Labor Contract

Dismissal

Working conditions

Work accidents

About us

MONEDERO ABOGADOS is a law firm with nearly 30 years´ experience in the legal world. A member of the Bar Association of Madrid. A member of the Bar Association of Málaga. An expert in Labor Law, Social Security, court litigation and Public Liability. A Master in Tort Law from the International University of Andalucía (UNIA). A member of the Spanish Association of Lawyers specialized in Labor Law. A Member of the Association of Labor Auditors.

Damages which should not be endured

At present, and becoming progressively stronger, the victim is more protected. Once the damage has occurred, and applying the principle of public liability, we should proceed with full compensation. Basically, this is because the victim does not have the obligation to endure the damage and the originator is the one who must accept, from a financial perspective, to compensate the victim. For this purpose, the damage must be real and the claimant must always prove it and, in addition, confirm that is was caused by an action of omission which can be attributed to a specific individual, and that there is a causal relation between the action and the result.

Do you truly understand the labor law

It is precisely, in the event of causing damages, the reason we take out an insurance policy, which only serves to transfer to the insurance company the unknown cost which we would be obliged to pay as compensation to a third party. Although public liability insurance is of vital importance, and it is, in fact, compulsory for a number of activities, individuals are totally ignorant of the terms, limits and agreed terms (“agreed” is a manner of speech, as it refers to the adhesion contracts, although it is true that judges, in exchange, in the event of conflict with the insurance company, tend to protect the client more than the company that “imposed” the terms) in the Specific, Special and General Terms of the labor law.

Why hire us?

When a person with no legal training has to relate to the Court of Justice, he is confronted by a complex reality; the choice of a lawyer. This is not an easy choice as it constitutes the beginning of a contractual relationship in which the main purpose is “trust” which, in turn, means demanding special diligence, care, and expertise to allow the client to have the best defense and legal advice to guarantee that the decisions made are based on the best knowledge of the Law, Jurisprudence and procedural regulations. From this perspective, the Lawyer should ensure that the resources available to the client comply with the duty and obligation of professional diligence. For these reasons:

  • We advise in a responsible, clear and honest manner.
  • You will be informed of the specific task commended and of our fees.
  • We are an independent firm whose loyalty lies with our clients.
  • We defend our client´s interests as if they were our own.

Allow us to assist you

The case laws within the public liability field are extense and require concrete specialization in the subject. In our Practice, we will analyze your case with extreme care, dedication and professionalism and we will always defend your cause in a personalized manner, providing permanent advice, guiding you when making decisions, offering you a clear, comprehensive, direct, founded and independent opinion. We will hold meetings with the parties involved to solve any controversy in an amicable fashion, when possible, and, if not, we will provide our expertise at the Courts.

Professional Services
Labour law and Tort law

  • Labor contract
  • Labor relation vs self employment, “Fake autónomo”
  • Rights and obligations for employer and employee
  • Termination of a labour contract
  • Labor dismissal, Legal causes, Legal requirements
  • Work Concils
  • Labor Unions
  • Labor Inspection
  • Social Security Sistems
  • Legal Negligence
  • Medical Negligence
  • Damages in the Workplace
  • Damages to Honour, Privacy and Self Image
  • Company Negligence
  • Intellectual Labor Property
  • Damages caused by the Administrators of a Business Corporation

More information

  • Legal Negligence

    Similar to what is required from doctors, duty and an obligation of professional diligence is also expected from the legal profession. When individuals without legal training have to deal with issues related to the law or to confront the Courts, they are faced with a complex reality which is why, regardless of their knowledge or the accuracy of their approach, extreme diligence is required.

    • Lawyer´s and Barrister´s Negligence
    • Judge´s and Magistrate´s Negligence
    • Notary´s and Registrar´s Negligence
    • Malfunction of the Administration of Justice

    The most frequent enquiries are: Am I entitled to present a claim against the Lawyer for having presented a claim after the deadline? And an appeal? What if the Lawyer forgot to provide a vital document to defend the claim? What if the defense was rash? Am I entitled to claim for incorrect advice received from my Lawyer? Am I always entitled to claim when I lose a lawsuit? Am I entitled to present a claim against a Judge for making decisions which, according to the law, are unjustifiable as they do not adapt to the facts or the legal regulations? What happens when a Notary makes an error related to identification when preparing a power of attorney? What if a Registrar incurs responsibility for one of his employees? Am I entitled to present a claim for the malfunction of the Administration of Justice? Am I entitled to claim for the delay in the finalization of the procedure? And, what if, because of the passage of time, the sentence or legal resolution becomes ineffective? Is it possible to claim for an evident mistake in a legal decision or for having being sentenced to preventive prison and then proving that the incident which you were accused of did not even exist?.

    In the event of claiming for damages caused by Legal Negligence, especially, to guarantee the feasibility, it is necessary to act quickly and to take the correct measures. For that reason, we recommend that our clients follow some basic preparatory rules that, undoubtedly, should be guided and supervised by an expert in the field:

    • Collection of evidence.- Collect and keep as much evidence that will confirm the existence of the professional relationship, including proof of the commercial or contractual relationship from which the damage derived, such as, e mails, letters, invoices, receipts, files, information of the insurance details provided, identification details of the person/s responsible and of any witnesses, etc.
    • Communication of the damage.- Inform clearly of the damages to the responsible parties in written form with an acknowledgement of receipt, and, if possible, register the incident in the corresponding complaints book.
    • Permanent Advice.- You should always seek advice from a lawyer who will guide and supervise the procedure. Our experience has shown us that if this is not done, many of the claims made by clients end up being detrimental or insufficient, frustrating any possible legal claim in the future.

