LABOR

The labor team consists of professionals with multidisciplinary skills, who are dedicated exclusively to business-related causes.

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

The team handles the defense of companies in preparatory procedures, civil inquiries and inspection procedures held by the Public Ministry of Labor and by the Ministry of Labor 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.

In the advisory area, the team focuses on improving and correcting practices and internal policies, and 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 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 labor practices, including the adaptation of company routines for the eSocial, the financial management of labor 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 labor law and contracts, as well as assisting in transfers and dismissals of foreign employees.

Our professionals work seamlessly with the other legal areas, aiming to be in constant alignment with the human resource and financial departments of our clients, and to prevent and/or solve labor liabilities, generating aggregate value for companies, based on a careful cost-benefit analysis.

Among the main activities developed by the area, the following jobs stand out:


• A labor claim involving variable compensation, awards and moral harassment filed by a former sales director of a multinational corporation in the technology industry;
• A labor claim regarding the employment relationship with a commercial representative of the pulp and paper industry seeking differences in commissions and variable compensation;
• A labor claim involving a statutory director of a corporation seeking an employment relationship, the reversal of dismissal with cause and moral damages;
• A public civil action filed by the Public Ministry of Labor against the pulp and paper industry for not meeting the quota of people with disabilities;
• A public civil action filed by the Public Prosecutor’s Office of Rio Grande do Sul against a company in the automotive sector regarding health and safety in the workplace;
• A public civil action filed by the Public Prosecutor’s Office regarding the discriminatory dismissal of workers during the acquisition of a technology corporation by a foreign multinational;
• Class actions filed by a labor union in São Paulo against a company in the entertainment business regarding working hours and food;
• Assistance in collective bargaining negotiations to enable mass layoffs, profit sharing programs, workday compensation schemes and continuous shifts, among others, for companies with operations in various regions of the country and from a variety of sectors, such as technology, entertainment and pulp and paper;
• In-company training aimed at preventing labor liabilities, highlighting issues regarding moral harassment and union relations, and involving over fifteen hundred workers among leaders and subordinates;
• Review of labor routines for the implementation of the eSocial and preparation and review of human resources internal policies for a multinational technology company.