Lawyers for senior executives
Do you want to protect your senior management contract or leave your company?
We can help you resolve your situation
Our team of labour lawyers specialising in senior management has been led since 1994 by Vicente García Elías, a member of the Madrid Bar Association with more than 30 years of experience in senior management contracts, compensation and benefits negotiation, advice on terminating employment contracts, managing the dismissal of senior managers and defending senior managers in court cases involving dismissal and claims.
Do you have to sign an exclusivity or non-competition agreement?
We know that with a senior management contract, questions may arise such as:
- Can I leave the company and claim unemployment benefit?
- How do I claim severance pay with a senior management contract
- How do I protect my senior management contract?
We manage all types of employment issues arising from senior management contracts.
We will advise you at all times to protect your rights as a manager.
We will negotiate the terms of your senior management contract with your company.
We will sue your company for dismissal of senior management or other disputes.
Why choose us as your expert executive lawyers?
Executives trust us with their employment matters for several reasons:
- We speak to you in clear language without legal jargon.
- You will know our fees from the outset.
- We are labour lawyers who have specialised in senior management contracts for over 30 years.
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Contact your labour lawyer in Madrid who specialises in senior management contracts
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Our team of labour lawyers specialising in senior management contracts
Specialist lawyers
Frequently asked questions about senior management contracts
Below, we answer some of the most common questions regarding executive contracts.
It is an employment contract that regulates the relationship between senior managers and the company where they work. It is subject to a special regime that has elements in common with standard employment contracts, but with specific features.
The first thing to bear in mind is that senior management contracts are governed by Royal Decree 1382/1985, as they are a special type of employment contract.
Senior management personnel are considered to be employees who exercise powers inherent to the legal ownership of the company and relating to its general objectives, with autonomy and full responsibility, which are only limited by the instructions of the entity's governing bodies.
The main characteristics of senior management employment contracts are established in the Royal Decree on senior management contracts and are as follows:
- Form. It must be formalised in writing in duplicate.
- Content. The contract must contain at least the following:
- The identification of the manager and the company.
- The purpose of the contract.
- The remuneration, specifying the various items, in cash or special.
- The duration of the contract.
- Other clauses.
- Probationary period. If the contract is for an indefinite period, the probationary period may not exceed 9 months.
- Duration. The duration shall be as agreed by the parties; if there is no written agreement, the contract is presumed to be indefinite.
- Working hours. The working day, working hours, public holidays, leave and holidays shall be as established in the contract.
- Clauses. Non-competition and permanence clauses may be included in the contract.
According to the Royal Decree on senior management contracts, you must give your company three months' notice, but your contract may stipulate a longer notice period (up to six months).
If you wish to leave the company due to a serious breach of contract by the employer, you are not required to give notice.
If you fail to give notice, the employer will be entitled to compensation at your expense.
The job title is not relevant. What matters in order to classify the position as senior management is to verify that it meets the characteristics established by the Royal Decree on senior management contracts:
- It has full powers.
- It is characterised by autonomy and responsibility.
- It is a position based on mutual trust.
- It follows the instructions of the company's management.
If you are dismissed, they must comply with the notice period mentioned above (3–6 months). You will be entitled to the compensation agreed in the senior management contract and, if nothing has been agreed, seven days' salary per year of service, up to a maximum of six months.
If the dismissal is declared unfair, the salary amounts provided for in the contract will apply, and if not, 20 days per year of service will be paid, up to a maximum of 12 monthly payments.
The amount of the fees depends on the complexity of the case and is calculated for each specific case.
A ‘professional engagement letter’ will always be drawn up, which will include the amounts, deadlines and payment methods that you must comply with.
Our fees are regulated by the Madrid Bar Association. We accept all forms of payment recognised by law and you can obtain financing depending on each case.
A lawyer specialising in senior management deals with various types of issues, such as:
- Dismissal of senior managers.
- Voluntary resignation of senior managers.
- Labour disputes with the company.
- Confidentiality, exclusivity and non-competition clauses in senior management. contracts.
- Pensions and retirement.
- Legal proceedings related to senior management contracts.
- Once you contact us, we will respond within 48 hours and arrange a meeting where you can explain your case.
- At the meeting, we will provide you with a solution and inform you of the professional fees for executive consulting. We will provide you with a labour lawyer specialising in senior management contracts to protect your rights.
- Once you accept the fees, we will begin all the procedures for your senior management contract case.
What is compensated termination of an employment contract?
Free forms for employment relationships in senior management contracts
Senior management employment contract
Claim for unfair dismissal
Links of interest relating to senior management contracts
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