surprises on the bill.
Resultados
- Collective dismissal resolved by agreement, without litigation.
- Labour inspection closed with no penalty.
- Full HR outsourcing for a growing SME.
THE WORK TEAM OF NEXTICA
The labor area is led by Víctor Espuñes, Labor Director at Nextica, with over fifteen years of experience in labor advice to companies across all sectors. The team consists of labor lawyers and social graduates who work in parallel: the former focused on strategy and judicial defense, the latter on payroll management, contracts, and relations with Social Security.
Frequently asked questions
When does a company need an employment lawyer?
Always, not only when there is a conflict. Preventive labor advice —correct contracts, periodic audits, updated protocols— prevents 80% of the conflicts that reach the court. Urgently, when a lawsuit is received, a visit from the ITSS, a workplace accident, or a harassment complaint.
What is the difference between a labor lawyer and a social graduate?
The social graduate is the professionally qualified individual specifically in labor relations: they manage payroll, registrations and cancellations in Social Security, contracts, and represent the company in conciliations before the SMAC and in court proceedings when acting as a technical representative. The labor lawyer adds the ability to act before social courts and strategic guidance in conflicts of greater complexity. At Nextica, both profiles work together on each case.
What sanctions can the Labor Inspection impose?
Labor sanctions range from €60 (minor infractions) to €225,018 (very serious infractions) according to the Act on Violations and Sanctions in the Social Order (LISOS). The three most sanctioned areas are: absence of time registration (mandatory since May 2019, art. 34.9 ET), incorrectly applied temporary contracts, and absence of Equality Plan in obligated companies.
When is the Equality Plan mandatory?
Companies with 50 or more employees are required to have an Equality Plan negotiated with the representation of the workers and registered in the REGCON (art. 45 LO 3/2007, modified by RDL 6/2019). The count includes all employees of the company regardless of their contractual modality.
What is the difference between a justified and an unjustified dismissal?
A dismissal is justified when the company proves the causes that motivate it (disciplinary or objective) and meets the formal requirements (dismissal letter with specific facts, date, signature). It is unjustified when any of these elements fail. The consequence of unjustified dismissal is the payment of 33 days of salary for each year worked (maximum of 24 monthly payments) or the reinstatement of the employee, at the company's choice in the case of disciplinary dismissal.
What does a labor lawyer do when a worker files a claim?
Review the claim immediately to identify the contested facts, the worker's economic demand, and the procedural deadlines. Prepare the evidence that supports the company's version (contracts, letters, communications, witnesses), represent you in the pre-conciliation before the SMAC (mandatory before the trial) and, if there is no agreement, at the trial before the social court.
When we received the notification from the Labor Inspection, we called Nextica that same day. Within 48 hours we had all the documentation prepared and a clear strategy. The inspection was closed without a violation report.
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