The Labour Department of ARPA Lawyers Consultants provides coverage for all legal needs relating to companies and employment, which may arise in the business of our clients. As such, we provide the following services:
Legal advice and representation in all types of work processes and Social Security, contentious-administrative, arbitration and conciliation bodies.
- Layoffs/redundancies and penalties.
- Functional and geographical mobility.
- Rights’ claim for declaratory judgment.
- Quantity claims.
- Processes of substantial change in working conditions.
- Professional classification/evaluation.
- Employment contract.
- Corporate subrogation.
- Illegal assignment of workers.
- Holidays and working times.
- Collective proceedings.
- Court proceedings related to Social Security: Retirement and disability.
- Challenges to administrative work in the contentious-administrative area.
LABOUR MANAGEMENT ADVICE:
Advice service on payroll, social insurance, contracts, statements and income tax deductions for individuals (I.R.P.F), and other managements in the working and social field and personnel administration.
EXTERNAL CONSULTANCY OF STAFF:
Professional and permanent advice in direct coordination with the Company Board or the Human Resources management, assuming roles of consultant or external staff official, by means of the arrangement of regular meetings, witnessing, as well as action planning and execution. These are services such as legal advising and consulting, with the aim of providing comprehensive support to the Personnel Management department and implementation of strategic plans for the work force.
We offer a thorough analysis of all work processes, including the control of its legal or conventional adequacy, together with the submission of a final report covering all the events, evaluations and recommendations leading the company to a better and more proper management of their work force, as well as the implementation and development of all necessary changes.
ARPA Lawyers Consultants through its broad experience develops a work of advice and assistance in working processes and human resources of great importance in the management of people and in the development of enterprises, so as to properly complete them with the best guarantees and safeguards for its clients. In order to do so, it is essential to have a thorough and profound knowledge of the rules and regulations which govern such issues, as well as an extensive experience in negotiating, planning and process development. Thus, on behalf of their clients, ARPA Lawyers Consultants is involved with the related procedures of the following seven areas:
I.- The Workforce Recruitment:
- The employment contract: Its creation, development and termination.
- Pay Policy: Salary systems, compensation and benefits, incentives and performance.
- Functional and geographical mobility. Substantial changes to working conditions.
- Job classification and promotion.
- Working time, shifts, holidays, licenses and permits; suspension of the employment contract.
- Disciplinary proceedings: failures and penalties.
II.- Collective Negotiation and Representation Rights:
- Negotiation of collective agreements, covenants out of the statutes, workplace or corporate agreements.
- Daily relationships with the legal representative of the employees and in circumstances of labour disputes.
- Election of a union: Its process and impact.
- Relationships with Trade Unions.
III.- The Disciplinary Dismissal and Dismissal for a Cause, and Regulatory Processes of Employment.
- Disciplinary dismissal: Its causes, consequences and execution.
- Dismissal for a reason: economic, technical, organizational and production reasons.
- Regulatory Record of Employment:
- The case of extinction.
- The case of suspension or reduction of the labour relations.
- The process, its consequences, the collective negotiation, its alternatives, its practice.
IV.- Senior Management Personnel. Other special labour relations.
- Special senior management contract: Its particularly strict elaboration/drafting.
- Wages, golden parachute, non-competition agreements.
- The framework within Social Security and the statutory provisions on double taxation.
- The termination of the contract of a person in a senior management position: Withdrawal, dismissal, legal and practical proceedings.
- Professional athletes, home service, artists, trade mediators, lawyers.
V.- Occupational Risk Prevention.
- Adequacy to the law.
- The preventive resources: Delegates, safety and health committee, owned and jointly-owned services.
- Outsourcing processes: Outsourcing in the construction; prevention coordination.
VI.- Social Security and Prevention Systems.
- Grants and subsidies.
- Social Security Schemes: The matter of framework and the various situations in the company.
- Common contingencies, labour accidents and occupational illness.
- The benefits scheme of the Social Security: Advice in the case of disability, retirement, unemployment.
- Advice and representation regarding violations and penalties.
- Advice on welfare instruments, pension plans.
- Design and implementation of strategies for outsourcing contracts and subcontracts: Corporate responsibility in these processes, delimitation and recommendations.
- Leasing of services: Their delimitation and adaptation, delimitation with the working limits.
- Processes of company ownership change: Succession of enterprises, arrangements, mergers, acquisitions and other forms of acquisition and corporate interrelationship.