Ignacio del Fraile on unfair dismissal compensation in Spain | El Economista

The GA_P team was formed by David Riopérez, Luis Pinedo and Víctor Villaverde, partner and associates of the Corporate practice, Mariana Díaz-Moro and Carla Fandiño, partner and associate of the Tax practice, respectively, Lourdes Escassi, counsel of the Labour practice, and Mercedes Corbal and Cristina Bonfanti, associates of the Intellectual Property practice.

The Gómez-Acebo & Pombo team was formed by Álvaro Mateo, Inés López, Carlota Mazzuchelli and Gemma Serra, partner and associates of the Corporate team.

Gómez-Acebo & Pombo's labour partner comments on the limits placed by judges on ‘extra’ compensation and the greater rigour required in the justifications.

In 2024 dismissal claims have skyrocketed, reaching the volume of the financial crisis, surprising in a context of economic growth.

A collective dismissal begins with a "communication in which the employer must detail all the reasons" that lead to this process, begins to explain Madalena Caldeira, coordinator of the labor law department at the Lisbon office of Gómez-Acebo & Pombo, in statements to Observador (which presents information in general terms without commenting on any specific case). If the company does not have a workers' committee, employees may, although it is not mandatory, form one within five working days that “will represent them in the subsequent phases of the dismissal.”

The GA_P team was formed by Álvaro Mateo, Andrés Castro and Marta del Toro from Corporate; Aitor Soloeta and Luis Cuesta from Tax; Isabela Crespo and Isabel Bandín from IP; Vanessa Fernández-Lledó and Paloma de Carlos from White Collar Crime and Internal Investigations and Diego Rizo from Employment.

Gómez-Acebo & Pombo discusses the growing Americanisation of labour relations in Spain, a phenomenon that has introduced greater complexity in the area of dismissals.

Lourdes Escassi, employment of counsel at Gómez Acebo & Pombo, explains: "The priority of the regional and provincial collective agreement over the state one generates concern by creating a double dilemma for companies.

The GA_P team advising on this transaction was made up of Mafalda Barreto and João Bento Cardoso, partner and associate of Corporate and M&A, Madalena Caldeira, counsel of Employment and Ana Paula Basílio, senior associate of Tax.