LABOR AND EMPLOYMENT LAW
Our team is focused on solving our client’s most complex labor issues. We outstand for our vision and understanding of our client’s business, a deep legal knowledge, and the commitment of our team in providing a comprehensive, creative and excellent service in labor matters. Our working experience with leading companies in important sectors such as fishing, port, telecommunications, financial, aeronautical, health services and industrial, support our work.
We specialize in strategic labor planning and consulting services, dispute resolution and collective bargaining. We handle litigation and labor inspections of high relevance and complexity in Lima and provinces, conduct internal investigations and audits, provide specialized advice and training on occupational health and safety issues, as well as in the prevention of sexual harassment at work.
Partners: María Haydée Zegarra, Omar Diaz.
Our Services
CONSELING
We advise our clients in compliance with all aspects of labor regulations, assisting them in the definition and execution of their labor hiring processes (direct and indirect), as well as in the various situations that arise upon the development of the labor relationship, guiding them in the structuring and elaboration of internal guidelines necessary for the organization of work, decision making processes related to employees’ performance and behavior, and naturally, with the imposition of disciplinary measures and execution of labor disengagement measures.
As part of this, we advise our clients in the solution of collective labor conflicts and in the definition of collective bargaining strategies, leading negotiation meetings with unions and providing our sponsorship in the arbitration processes that may arise.
We also offer advice on immigration and labor matters associated with the hiring of foreign employees.
LABOR LITIGATION
We are recognized for our consistent and proven effectiveness in the labor litigation cases that are entrusted to us. Our involvement and dedication in the understanding of each problem has allowed us to successfully handle challenging and complex labor cases in matters of dismissals (reinstatement and compensation for unfair termination); damages (arising from claims for arbitrary, fraudulent or null dismissals, as well as work accidents or occupational diseases); union conflicts (application of collective bargaining agreements); and, acts qualified as “hostile” (wage discrimination, geographic transfer of workplace, violation to employee’s dignity, among others).
AUDITS AND INTERNAL INVESTIGATIONS
We provide assistance in audits regarding regulatory compliance, especially, in occupational health and safety matters and in the development of labor efficiency plans.
We also lead and execute highly delicate internal investigations, either for non-compliance with internal regulations or upon acts of sexual harassment at workplace.
TRAININGS
We provide trainings on: prevention and sanctioning of sexual harassment (we train employees, team leaders and the Investigation Committee); positive discipline management for employee’s leaders; implementation and compliance with internal policies; as well occupational health and safety obligations.
ADMINISTRATIVE PROCEDURES
We provide advise on administrative procedures before governmental entities, such as:
SUNAFIL: Regarding labor inspections and/or administrative sanctioning procedures due to work accidents or incidents, compliance in the payment of social benefits and remunerations, independent services contractors and labor outsourcing, union conflicts, modifications of working hours or schedules, among others.
IMMIGRATION: Oriented to obtain and renew working visas and residence for employees and their families.
SUNAT: Regarding the review of tax obligations related to labor income.
We provide advise on administrative procedures before governmental entities, such as:
SUNAFIL: Regarding labor inspections and/or administrative sanctioning procedures due to work accidents or incidents, compliance in the payment of social benefits and remunerations, independent services contractors and labor outsourcing, union conflicts, modifications of working hours or schedules, among others.
IMMIGRATION: Oriented to obtain and renew working visas and residence for employees and their families.
SUNAT: Regarding the review of tax obligations related to labor income.
UNION RELATIONS AND COLLECTIVE BARGAINING
We provide a strategic approach to the prevention and containment of collective (union) conflicts.
We define efficient measures to solve claims promoted by union organizations, directly or in the framework of administrative complaints, optional arbitration processes or legal claims.
We proactively accompany our clients in the analysis and development of the negotiations for the solution of claims documents, whether in direct treatment, additional process, administrative conciliations and/or in labor arbitrations.
RELEVANT EXPERIENCE
We have accompanied our clients in the definition and execution of collective severance programs, leading the negotiation processes, elaboration of termination documents and, even, taking the defense strategy on legal proceedings resulting therefrom, with 100% effectiveness.
Important companies have entrusted us with the evaluation and salary planning of their organizations, instructing them in the definition of their remuneration policy and in the preparation of their respective category and function charts, in accordance with the obligations set forth by Law No. 30709 and its regulations.
We have assisted our clients in the strategic planning of complex collective bargaining processes, providing our sponsorship in the arbitration proceedings filed by union within the framework of such processes.
We have advised our clients in the evaluation and definition of actions to respond work-related accidents, in order to enable them to face eventual labor claims and/or inspection procedures resulting from such.
Precisely, recognizing the importance of having suitable elements to face compensation claims for damages originated from occupational diseases, we guide our clients in the review of their internal documentation, the evaluation of their compliance with occupational health and safety obligations, as well as in the medical determination of the existence of the conditions and/or pathologies linked to working positions.
Our clients have entrusted us the organization and implementation of delicate internal investigation procedures generated as a result of the filing of complaints on acts of sexual harassment in the workplace.
We have actively worked in the development of several training sessions on prevention of sexual harassment at work, reassuring the importance of educating employees in the understanding and dimensioning of the conducts involved in this problematic. Likewise, we have developed highly specialized sessions for the development of the investigation proceedings in charge of the Investigation Committee.
We are quickly fit into the projects developed by our transactional areas, getting involved in the identification of opportunities for improvement and in the appropriate solution of contingencies.
Our clients have required our advice and constant assistance regarding the delimitation and implementation of prevention measures and mitigation actions due to the COVID-19 pandemic. Within the framework of this problem, we were able to obtain the approval of all requests for unpaid leaves submitted by our clients before Peruvian labor authority.
We are recognized for our level of detail and depth of our analysis in the review of labor behaviors associated with the commission of severe misconducts, advising our clients in the decision-making process within sanctioning procedures.
Related Practices
Corporate
Administrative Litigation
Corporate Litigion