The Labor Group has broad experience of various kind of matters falling within this area. We can highlight experience in:
General queries flowing from the Labor Law: We provide clarification as regards to questions arising out of the interpretation and application of the Labor Law.
Labor Obligations: We provide advice and assistance with compliance of the main start-up and close-up labor-related obligations of an employer derived from an employment relationship, before its employees and relevant entities.
Disciplinary proceedings: We have provided advisory services, by conducting prior enquiries, and by preparing and instituting disciplinary proceedings, in particularly drafting notices of accusation, submitting disciplinary proceedings to trade unions, conducting such investigations as may result from disciplinary proceedings, holding employee and witness hearings, and drafting reports and proposals as regards the final decisions.
Employment Contracts: We provide advice as regards the drafting of employment contracts, and the form of employment contract which best suits each specific case – which may be a fixed-term contract for a specific or undetermined period, or a permanent contract, or other equivalent contractual form. We analyze draft employment contracts proposed or used by our clients, and issue opinions on the compliance of the contract with the Labor Law. The opinions contain inter alia our suggestions as to alterations, and comments, where applicable.
Internal regulations: We provide advice as regards the drafting and revision of internal regulations, codes of conduct, codes of employee benefits, the negotiation and conclusion of company agreements, and other matters relating to collective negotiations and to internal company policies.
Foreign employees: We provide advice as regards matters relating to the hiring of foreign employees, within and outside of prescribed quotas, in conjunction with the Immigration Practice Group, and the negotiation of quotas for investment projects.
Labor Audits: We conduct audits as regards labor matters, with the objective of alerting the client to any situation which needs to be corrected or risks that should be taken into consideration, in order for the company to be legally compliant, from an employment perspective, and to avoid any fines being imposed by the Labor Inspectorate. We also assist with the regularization or correction of any irregularities identified during the labor audit.
Resolution of collective disputes: We advise our clients as regards the resolution of collective labor disputes, namely, through participation in mediation, arbitration or conciliation, and at negotiation meetings with employees or union representatives, assisting in the resolution of strikes, and other matters relating to the resolution of collective disputes. We also assist our clients with negotiations with employees whether unionized or not and drafting of collective labor regulation instruments.
Labor Inspection: We assist our clients with their interactions with the General and Provincial Labor Inspectorates, namely, by issuing opinions, accompanying clients to meetings and by providing advice on the best way to react to a visit from an inspection brigade, or, in the case of the imposition of a fine by the labor inspectorate, we assist in the drafting of complaints and appeals against inspection reports.
Other matters: We have organized training sessions regarding various matters related to the Labor Law. We have also advised our clients as regards the termination of employment contracts and have assisted with the drafting of agreements of termination, or the calculation of compensation, when this is due. We have also provided assistance to our clients in negotiations with relevant entities, in the case of collective dismissals, or in the transfer of the company or establishment, as regards compliance with basic rules of hygiene and safety at work, as well as in respect of social security matters.