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 obtain accurate and up to date advice on the laws governing employment and workplace safety.
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.
Our employment law services include:
1. Relationships with employees
- Assistance in the negotiation and drafting of individual labor agreements, and related disputes
- Salaries, variable compensations, and bonuses (hiring bonuses, performance bonuses, etc.);
- Employment contracts for top management, including incentive and benefits packages;
- Workplace conditions, diseases, accidents, mobbing, and sexual harassment;
- Working shifts;
- Teleworking, distant work policy design;
- 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;
- Assistance with mutual termination agreements and retirement programs;
- Designing and implementing downsizing policies, and the winding up of operations
- Employment stock option agreements and other executive remuneration plans
- Intellectual property protection
2. Relationships with unions
- Assistance in the negotiation and drafting of collective bargaining agreements and company labor agreements;
- Management of strikes and other 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
Castro Sammartino & Pierini with your company, to be better, always.
From our Legal Blog
Hiring foreign workers in Argentina requires reviewing immigration laws in force. Immigration to Argentina is governed by the Migration Law No. 25,871 (Ley de Migraciones), its Regulatory Decree No. 616/2010, and supplementary dispositions enacted by the National Direction of Migrations (Dirección Nacional de Migraciones, or DNM) that is the agency in charge of enforcing migration laws.
Unions in Argentina bear a strong presence and a significant political influence. They enjoy constitutional protection through Section 14 bis of the Federal Constitution guaranteeing their entering into collective labor agreements, resourcing to conciliation and arbitration, and calling strikes. Argentine has ratified the International Labor Organization´s Convention No. 87 on Freedom of Association and Protection of the Right to Organize.
The transfer of business in Argentina, by any means, including the merger and acquisition of companies, cause that all labor obligations of the transferor will pass to the acquirer (Contract of Employment Law N° 20,744, Section 225).