This September we would like to introduce you to our partner at Legal-Laboral, Moisés Alvarez.
Moisés has an impeccable track record in the procedural practice of law, having practised for more than fifteen years without interruption in the Civil, Labour and Commercial Jurisdictions throughout Spain.
His experience in the various branches of law gives him a practical and generalist approach to complex legal conflicts.
how do you think the emergence of COVID-19 will affect labour relations in our environment and in the near future? Do you think this situation could last for a long time?
Most employers are living the current situation with a lot of uncertainty. There is a permanent tension to know the new legislation and to be able to act quickly accordingly, however, both the Government with its sudden turns and contradictions, and some Courts with their new Rulings, are increasing the feeling of legal uncertainty that exists today regarding the application of the various instruments and labour measures that should mitigate the effects of the pandemic (ERTE, dismissals, modification of measures, etc.). It is difficult to predict a peaceful future in the short term. The truth is that August has been a disaster in macroeconomic terms and the so-called “second wave” seems to be on its way, so fear and restraint are the general trend among most employers.
Everything points to the fact that a new crisis is coming: will we return to a scenario of labour crisis, company closures and redundancies?
It seems clear that collective redundancies will come sooner or later. There are currently certain limitations on redundancies imposed by the government, such as the permanence of employment after the application of an ERTE or the limitation on using causes originating in the pandemic to justify a redundancy. However, the immobilism sought by the public authorities is not usually a solution in business terms. The last 20 years have taught us that the companies (and people) that adapt the quickest are the ones that best overcome change, and it seems to me that the world is not going to stop changing..
how do you think you can help your clients at this time and how do you differ from other law firms?
We do not limit ourselves to thinking from a single point of view, or from a specific department. Whether it is because of the internal workings of the firm, or because of the background of most of the partners who make up AddVANTE, I believe that one of the features that define us is our global vision, which enables us to detect the client’s problems as our own, and to apply the best solutions to them. It does not matter whether that solution comes from the civil, commercial or labour department of the firm. Sometimes the most complex thing is to detect the root of a client’s problem in order to identify the right solution, and although many law firms tend to specialise all their professionals, this can lead to only treating one of the symptoms and not the disease.
so do lawyers in one area of law need to be knowledgeable in all areas of law?
Law is very broad and it is practically impossible to know everything. However, from my point of view, a partner in a law firm that has companies as recurring clients cannot limit himself to training only in his field of specialisation, but must have a basic knowledge of everything that surrounds the company and affects its operation. For example, any legal business or transaction that a labour or commercial lawyer may carry out will have a fiscal consequence and this has a direct impact on the company’s results.
Every day new problems and setbacks arise for companies that have implications in different areas of law, so before defining what solution should be applied to a problem, it will be necessary to have foreseen its consequences and, if necessary, to work together with the corresponding department (commercial, tax, financial, etc.) in order to facilitate the entrepreneur’s decision making.
With the current situation, it is likely that companies will have to make decisions quickly and, in many cases, without having absolute certainty about the legal repercussions that may arise, so it is advisable to have practical, fast and efficient advice nearby to help you make the best decisions.