Legal decisions in the workplace: what you need to know to lead with confidence

Legal decisions in the workplace are part of everyday life for those who lead people. From poorly structured outsourcing to unfair dismissal or delayed handling of a case of workplace harassment, every step has important legal implications.

In this article from VASALTO, we give you the keys to acting knowledgeably in sensitive work situations and protecting both your team and your organization.

🤝 Outsourcing vs. direct hiring: a choice with legal implications

In many organizations, work collaboration models are diversifying. But it is key to understand the legal implications of each model.

What does outsourcing mean?

It consists of delegating a specific function or task to another company, without there being a direct employment relationship between the worker and your organization. This is useful for one-off projects or specialized tasks.

🔍 However, when subcontracted personnel act under the direction and organization of your company, you may be guilty of illegal transfer of workers, a serious offense with legal and economic consequences.

What about direct hiring?

This involves establishing a full employment relationship between the company and the employee. Although it involves more administrative work, it also allows for greater control over talent development and internal culture.

✅ In summary: It is not just a question of what is best for your operations, but what the law allows depending on the type of activity and supervision.

📌 You may be interested in: Differences between illegal transfer and legal subcontracting.

🔥 Dismissals: common mistakes and how to avoid them

Dismissal processes can be part of normal team management. However, poor execution leads to conflicts and possible penalties.

Types of dismissal:

• Objective: for organizational or economic reasons. Requires justification, advance notice, and compensation.
• Disciplinary: for serious misconduct. Requires clear evidence and documentation.
• Collective: when it affects a large number of people. Involves negotiation.

Common mistakes:

❌ Informing verbally without providing a written letter.

❌ Not adequately documenting the reason for dismissal.

❌ Inconsistency between the employee’s record and the alleged cause.

❌ Skipping key steps such as advance notice or calculating severance pay.

📌 Even if you don’t lead the legal department, if you are responsible for people, your role is key to detecting potential conflicts and managing the process with respect and precision.

🚨 Workplace harassment: prevention and responsible action

Harassment is not always obvious. Sometimes it is disguised as constant comments, humiliating tasks, or silent isolation. But when allowed to continue, it deeply damages the team and the organizational culture.

How can you identify it?

• Emotional or behavioral changes in an employee.
• Persistent conflicts with no apparent cause.
• Informal complaints that reveal power imbalances or intimidation.

⚠️ While HR has specific protocols, as a people leader, you have a responsibility to act at the first sign, record it, and refer it appropriately.

🎯 Legal employment decisions: how to better prepare

The role of a team manager is no longer just technical. It is also ethical, legal, and organizational. Some key best practices:

• Consult with HR if you have any contractual or legal questions.
• Know the basics of different types of contracts and dismissal.
• Learn how to document complex work situations with facts and dates.
• Be proactive in detecting risks such as harassment or illegal transfer.
• Contribute to creating safe, respectful, and fair work environments.

🎧 Interested in learning more about these topics?

In the VASALTO | ¡Esto es la Guerra! podcast, we discuss these and other day-to-day challenges in team management: legislation, organizational culture, ethical leadership, new ways of working, and much more.

📍 Listen to us on Spotify or YouTube and join a community that leads through knowledge and responsibility.