Since 1976, Julian María has been a lawyer on leave of absence at the Ministry of Health and Consumer Affairs. He joined the Labour Department of J & A GARRIGES, where he remained until May 1982 when he began taking part in the incorporation of several Law Firms, as Director of the Labour Law Department, before creating his own firm, CRESPO HERNANDO, ABOGACÍA, S.L. in 2012.
He has extensive experience in all areas of Labour and Social Security Law as well as in the material and procedural regulations of Civil, Administrative, Commercial, Criminal and Family Law related to the former.
Over the years he has applied his professional experience in various economic sectors of national and multinational private companies, particularly those operating in the following industries: food, self-drive vehicle rental, automotive trade and industry; trade in general; construction, banking, passenger transport, fuel and goods in general, hospitality, frozen foods, timber processing, iron and steel industry, dairy products, pharmaceuticals, IT, construction engineering, mining, insurance, miscellaneous services and waste treatment.
Furthermore, since 1984 his professional activity has been, and continues to be linked to the public sector, specifically to the public civil and military shipbuilding industry, where he has intervened on multiple occasions in all types of affairs related to labour and social security law for most companies in the sector, as well as others closely related to it.
For several of his customers he has issued numerous reports and opinions supporting decisions made in HR Departments in the areas of labour and social security law; he has developed framework standards to be included in works and services lease contracts (subcontracting) to avoid the illegal assignment of workers; drafted ordinary and senior management employment contracts with specific clauses for each case; drafted basic criteria for insuring against acts of terrorism affecting company executives (kidnapping and other acts); and drafted employment contract termination letters, for different legal causes, adapted to suit the specific situations of each case. He has developed HR programs aimed at optimising available staff resources through the introduction of flexible working days and hours, and has drafted the corresponding contractual clauses in the employment contracts; he has created innovative target-based remuneration systems applicable to all salary levels, some of which have been incorporated into different applicable collective bargaining agreements.
In terms of collective employment relationships, he has drafted numerous company agreements, and company and sector collective bargaining agreements. He has participated in negotiations up until publication in the corresponding Official Bulletin of agreements such as one regulating the transition of the work activity of former stockbrokers to the first Collective Bargaining Agreement for Brokerage Companies and Agencies; he participated in the collective termination of employment contracts, including the formal preparation of ERE’s (employment regulation files), which he implemented and negotiated in both private companies and the public sector, such as the ERE for the public naval sector in 1984, followed by others similar to the first; he also participated in the drafting and development of informal EREs affecting numerous private companies, and managed work teams to execute them by carrying out multiple individual negotiations; he has participated in the negotiated or judicial resolution of collective disputes and strikes.
In the field of Social Security he has personally led, or managed teams to lead several contentious-administrative proceedings, affecting thousands of workers, related to the challenge of Labour Inspectorate Settlement Acts due to discrepancies in the interpretation of the type of contribution to be applied when insuring against accidents in the workplace and occupational diseases.
In terms of his professional activity in proceedings, he has appeared before numerous extra-judicial reconciliation bodies for labour-related matters of any kind, in Social Courts in practically all of the Spanish provinces, both on the mainland and islands, in the Social Chamber of the National Court and in Civil and Criminal Courts in relation to practically all procedures provided for in the different labour procedural laws in force over the years. He has appeared at Social Courts for both preliminary proceedings and all stages of appeals to different Courts of Justice and appeals to the High Court; ordinary cassation and cassation appeals for the unification of case law before the Social Chambers of the Supreme Court; actions for constitutional relief before the Constitutional Tribunal and the European Court of Human Rights.
In recent years he has defended many individual and collective claims in court related to the application of internal company regulations on Supplementary Pension Plans for Retirement, Widowhood and Orphanhood and their outsourcing by taking out insurance policies; individual and collective claims for the illegal assignment of workers; and claims related to civil liability, contingency changes and Social Security payment surcharges, as well as defending the interests of clients whose businesses are related to the use of asbestos in production processes, with a high percentage of success.
Due to the novelty of the jurisprudential criteria that were applied, emphasis should be placed on the ruling of the 4th Social Chamber of the Supreme Court, of 19 September 2018, establishing the joint and several liability of the principal company, with an activity different to that of its contractors, for the 50% surcharge of benefits related to an accident in the workplace that occurred following a failure to observe even the most basic safety measures, finally resulting in the death of the employee.
The ruling was the culmination of Julián Maria’s scrupulous design of the procedural strategy for defending the rights of the injured party by taking action for his incapacitation in civil jurisdiction; appearance and private prosecution in the criminal jurisdiction; monitoring the administrative process in the National Institute of Social Security to ensure that the injured party was classified as having a major disability; filing of civil liability proceedings for damages in the social jurisdiction against all of the companies involved, both for the injured party (the interested party while he was alive, represented by his guardian) and after his death (widow, children, mother and siblings); monitoring of the fiscal details of the matter and negotiation with the tax agency; monitoring in all instances of the claim for a 50% surcharge on all of the payments (major disability, widowhood and orphanhood) and negotiation of the final compensation, of over one million euros, in the social jurisdiction with the companies involved and insurance companies, and in the criminal jurisdiction, negotiations with the Public Prosecutor’s Office on the penalty to be imposed on the sole administrator of the companies involved in the accident, with a request that there be a conviction as sought by the prosecution.
The main rulings are available at the SC (Social Chamber, Section 1), ruling number 842/2018, of 18 September. RJ 2018\457 and TSJ Castile & Leon, Valladolid (Social Chamber, Section 1), ruling of 3 October 2016.JUR 2016\234054 and have represented the beginning of a new criterion surrounding the joint and several liability of principal companies in terms of social security payment surcharges for subcontracting works and services unrelated to the company’s main activity. In the opinion of Julián María, this extends to joint and several civil liability.
The specific page for the services offered on this matter can be found on the website www.ars-imp.com, which can be accessed through Google by searching for ars-imp.