Special focus : Employment
Starting to blossom
Though some companies in Iberia are still having to make job cuts , employment lawyers in Spain and Portugal are increasingly handling matters concerned with improving the life of employees through measures such as flexible working
Unemployment has continued to rise in Spain this year , with an eleventh consecutive monthly increase in November 2016 in all sectors , except construction , with 17.8 per cent of the population out of work compared with a 10 per cent unemployment average across the European Union . In Portugal however , the rate is falling , down to 10.5 per cent in November . However , though there is increasing joblessness in Spain , lawyers in Iberia say some companies are recovering with the result that law firms and their clients are now facing new challenges regarding labour issues , though restructuring and cost-cutting measures persist .
“ The labour market is starting to show positive signs ,” according to Juan Calvente , counsel at Clifford Chance and head of the firm ’ s labour group in Spain . However , he adds that , in addition to seeking legal advice on upcoming changes to EU rules concerning indefinite and temporary work contracts , clients also want lawyers ’ input on plans to streamline and restructure , a trend that suggests there will be job losses . But Calvente says the quantity of work his law firm receives relating to layoffs has diminished , while work regarding contract negotiation and workforce expansion has increased .
Striking a balance Spanish lawyers are increasingly engaged in advising clients on how to meet the growing regulatory and compliance demands facing large corporations , in addition to providing guidance on the
relationship between such regulations and the management of controls and disciplinary procedures , Calvente says . Lawyers are also being instructed to help companies strike a balance between the implementation of measures providing workers with greater
“
The flexibility and the greater demands for control and compliance imposed by the courts and labour authorities . Another reason for companies wanting to reorganise and restructure is to become more efficient , says Calvente .
This streamlining , and more efficient management of human resources – including the drawing up of codes of ethics and collective contract negotiation – is a trend that has re-emerged over the last year , after ceasing to be a priority during the crisis , according to Sergio Ponce , a labour law partner at Uría Menéndez . He says that , as Spain recovers , the firm is engaged in fewer cases
labour market is starting to show positive signs . Juan Calvente Clifford Chance ”
concerning company restructuring , and that such cases are no longer simply linked to belt-tightening or downsizing or sell-offs , but have become an activity related
>> www . iberianlawyer . com November / December 2016 • IBERIAN LAWYER • 51