Abogados laborales por despidos y dimisiones - Santa Cruz de Tenerife (Santa Cruz de Tenerife), España - Cronoshare

Descripción

Dear lawyer,

I hope you are enjoying a good weekend. I am writing to because of a conflict i am aiming to resolve with 2 employees who were laid off because of economical reasons. They are now summoning me for a conciliation on 19 october at 10:00 in tenerife. I will describe the situation.

I started a company 4 years ago called syncvr medical. We make virtual reality software for hospitals, for example for the purpose of letting patients experience less pain and stress. See this example: https://www. Youtube. Com/shorts/zdm-8gakljs.

We are currently about 20-25 people in total. Half are sales people, half are software developers. We are a remote company, which means that our people do not work in the office, but from home. That is why we also hired software developers in tenerife, for example. Those were initially (june 2022 until april 2023) under payroll of the company 'remote. Com', which handles payroll for remote workers for companies. From 1 april they were under payroll on our spanish company (syncvr medical es sl), which exists solely to have these people on payroll (we don't do business in spain, without the high costs that remote. Com charges). Setting up the spanish company took longer than expected due to some issues of posting notary documents between netherlands and spain. The payroll company also made some mistakes in the payroll documents in the first months. This led to some dissatisfaction from the employees.

This year we had bad financial results, while our costs increased a lot. Because of that, we needed to lay off people to sustain the future of the company. On 30 august, we laid off 3 out of the 5 people from our spanish company. 2 of those (jefferson rosales and jesus mendoza) live in tenerife.

Before it, i asked for advice from a lawyer to handle the situation. We created a termination letter and a settlement agreement. For the severance payment: because of the fact that the employees had partially been on payroll on remote. Com while working for syncvr, we also included the months that they worked under remote. Com.

The two employees from tenerife signed the settlement agreement that they received on their final day. I assumed that all was done. However, i now received a claim from a lawyer that they together consulted.

I asked our earlier advisor for advice, and he sent me an email (copied below) in which he advises me to have a lawyer in tenerife to help out. Although i am in a difficult financial situation, i am sure that it's a good decision to get help from a good local lawyer. Could you be the one to help me out?

If so, could we call on monday or tuesday online to make a plan?

Best,

Floris van der breggen

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Message from legal advisor

- Jefferson alexander. Key notes:
He is asking for (a) a declaration of nullity of the dismissal, (b) improcendency or (c) monetary compensation. Does it imply that's correct under the law? No, it is just his petition or ask.
He is claiming money because of seniority, arguing he has more than what he has been paid for.
He is also saying he was not registered in the ss for one month
He has not been paid for the not enjoyed vacations on 2022 and 2023
The declaration of nullity is based on what i have asked you regarding the amount of people dismissed, i do not understand that petition to be honest, as it should be 10 people dismissed...
It could happen that it is not considered null, but that does not imply that monetary compensation is not deemed.
- Blas jesús mendoza. Key notes:
Asking for nullity because of the collective dismissal threshold possibility (they ask for some papers of ss to make sure about this -That's why i am saying i do not understand this argument, as they do not know if this qualifies as a collective dismissal...) and alternatively improcedency.
He is claiming money because of seniority, arguing he has more than what he has been paid for.
He is also saying he was not registered in the ss for one month.
He has not been paid for the not enjoyed vacations on 2022 and 2023.

Of course, i cannot pronounce myself regarding all the petitions related to ss, vacations, and due money as i do not have the information.
Current situation:
Spanish employment law procedures have two main steps: 1. Conciliation 2. Trial. You have been notified of a conciliation on the date that appears in the document, it is not mandatory but recommendable, if an agreement is reached everything is over, if not, there is a trial. Do you have to go to tenerife? It is not mandatory.
Then, what's my recommendation? As this will occur in tenerife, first thing on monday morning you will reach out to a lawyer there, as he will be representing you to avoid you going there. You will describe the situation to him, send all the documentation, he might need to contact the payroll company etc. Then, he will go to the conciliation, if it is not possible to reach an agreement, he will go to court on your behalf. This procedure should not be something lengthy but it is important that you reach out to a lawyer from there on monday morning because you will need to sign a power of attorney to be represented by him.

Also see all information about the case here: https://drive. Google. Com/drive/u/0/folders/1nwq4cgjhyr25ytdfuegq2wqvkgqixows

• Problema laboral a solucionar por el abogado(a)
Despidos y dimisiones


• Tipo de servicio que necesitas del abogado(a)
Representación


• ¿Cuándo necesitas empezar con el servicio?
En los próximos días

Preferencia para el servicio: Relación calidad/precio