In that matter, our clients are mainly entrepreneurs.
Expertise
Drafting employment agreement Termination proceedings Pension schemes Collective matters and social plans Mediation and dispute resolution Social security litigation (CCSS)
Credentials
Our law firm assisted a dismissed employee after the company’s activity transfer. He had been employed for over 10 years. The transferee had promoted him after the transfer as administrative manager. He was the only one to fulfill the conditions to assume and receive the official authorization to continue the company’s activity. Thanks to the law provisions protecting the employees after a transfer of activity, we tried to negotiate an agreement with the employer. In case of no agreement, a claim for damages corresponding to 24 months salary based on the collective bargaining agreement signed by the trade unions protects that category of employees after a transfer for a referral period. As long as no proceedings exist, the parties and, especially, the employer have an interest in finding a settlement agreement. If the employee files an application, as he is on the dole, the law requires him to file the application against the state as well, representing the national employment administration. If the dismissal were regarded as illegal/unfair, the employer may be ordered by the court to reimburse the unemployment benefit to the state for a period deemed necessary and sufficient for the employee to find a new job (time period which is depending on his experience, age, precedents…). We concluded that the dismissal was illegal/unfair as the alleged lack of competence, which had been invoked by the employer, should not serve as a legal basis to justify a dismissal in the following case, (if this could be proved) as the reorganization of the company provides this situation after the transfer.
Our law firm assisted an employee, who was dismissed by his employer after more than 20 years in the company. After negotiating our client’s litigious claims with the opposing party and with regard to the employee’s seniority, we advised our client to negotiate a settlement agreement with his employer in order to avoid a long lasting court procedure with an uncertain issue. We assisted our client in the negotiation and the conclusion of an agreement to definitively settle the dispute that has arisen between the two parties in respect to the termination of the employment agreement. The employer undertook to pay our client a total amount of EUR 626,000 as full discharge, as a fix settlement indemnity and in full and final settlement of claims and litigious points arising from the employment relationship and its termination.
