Employment e-report 2017 Employment | Page 2

Special focus: Employment Making waves Employment lawyers are benefitting from a rise in M&A transactions in Iberia as well as a rise in litigation – meanwhile, the start-up sector and the ‘gig economy’ are also generating opportunities The improving economic climate in Iberia has led to an increase in instructions for employment lawyers – a significant rise in M&A activity in particular, has led to a wealth of work related to incentive schemes and management contracts, for example. Meanwhile, employment-related litigation is also widespread with an abundance of disputes related to the collective dismissals and changes to employment conditions associated with corporate restructuring. In addition, employment lawyers also highlight the significant number of instructions generated by the start-up sector as well as the ‘gig economy’. At the same time, clients will require legal advice associated with issues such as human trafficking and workplace harassment. In Spain, economy minister Luis de Guindos’ prediction that “the unemployment rate this year will clearly fall below 17 per cent” proved correct. In a country per cent in the second quarter. Meanwhile, in Portugal, the third quarter saw the unemployment rate fall to 8.5 per cent, which is lower than the Eurozone average. Pilar Menor, country managing partner at DLA Piper in Spain, says the increase in work for the country’s employment lawyers has correlated with the improving economic conditions – for example, companies that had previously been reluctant to make decisions about recruitment during the severe economic crisis are now displaying more confidence. According to Jordi Puigbó, partner at Cuatrecasas in Spain, a more buoyant job market is good news for lawyers. “Employment lawyers thrive when The line between employment itself does,” he explains. professional and private Lawyers highlight life is being blurred by the uptick in M&A flexibility at work and transactions as a significant driver of telecommuting. employment-related Mario Barros instructions in the last Uría Menéndez 12 months. Indeed, there was somewhat of a resurgence in M&A in Iberia in the first half of 2017 – for example, still notorious for its high rates of Mergermarket data shows that by unemployment, the percentage of the middle of June this year, the people out of work in Spain clocked total value of Spanish M&A deals in at 16.38 per cent in the third had almost equaled the total for quarter of 2017, down from 17.22 “ 52 • IBERIAN LAWYER • November / December 2017 ” the whole of 2016 (there had been 135 deals worth a total of €46.7 billion, slightly less than the €48 billion of deals announced by the end of 2016). Mario Barros, partner at Uría Menéndez in Spain, says: “Employment work related to M&A transactions – including due diligence, management contracts and incentive schemes, for example – has also increased.” Araoz & Rueda associate Clara Mañoso says M&A transactions are generating “many opportunities” for employment lawyers. She adds: “Clients needs have changed since the financial crisis – they are investing in imaginative ways to create, attract and retain talent (such as benefit/ incentive plans, for example), as well as focusing on maintaining stable workforces to build a team of workers who are committed and prepared to continue working hard.” Collective dismissals Aside from M&A-related matters, employment litigation is another major source of work for law firms. Barros claims that, while restructuring work (including collective dismissals and changes to employment conditions) is in decline, such matters are giving rise to significant amounts of litigation. While there is fierce competition www.iberianlawyer.com