RCM Legal
RCM Legal

Labour & Immigration

Two complementary practices under one roof: employment law for businesses and individuals, and immigration — visas, residence permits and work authorisations — for the people and the talent that move them.

OUR SERVICES

EMPLOYMENT

01

Employment contracts

Drafting and review of standard and tailored employment agreements.

02

Dismissals

Objective, disciplinary and collective dismissals and settlement agreements.

03

Senior executive contracts

Special employment relationship, non-compete and change-of-control clauses.

04

Employment litigation

Defence before the labour courts and social jurisdiction.

IMMIGRATION

01

Residence and work authorisations

Initial authorisations, renewals and modifications.

02

Highly qualified professionals

Entrepreneurs Law, EU Blue Card and intra-corporate transfers.

03

Golden Visa

Residence by investment in property, capital or business projects.

04

Family reunification

Family entry to Spain under existing residence.

05

Long-term residence and nationality

Long-term residence cards and Spanish nationality.

FREQUENTLY ASKED

01
What is the difference between an ERE and an ERTE?
An ERE (Expediente de Regulación de Empleo) involves the permanent termination of contracts for economic, technical, organisational or production reasons. An ERTE (Expediente de Regulación Temporal de Empleo) is the temporary suspension of contracts or reduction of working hours, designed for transitory situations. Both require a consultation period with the workforce representatives and impose substantive and procedural requirements whose breach leads to nullity. The choice between the two is strategic and depends on the diagnosis of the underlying situation.
02
How does the Golden Visa work for non-EU investors in Spain?
The Investor Residence Visa — known as the Golden Visa — allows non-EU citizens to obtain residence in Spain through a qualifying investment: €500,000 in real estate (free of any charge for this amount), €1M in shares or bank deposits in Spanish entities, €2M in Spanish public debt, or a business project of general interest. It is granted initially for three years and is renewable for five-year periods, requires no minimum stay to be renewed, and is extended to spouse and dependants. It is the most flexible route for active international investors.
03
What are the consequences of an unfair dismissal finding?
A judicial finding of unfair dismissal gives the employer two options within five days: reinstatement of the employee — with payment of the salaries lost during the proceedings (salarios de tramitación) — or compensation of 33 days of salary per year of service, capped at 24 monthly payments (45 days per year, capped at 42 monthly payments, for service prior to 12 February 2012). The choice corresponds to the employer, except in the case of a worker representative, who chooses themselves. A well-drafted settlement agreement can reduce the exposure substantially before reaching the court.
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