    Do not give up, your claim may be entitled to compensation. Seek advice from our Practice, we are specialized in public liability and we will analyze your case and defend your cause providing you with constant advice, offering you a founded opinion, holding meetings with the parties involved in order to solve any controversy in an amicable fashion, and, if not, providing our experience at Court.

  • Damages to Honor, Privacy and Self Image

    The Spanish Constitution encompasses Honor, Personal, Family and Self Image Rights. The infringement of these rights will result in compensation for the damages incurred. The most frequent enquiries are: Do insults violate my right of Honor? If an individual reveals circumstances of my private life or of my family, am I entitled to claim for infringement of my Privacy rights? Always and in every case? Even in the event of the information being true? Can the Community of Owners place surveillance cameras in the streets of the urbanization? Does the installation of cameras infringe privacy rights? Even if they have been approved by the Community of Owners? How far can freedom of information and communication be taken? What are the Rights of Rectification when false information about my person has been published?

    In the event of claiming for damages caused to Honor, Privacy and Self Image, especially, to guarantee the feasibility, it is necessary to act quickly and to take the correct measures. For that reason, we recommend that our clients follow some basic, preparatory rules that, undoubtedly, should be guided and supervised by an expert in the field:

    • Collection of evidence.- Collect and keep as much evidence that will confirm the existence of the illegal action, the professional relationship, including proof of the commercial or contractual relationship from which the damage derived, such as, news papers, e mails, letters, files, photographs and videos, information of the insurance details provided, identification details of the person/s responsible and of any witnesses, etc.
    • Communication of the damage.- Inform clearly of the damages to the responsible parties in written form with an acknowledgement of receipt, and, if possible, register the incident in the corresponding complaints book.
    • Permanent Advice.- You should always seek advice from a lawyer who will guide and supervise the procedure. Our experience has shown us that if this is not done, many of the claims made by clients end up being detrimental or insufficient, frustrating any possible legal claim in the future.

    Do not give up, your claim may be entitled to compensation. Seek advice from our Practice, we are specialized in public liability and we will analyze your case and defend your cause providing you with constant advice, offering you a founded opinion, holding meetings with the parties involved in order to solve any controversy in an amicable fashion, and, if not, providing our experience at Court.

  • Damages in the workplace

    The time we dedicate each day to our work takes up the majority of our time, and, therefore it is logical to think that a large number of accidents happen when we are working, as an employee or self-employed. In addition, we must add the fact that the injuries or illnesses produced in the workplace are more complex and are the reason for a high number of claims at the Courts and Welfare Courts. We do not only assist people who have been injured, we also assist those who have lost a family member in an accident.

    We refer to claims in relation to:

    • Temporary disability
    • Wrongful medical discharge
    • Disability of any degree: partial, total, absolute and severe disability
    • Inspections of the degree of disability recognized by the National Health Service
    • Determining contingencies: common or work related illnesses or work-related accidents
    • Refund of medical expenses when using private health services
    • Claims for widow´s pensions
    • Work accidents
    • Surcharge due to the lack of safety measures on behalf of the business owner
    • Work related illness

    In the event of claiming for damages caused by an accident and, especially, to guarantee the feasibility, it is necessary to act quickly and to take the correct measures. For that reason, we recommend that our clients follow some basic, preparatory rules that, undoubtedly, should be guided and supervised by an expert in the field:

    • Collection of evidence.- Collect and keep as much evidence that will confirm the existence of an accident, including proof of your passing by or remaining at the place where the accident took place. Proof of the commercial or contractual relationship from which the accident derived, such as, invoices, tickets or receipts, photographs and videos of the area where the accident happened, information of the insurance details provided, identification details of the person/s responsible and of any witnesses to the accident, medical reports, etc.
    • Communication of the accident.- Inform clearly of the accident and damages to the responsible parties in written form with an acknowledgement of receipt, and, if possible, register the incident in the corresponding complaints book.
    • Permanent Advice.- You should always seek advice from a lawyer who will guide and supervise the procedure. Our experience has shown us that if this is not done, many of the claims made by clients end up being detrimental or insufficient, frustrating any possible legal claim in the future.

    Do not give up, your claim may be entitled to compensation. Seek advice from our Practice, we are specialized in public liability and we will analyze your case and defend your cause providing you with constant advice, offering you a founded opinion, holding meetings with the parties involved in order to solve any controversy in an amicable fashion, and, if not, providing our experience at Court.

  • Intellectual Property Damages

    The criteria to determine the infringement of Intellectual Property rights is not easy to establish and it has been an issue which has raised many questions over the past years. In fact, the questions regarding this issue are interminable. Can I download music on Internet? Can I make copies of my CDs and give them as gifts or sell them? Can I put the television on in my establishment which is open to the public so that they can watch a match? And the radio? What about a film? And if I have taped the images? Do I need to pay for the copyright? How much should I pay and what criteria should apply?

  • Damages caused by the Administrators of a Business Corporation

    The corporation is a contract whereby two or more persons are committed to jointly putting in money or assets to open a business in order to obtain a profit which is shared among all the partners. Once the constitutive formalities have been established, every business corporation acquires legal status, different to and independent of the partners who have formed the corporation. The legal status provides individuality to the corporation whereby a commercial name, a nationality and an address are assigned, in addition to providing the capacity and autonomy to act and contract in its own name with third parties. As a general rule, the corporation covers the corporate debt.

    These issues of separation between the corporation and its partners, on occasion have made the legal status an attractive and useful instrument to commit fraud and to abuse the rights of third parties, as in specific cases, the partners who have constituted the corporation use the legal status to hide their identity, their estate and even their own responsibility abusing the legal status.

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