LABOR

With experience in judicial and administrative litigation, the area has the necessary structure to manage common labour claims and lawsuits of greater complexity and strategic importance across the country, such as cases filed by directors and agents/commercial representatives, public civil actions, class actions filed by trade unions, lawsuits seeking indemnification for occupational accidents or diseases.

The team handles the defence of companies in preparatory procedures, civil inquiries and inspection procedures held by the Public Ministry of Labour and by the Ministry of Labour and Social Welfare, regarding wide-ranging topics such as the allocation of positions for people with disabilities or for apprentices, moral harassment, outsourcing, collective layoffs and work hours.

Regarding consultancy, the team focuses on improving and correcting practices and internal policies, and on proposing creative solutions to align the interests and strategies of our clients with the requirements of Brazilian law. Our experience includes the management of relationships with trade unions and collective bargaining on a variety of matters, such as work shifts, workday compensation, profit sharing and collective layoffs.

The team also thoroughly reviews labour practices, including the adaptation of company routines for the eSocial; the financial management of labour liabilities; due diligences in merger and acquisition transactions; reviewing and drafting contracts, policies and codes of conduct; offering in-company training on issues related to labour law and contracts and assisting in transfers and dismissals of foreign employees.

“Joel Gallo is highly recommended alongside ‘experienced negotiator’ Paulo Roberto Souto.” (Legal 500)

 

Recent Representations

•  Representation of a non-profit pension fund in several labour lawsuits discussing responsibility for labour debts of an invested company.

Representation of an entertainment company with more than 3,000 employees in Brazil in three collective actions, involving a total amount of approximately BRL 27MM.

•  Advice to one of the main manufacturers of agricultural machines and equipment in Brazil in the implementation of a restructuring of labour debts, involving a total amount of approximately BRL 70MM related to more than 600 labour claims.

•  Representation of the leading Investment bank in Latin America in a labour claim filed by a former bank officer, involving a total amount of approximately BRL 52MM.

•  Representation of a real estate investment company, which entered into a commercial agreement involving three properties, in labour claims that were redirected to the company under the argument that the company and the other parties of the commercial agreement were part of an economic group.

•  Advice to a medical manufacturing laboratory, based in the US and with operations in more than 150 countries, in the implementation of an arbitration clause foreseen under the employment agreements, a new possibility according to the Brazilian labour reform.