The necessary intervention of the Lawyer in the Labour Process

Lawyers in labour proceedings
Published on: 23 July 2014

Although it is absolutely advisable and from a practical point of view necessary, from a strictly legal point of view the assistance of a lawyer, representation by a solicitor or technical representation by a registered social worker in labour proceedings is optional for the worker, except in those procedural steps in which the law makes it compulsory, as in the case of appeals, which are as follows:

  1. In appeals for judicial review, representation is mandatory, and the litigant may choose between being defended by a lawyer or being technically represented by a chartered social worker.
  2. In appeals in cassation and in proceedings before the Supreme Court, legal representation by a lawyer remains mandatory.

When professional assistance is optional, any of the litigants may use it and pay the fees themselves, with the exceptions set out in the regulations on free legal aid.

The litigant who wishes to appear in court assisted by a lawyer, or represented by a solicitor or technically represented by a registered social worker must inform the court in order to ensure the principle of equality of arms between the parties:

a) If he is the plaintiff: at the time of filing the claim. The mere warning in the claim is sufficient for the other party to arrange for his defence, and there is no defence if he waives it.
b) If the defendant: within 2 days following the summons for the trial, provided that the plaintiff acts without legal assistance. In this case, the judge informs the plaintiff so that he/she is aware of this circumstance and can request a court-appointed lawyer or appoint one privately, as well as being represented by a solicitor or a registered social worker.

Failure to comply with these requirements means that the party waives his or her right to avail himself or herself of a lawyer, solicitor or registered social worker at the trial. Nullity of the proceedings due to lack of communication. Although this legal consequence is only activated when the appropriate protest has been made in the act of the trial.

Also in any other procedural action, other than the oral trial, if one of the parties announces its intention to be assisted by a professional, it is up to the court clerk to adopt the appropriate measures for procedural equality between the parties.

The parties or their lawyers with sufficient power to do so may appoint a procurator.

A lawyer in less than 24 hours.
Lawyers - 24h A lawyer in less than 24 hours. We defend your interests
"Anywhere in Spain"

With our online appointment system you will have immediate advice without the need for face-to-face visits or travel.

One of our lawyers specialized in your area of interest will contact you to formalize an appointment and make your consultation by video call.

Available platforms

Add new comment

Do you need a lawyer in Madrid, we call you back

Fill in the form and we will call you as soon as possible.

* Required fields