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Elena Esparza

Partner

CMS Albiñana & Suárez de Lezo
Paseo de Recoletos 7–9
28004 Madrid
Spain

Elena Esparza is a Partner of the Employment and Pensions department at CMS Albiñana & Suárez de Lezo. She is an expert in advising on dispute resolution in the labour and judicial review jurisdictions, as well as on corporate restructuring (collective dismissals, transfers, etc.). She also advises on the employment implications of international mergers and sale and purchase transactions, as well as employment and Social Security inspections. Moreover, she specialises in employment auditing and general advice to entities and private clients.

She is a member of the CMS French Desk in Spain.

In 2020, Elena’s team was recognised as law firm of the year in restructuring and reorganisations by Iberian Lawyer.

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Relevant experience

  • Elena has advised sector-leading companies on a wide variety of matters, including Paul Hartmann on the employment-related aspects of acquiring a business unit from Procter & Gamble, Egis Group on the shutdown of its Spain-based operations and a mass redundancy procedure, and Grupo Compass on disputes heard before the Labour Courts.
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Education

  • 1998 - Master's Degree in Corporate Legal Practice, Instituto de Empresa, Madrid (Spain).
  • 1997 - Master's Degree in International Corporate Law, University of Hull (England).
  • 1996 - Graduate of Law, Universidad Autónoma de Madrid (Spain).
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Publications

  • Elena has published a wide variety of articles and texts for specialist and generalist publications and press, both in Spain and abroad, in his field of expertise.
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01 October 2020
Q&A on the new reg­u­la­tion on re­mote work­ing
The health crisis triggered by COV­ID-19 has ac­cel­er­ated the already-ex­ist­ing trend of fa­cil­it­at­ing and im­ple­ment­ing re­mote work­ing policies in Spain. However, the “forced” re­mote work­ing as a res­ult...
30 September 2020
Prór­roga de me­di­das labor­ales ex­traordin­ari­as por el COV­ID-19
Desde la en­trada en vig­or del Real De­creto-ley 8/2020 el 18 de mar­zo de 2020, son nu­mero­sas las me­di­das ex­traordin­ari­as que se han ad­optado por el Gobi­erno en ma­ter­ia labor­al. Tras la fi­nal­iza­ción del...
18 March 2020
COV­ID-19 | Guide on the ex­traordin­ary em­ploy­ment-re­lated meas­ures (Roy­al...
Our em­ploy­ment law spe­cial­ists provide an in-depth ana­lys­is of the em­ploy­ment meas­ures in­cluded in Span­ish Roy­al De­cree 8/2020 in­tro­du­cing ur­gent ex­traordin­ary meas­ures to ad­dress the eco­nom­ic and so­cial...
13 March 2020
COV­ID-19 | Em­ploy­ment & So­cial Se­cur­ity as­pects in Spain
In light of the COV­ID-19 out­break in Spain, our ex­pert team has pro­duced a de­tailed guide on all as­pects ran­ging from gov­ern­ment meas­ures to gen­er­al re­com­mend­a­tions and pro­to­cols for em­ploy­ers. 
19 January 2020
CMS ad­vises Banco Sabadell on EUR 1 bil­lion agree­ment with IBM
CMS has ad­vised Banco Sabadell’s tech­no­logy sub­si­di­ary on a EUR 1 bil­lion agree­ment with IBM to trans­form its in­fra­struc­ture and delve fur­ther in­to di­git­al­isa­tion and the use of big data.  The ser­vice...
27 May 2019
Em­ploy­ment And Pen­sions Alert | April-May 2019
Case law up­dates “De Diego Por­ras” case reaches its con­clu­sion: no en­ti­tle­ment to com­pens­a­tion upon ter­min­a­tion of a re­lief con­tract Com­pan­ies are not li­able for ac­ci­dents when an em­ploy­ee breaches...
10 May 2019
Daily re­cord­ing of work­ing hours | May 2019
Our team of em­ploy­ment ex­perts has pre­pared a list of ques­tions and an­swers re­lat­ing to the re­cently passed Roy­al De­cree-law 8/2019 of 8 March on ur­gent so­cial pro­tec­tion meas­ures and the fight against...
03 February 2019
Em­ploy­ment and Pen­sions | News­let­ter | Feb­ru­ary 2019
Case law up­dates Le­git­im­acy of a dis­missal on dis­cip­lin­ary grounds for us­ing banned pro­grams on com­pany com­puters At­tend­ance bo­nuses must be in­cluded un­der hol­i­day pay Trans­fer of un­der­tak­ings dur­ing...
21 November 2018
César Nav­arro and Elena Es­par­za on an em­ploy­ee's dis­cip­lin­ary dis­missal...
Court rules that em­ploy­ee's dis­cip­lin­ary dis­missal for tak­ing paid an­nu­al leave jus­ti­fied. The Nav­arre High Court re­cently held that an em­ploy­er had been jus­ti­fied in dis­miss­ing an em­ploy­ee for tak­ing...
12 June 2018
Em­ploy­ment And Pen­sions | News­let­ter | June 2018
Case law up­dates The CJEU has cla­ri­fied its view on the Diego Por­ras case: European law must be in­ter­preted as not pre­clud­ing na­tion­al le­gis­la­tion which does not provide for any com­pens­a­tion on ex­piry...
30 April 2018
CMS Guide to La­bour Law in Cent­ral East­ern Europe
CMS Em­ploy­ment Prac­tice Area Group is de­lighted to present the new edi­tion of the guide cov­er­ing main as­pects of the la­bour law in four­teen jur­is­dic­tions in the Cent­ral East­ern Europe (CEE).The CEE has...
25 February 2018
Em­ploy­ment And Pen­sions | News­let­ter | Feb­ru­ary 2018
Case law up­dates Vi­ol­a­tion of the right to pri­vacy for ob­tain­ing im­ages from a hid­den cam­era Ex­ist­ence of in­dir­ect dis­crim­in­a­tion in ob­ject­ive dis­missals due to ab­sences A dis­missal is de­clared null...