Labor and Employment
We advise our Clients on all matters related to Labor Law, both individually and collectively. Our team advises numerous companies in the most diverse sectors of the economy, including Finance, Insurance, Oil, Agriculture, Livestock, Tobacco, Energy, Entertainment, Hygiene Products, Occupational Risk Insurance, and Services, among others.
Regarding individual Labor Law, we provide personalized advice to address the different issues that arise, from hiring to the termination of an employment relationship. Additionally, we perform audits (Due Diligences) to assess compliance with current labor regulations and the detection of labor contingencies, or to determine contingent values in M&A processes. In matters of collective labor law, we provide advice for the management and strategy in collective negotiations and conflicts.
The services provided in this area include the followings, among others:
- Analysis of the contractual modality relevant to each employment relationship.
- Development of personnel structures, salaries, sales forces, commission schemes, moonlighting systems, work regulations.
- Development of home office policies, remote work or teleworking, as well as flexible modalities in terms of working hours.
- Development and implementation of various benefits and compensation systems.
- Drafting of sanctions, dismissals, and / or any notification requested for the communication with the employee or to respond to intimations issued by the latter.
- Assistance in Business Crisis Preventive Procedures.
- Assistance in the negotiation of expenses, review of final settlements, preparation of agreements.
- Clients representation against collective conflicts. Bargaining, reconciliation with the parties and action againt the corresponding authorities.
- Bargaining of Collective Agreements (joint).
- Inspections of the Union in the Company.
- Debt determinations for union contributions.
- Claims for union framing.
In SECLOS and Litigation matters, the Firm represents its clients in the administrative and / or judicial stage of the labor claims filed against them, and has a broad expertise in handling labor issues of different natures, such as layoffs, wage differences, discrimination, harassment, relationship of dependency and contractor personnel claims, among others.
The Firm’s service in claims and litigation includes not only direct representation both in the City of Buenos Aires and in Gran Buenos Aires, but also the defense and coordination of legal strategies in the rest of the country with the participation of local lawyers. Likewise, the service includes the integration in the cases of solidarity claims with the commercial areas and the indemnity agreements that the client may have planned with its contractors.
In this sense, the services provided by the Firm include assistance in the following aspects:
- Negotiation with the plaintiffs and their representatives.
- Assistance, if applicable, to the mandatory labor conciliation (SECLO) prior to the filing of the lawsuit.
- Drafting of payment agreements.
- Establishment of the judicial strategy in case there is no extrajudicial agreement.
- Procedural defense that in each case is considered appropriated. Follow-up, control of the process, carrying out the judicial procedures to be carried out until the end of the file.
- Instrumentation and control of the judicial agreement in case it is reached.
- Information of the procedural state of the litigation and estimation of contingencies.
Contact
Juan Carlos Etchebehere
jce@nyc.com.ar
(54 11) 4872 1713
Pablo Venarotti
pvenarotti@nyc.com.ar
(54 11) 4872 1795