Practice area
Labor advisory
Personnel management in accordance with the law, with prevention before SUNAFIL and the courts.
This service is for you if
You received an inspection order from SUNAFIL and you have only a few days to respond.
You are going to terminate an employee and want to do it without ending up in a lawsuit.
A former employee has sued you and you need to file a response.
You have staff working under independent contractor receipts and suspect that an employment relationship could be established.
You are about to hire staff for the first time, or foreign staff, and do not know which type of contract to use.
Our labor advisory goes beyond the hiring of personnel, whether local or foreign. We provide full support from hiring, compensation and employee severance settlements through to dispute resolution and strict compliance with MTPE regulations.
What it includes
- Labor rights and obligations: working hours, overtime, rest periods, vacation, and equality and non-discrimination policies
- Compensation and benefits: calculation and payment of salaries, bonuses, statutory bonuses (gratificaciones), CTS and pensions
- Employment contracting, special regimes, and hiring of foreign personnel
- Occupational health and safety: implementation of measures and management of workplace risks (Ley 29783)
- Collective labor relations: collective bargaining, union rights, and strike procedures
- Administrative proceedings: representation before the MTPE and defense in SUNAFIL inspections
- Defense in labor lawsuits under the Nueva Ley Procesal del Trabajo
- Training for employers and employees, with constant updates on the regulations
Does your case fall within this area?
Write to us with the details of your case and the deadline you face. The first conversation is free of charge and serves to determine whether we can help you.
Fees
Subject to case evaluation
Concrete deliverables, not promises
- Contracts, addenda, and agreements drafted to fit the position and the applicable regime
- Statement of employment benefits, with a breakdown of each item
- Briefs and responses filed before SUNAFIL or the Judiciary
- Internal work rules and internal policies, when the size of the company requires them
What we need from you to get started
- Current employment contracts and payroll for the periods involved
- Pay slips of the employee or employees involved
- The inspection report or the claim, if a proceeding is already underway
- Documentation of the facts: memoranda, letters, emails, attendance records
If you do not have everything, that is no reason not to write. Part of the first conversation is precisely to identify what is missing.
What clients usually ask us about this area
It may well be. If there is subordination, a set schedule, and fixed pay, an employment relationship exists even if the paperwork says otherwise, and the reclassification is declared with retroactive effect: social benefits, contributions, and a fine. It is worth reviewing before SUNAFIL reviews it.
It depends on the cause. A termination for just cause, duly documented, has a very different cost from an arbitrary dismissal, which gives rise to compensation. The difference is decided in the prior documentation, not in the dismissal letter.
Yes. The MYPE regime has its own rules on benefits and working hours, and applying the general regime out of unfamiliarity usually means overpaying for years.
Tell us about your case
The form goes directly to the team in charge of this practice area, with the subject matter already selected.
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