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Labor relations and workers’ rights are regulated in our legal system from the Constitution itself. The first article already says the following: “Spain is constituted as a social and democratic State of Law”.
The term “social” means that the constitutionalist wanted to include in the Magna Carta the “non-neutrality” of the State before social issues and imposes on it the task of developing a social function.
Later, article 35 of the Spanish Constitution recognizes in point 1 that “all Spaniards have the duty to work and the right to work.” Then, it indicates in point 2 that “the law will regulate a statute of the workers”.
Therefore, the Constitution instructs the legislator to develop the legislative rights of workers in the form of law. It will be called Workers’ Statutes.
The figure of the labor lawyer
There are different situations in the labor jurisdiction where a lawyer is not necessary. Therefore, on many occasions, we have encountered workers who come without a specialist to claim their rights.
Lack of knowledge in labor matters can cause a lack of protection of the worker. From the first moment that you suffer a labor problem, such as a dismissal or non-payment of wages, it is highly recommended that you put yourself in the hands of a labor lawyer.
The figure of the labor lawyer will allow you not to commit the most common mistakes when facing a labor issue. Labor procedures have formal and material requirements that are almost always unknown. If these formalities are not met, you lose your right to claim.
From the first moment that you suffer a labor problem, such as a dismissal or non-payment of wages, it is highly recommended that you put yourself in the hands of a labor lawyer.
There are different ways to grant representation to a labor lawyer:
• Through a power apud acta. This allows you to be absent and the labor lawyer represents you. This power must be done before a court clerk.
• Granting a general power of attorney for litigation. This has to be granted before a notary. The general power of attorney allows the worker to be absent from the trial.
If you go to the hearing, you do not grant representation to anyone. It would be you who represented yourself. The lawyer only technically defends the worker.
Functions of the labor lawyer
The labor lawyer’s main mission is to accompany, advise and defend technically a worker in litigation that may have with your company or former company.
In particular, the functions performed to meet this objective are the following:
• Advice on labor law, both individual and collective.
• It can help you in matters related to Social Security: disability, retirement, pensions …
• Represent you in legal proceedings in labor matters.
• Advise you on everything related to employment contracts.
• Employment Regulation Files (ERES).
• Negotiation of collective agreements.
• Layoffs and penalties. It is important that in these situations you contact a labor lawyer who can help you understand if the dismissal or sanction has taken place in the correct terms and your rights have not been violated.
• Cases of bullying and mobbing.
• Work accidents.
• You do not have to advance money. The advice and management by a labor lawyer in reclamador.es is done without having to advance one euro. Since we charge a percentage of what was obtained once the process ends and only if the claim is won.
• You do not have to move from home to make your claim. The procedures are carried out online. Through a form you provide us with the necessary documentation and tell us what happened to you. From there, we will inform you of all the news of the process. You only have to go to the competent social court if the conflict is not solved in the act of conciliation or SMAC.