David Martínez Saldaña

David Martínez is a coordinator associate in the Madrid office of Uría Menendez. He has been a member of the labour practice area since joining the firm in 2008.

Since qualifying in 2002 (Universitat Pompeu Fabra – Barcelona), David has been focused on labour law, first in the Spanish-German law firm Voelker and Partner (Barcelona, September 2012- June 2005), later in Deloitte Abogados (Barcelona and Madrid, June 2005 – October 2008) and, since October 2008, in Uría Menéndez.

David specialises in labour litigation, collective consultation on workday suspension and reduction (ERTES) as well as collective dismissals. One of his areas of expertise is the preventive and reactive advice on transfer of undertakings (TUPE), transfer by virtue of collective bargaining agreements, change of contractors, and reversion of services to city councils and public entities on which he has written and coordinated two reference monographies in the sector in 2016 and 2017.

He is currently completing his doctoral thesis on TUPE: The investigation line is focused in the evolution of the concept of undertaking considering the increasing relevance of intangible assets when it comes to qualify if such a transfer shall be considered a TUPE according to Directive 2001/23 CE.

David usually publishes papers related to labor law, including about the whistleblowing directive 1937/2019 in which he has coordinated a monography in 2021.

A list of publications (some of them available on line) can be found here.

CORPORATE EXPERIENCE

• Lawyer Coordinator Labor Department, Uría Menéndez (Madrid) 2008 – Present

• Labor Lawyer, Deloitte Abogados (Barcelona) 2005 – 2008

• Labor Lawyer, Voelker & Partner (Barcelona) 2002 – 2005

ACADEMIC EXPERIENCE

• Professor of the Master’s Degree in European Union Law dedicated to Immigration Law “Overview on work and residence permits”, Universidad Carlos III (Madrid), 2020 – Present

• Associate Professor of the subject “Labour Law I”, Instituto de Empresa (IE), 2018 – Present

• Participation as a speaker on “The protection of whistleblower and labor compliance”, General Council of the Judiciary (Madrid), 2018

• Professor in Incorpora Autoempleo Program, “Transfer of business as a gateway to entrepreneurial activity, new regulation on self-employed and other relevant issues in the field of entrepreneurship”, 2018

• Professor of Master class, “The subrogation of workers in remunicipalizations, budget limits and the indefinite non-fixed worker”, University Camilo José Cela (Madrid), 2018

• Professor, International University of La Rioja (UNIR), 2017 – 2018

• Professor of Master class, “The succession of company in the remunicipalizations and the indefinite non-fixed worker”, International University of La Rioja (UNIR), 2017

• Participation as a speaker on “The autonomous agreements of the dependency and their relationship with the state framework agreement”, Business Federation of the Dependency (Madrid), 2017

• Participation as a speaker on “Remunicipalization of services, company succession and non-permanent permanent workers”, FIDE, 2017

• Participation as a speaker on “I International Congress on Social Exclusion, Current situation from Comparative Law”, Universidad Rey Juan Carlos (Madrid), 2017

• Participation as speaker on “The state sectoral collective agreement of social intervention. Situation of the sector after the Judgment of the Social Chamber of the National Court of May 17, 2016” Spanish Association of Foundations (Madrid), 2016

• Participation as a speaker on “The new collective agreement of the sector of action and social intervention: problems posed and possible solutions” Spanish Association of Foundations (Madrid), 2015

• Participation in mock trials prject in the courtroom, Universidad Carlos III de Madrid, 2015.

• Teaching two sessions on labor law issues to Erasmus students (in English), Universidad Carlos III (Madrid), 2015

• Participation as a speaker of the Seminar on various issues of labor law, Fundación Laboral de la Construcción (Madrid), 2014

• Participation as a speaker on “Latest developments in the field of employment promotion”, State Public Employment Service (Madrid), 2014

• Punctual teaching of classes in the degree of Law (third year) on contracts, ETT, illegal assignment and succession of companies in the Master of Access to the Legal Profession on the appeal of suplicación, ICADE (Madrid), 2014

• Punctual teaching of 2 sessions on labor legal issues to Erasmus students (in English), Universidad Carlos III, 2014

• Teaching of 5 seminars of 8 hours duration on (i) labor contracting; (ii) suspension of the employment contract; (iii) termination of the employment contract; (iv) geographical and functional mobility; and (v) substantial modification of working conditions, Correos y Telégrafos (Madrid), 2010