Tirso Gracia, managing partner of Galibier Legal, regularly intervenes in mediation proceedings, acting both before the Courts and Tribunals of the social order, as well as before the Arbitral Tribunals and the Joint Commissions. Currently, he is the president of the Leather Goods Guild of Catalonia and a member of the Social Council of the Autonomous University of Barcelona. He was also the founder of the Autoocupació Foundation, and is currently its secretary. In the educational field, he has been a teacher, since 1995, of Labor Relations at the School of Senior Management and Administration (EADA) within the Master of HR Management and in the Executive MBA, and other programs. In addition, he is an expert legal and social disseminator of current affairs and frequent collaborator in television and radio debates. Galibier Legal is a Boutique of Labor Law and Talent Consulting, which was born with high specialization in its area of practice and international projection. Its objective is to implement legal practices and differential values in organizations, both from the legal point of view and from a consulting and training point of view in Human Resources.
Manuel de los Santos
The offer of law firms specialized in labor law is very wide in Spain. What is the Galibier Legal differential value?
Our firm stands out for several factors: proximity, experience, planning, identification and anticipation of the risks of legal-labor and union contingencies. We are proud that our firm offers, in addition to comprehensive advice on labor matters of the highest level, a unique creativity that I would almost call legal engineering when looking for the best strategies that fit and adapt to each of our clients. This is something that only a specialized and prestigious boutique like Galibier can offer.
The quality of Galibier Legal’s professionals has been recognized by the main specialized directories and international rankings. How do you achieve excellence in the legal sector?
With perseverance, humility, and a lot of desire to find solutions for customers. After all, the service sector is there to serve the client who is looking for in his firm to be involved, close and skilled collaborators, and feel that it is worth continuing to work with you. The quality of our services derives from the enormous experience of the firm’s partners in the negotiation of all types of individual and collective conflicts, and from our vocation for service.
In addition to offering a complete legal service, they are also committed to preventive advice. What does it consist of?
We believe it is one of the most important parts of any legal service. We are confident that excellence is achieved with a proactive attitude based on conflict prevention. For this, in the first place, the identification of the risks and occupational contingencies of a company is key. Once this is done, we can thus plan for the future based on the forecast of the development of these contingencies and of future labour and trade union relations.
We take as a reference our experience in these matters and act in accordance with the company’s strategic plan, as well as with its Human Resources Plan.
Galibier Legal is a specialist in international labour law. Are the differences between labor regulations between countries a problem for internationalization processes?
Undoubtedly, the difference in labor frameworks is substantial in different countries and international legislations. As we move away from our geographical environment and market economies similar to our own, the differences become more relevant. To be more effective in advising our clients, Galibier Legal is part of two international networks with a worldwide presence, which allows us to offer a service with quality guarantee to all clients who need this international labor advice. Similarly, these international networks and contacts allow international clients with labor interests in Spain to contact us for the good purpose of the services commissioned in the labor legal field. We put at the service of international clients a perfect knowledge of the new labor legislation, together with the mastery of several languages, thus equating the treatment they receive with that of local clients.
This 2022 has begun with a great activity at the legal level. The planned labour reform foresees various modifications that will directly affect the labour market. Which are the most relevant?
From Galibier Legal we have made dissemination of the most substantial changes of the new labor legislation. To this end, we have actively participated in informative events, including colloquia and conferences such as those given at the Círculo Ecuestre de Barcelona, or at Economist & Jurist. The most significant modification is the limitation of temporary contracting and the great legal commitment to discontinuous fixed contracting. The possibility of making temporary contracts for production circumstances only to occasional circumstances, curtails the temporality when the needs are repeated over time or are structural, having to resort to the discontinuous fixed contract. This last contractual modality will not be peaceful, since it has been in the labor market for a long time. Clearly it has not been a resource widely used by companies, because, precisely, it only adapts to certain very specific sectors. We can affirm, then, that temporality has been practically replaced by production circumstances by this type of discontinuous fixed contracting, without taking into account all the conflicts that this contract has created in relation to its little use.
Does the new labour reform cover the needs of the labour market?
The legislator has once again been removed from the socio-labor and economic reality. Recall that the labor reform of 2012 was an effective response to deal with the consequences of the economic crisis that began in 2008. Instead of adapting our labour legislation to business needs to promote their growth, at a time of post-pandemic crisis, the legislator has demonstrated an inability to cope with the reality that our labour market needs.
What points are the most contentious and how should they be addressed?
Actually, the reform of temporary hiring is going to be a very relevant change for many companies, which will have to learn to use a new legal framework for hiring. To do this, we recommend that they carry out a preventive audit capable of detecting which are the modalities that they can start using from March 31, and in this way, avoid an improper application of the new regulations, which can end in truly important sanctions, even reaching up to 10,000 euros per contract identified as made in fraud of law.