Key legal English employment law terminology when interviewing a candidate:
- pay and conditions: includes items like salary, flexible working, payments in kind (en especie), attendance bonus etc….
- Notice Period: usually 1-3 months if deciding to leave the company.
- Non-competition clause (restrictive covenants)-usually relevant for more senior roles, for example partner/senior associate or, in the case of PLCs (sociedades anonimas o cotizadas), directors/senior managers.
- Job title and job description: A «wide» (amplio) definition is adviseable to give the company some flexibility in case of an economic slowdown etc….
- Grievance procedure (hierarchy of dispute resolution)-eg….immediate boss, HR committee, partnership committee, conciliation and arbitration.
- Holiday entitlement (eg…25 days per year excluding Saturdays, Sundays and public holidays).
- Confidentiality clause (to include discretion in internet/social media/email communications) to prevent messages going viral. In the past this has negatively affected the repuatation of 2/3 law firms in the city of London.
- Indemnity for not waiving non-compete clause (waive=pasar por alto): This is compensation for enforcing the non-compete clause, as required by Spanish law.
- Dress code (including details of dress-down Friday-a practise adopted by some law firms in Madrid).
- Probationary period (periodo de prueba). In Spain this would be a maximum of 9 months for permanent contracts.
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