Your employees matter

Human resources are key for business success and, at the same time, likely to be one of its biggest expenses. These expenses can be drastically increased if a business fails to get accurate and up to date advice on the laws governing employment and workplace´s safety and conditions.

Labor laws are complex, numerous and fast-evolving, making it difficult for employers to always remain compliant. Castro Sammartino & Pierini  will work with you to prevent time-consuming and costly claims from employees, unions or government agencies.

We also will assist your business when serious action must be taken, such as disciplinary sanctions, terminations, and redundancies.

Although we are most than prepared to litigate, our primary approach is to prevent conflicts and negotiate amicable solutions.

Services in this area, among other issues, include:

1) Relationships with employees

• Background checks;
• Assistance in the negotiation and drafting of individual labor agreements across all industries, and related disputes;
• Salaries, variable compensations, and bonuses (hiring bonuses, performance bonuses, extraordinary bonuses, etc.);
• Employment contracts for top management, including incentive and benefits packages;
• Workplace conditions, diseases, accidents, mobbing, and sexual harassment. Labor discrimination;
• Working shifts;
• Teleworking;
• Work tools and Internet use policies.
• Adequacy of parent companies’ work contracts and compensation packages to conform to local regulations;
• Work rules drafting;
• Disciplinary regime;
• Preventive crisis procedures prior to suspensions or lay-offs;
• Assistance in the negotiation and drafting of independent contractor agreements;
• Surveillance of the independent contractors´ labor compliance to avoid claims from their employees;
• Confidentiality, non-compete, and non-solicitation covenants;
• Protection of employees’ personal data, data processing and transfer between related companies or to third parties;
• Layoffs;
• Assistance with mutual termination agreements and retirement programs;
• Design and implementation of  downsizing policies, and winding up of operations;
• Employment stock option agreements and other executive remuneration plans;
• Company´s intellectual property protection.

2) Relationships with unions

• Assistance in the negotiation and drafting of collective bargaining agreements and company labor agreements;
• Management of union-led actions.

3) Immigration and emigration of employees

• Registration with the Renure (Single National Registry for Companies Requesting Foreign Workers) and corporate immigration procedures for companies sponsoring foreign nationals for work visas and transitory or permanent residence status;
• Expatriate personnel.

4) Dispute resolution and litigation

• Assistance and representation in labor settlements before the SECLO or the corresponding agencies;
• Assistance and representation in litigation arising out of of labor matters.

5) Compliance audits (business health check)

• Performance of legal audits on the company´s human resources administration to solve or prevent labor problems.