Labor & Employment

Services

Our Labor & Employment Practice seeks to serve as an ally to our clients in their operations in Mexico, fostering healthy workplace environments, ensuring compliance with labor and employment obligations and providing effective solutions to day-to-day labor matters.

We provide comprehensive labor and employment counsel, covering both individual and collective matters, with a preventive and dispute-resolution approach through the following services:

PreAcción Laboral RRS®

PreAcción Laboral RRS stands for planning, prevention and compliance, and includes the following services:

Labor structure planning. We advise and assist clients at the start of their operations or during corporate restructurings, helping them organize their workforce, including through advice and assistance on:

1. Analysis and feasibility of corporate structures and specialized services outsourcing schemes in accordance with the new legislation on such matter.
2. Labor and employment aspects of mergers, acquisitions or spin-offs.
3. Employer substitution and employee transfer matters.
4. Labor and employment aspects in insolvency proceedings.
5. Hiring structures, particularly for executives, foreign workers, expatriates, commission agents, among others.

Labor compliance. This involves assessing compliance status and taking the necessary actions to properly fulfill labor and employment obligations, through services such as:

1. Labor audits.
2. Preparation or updating of labor documents required under Mexican labor law, such as individual employment agreements, internal work regulations, internal policies or plans, joint commissions, documents required to evidence the payment or granting of benefits or rights, and documents addressing our clients’ operational needs.

Planning, documentation and execution of labor terminations. With full respect for workers’ dignity, we assist our clients in terminating employment relationships with their personnel while seeking to prevent future disputes.

Assistance during labor inspections conducted by the Federal or Local Labor Authorities. We assist our clients in ordinary and extraordinary inspection proceedings carried out by labor authorities, seeking to avoid the imposition of fines or other sanctions.

Training and continuous updating. We continuously monitor legal and judicial precedent developments in labor and employment matters that may affect our clients. We train their personnel on relevant legal changes and any other topic related to labor and employment law.

Internal investigations. We conduct investigations into ethics compliance, potential misconduct by employees and any other relevant matter within the company.

Ongoing and tailored advice on labor and employment matters. We are in constant, permanent and direct communication with our clients to respond immediately to their doubts or queries on any issue related to labor law.

Acción Laboral RRS®

Although our practice is primarily preventive, labor disputes may arise and require attention. In such cases, we analyze each claim brought against our clients and seek to protect their interests by providing, among others, the following services:

1. Assistance in conciliation hearings.
2. Representation in individual labor litigation, based on the following criteria:

a. Effective conciliation: We believe in conciliation and in resolving matters through negotiation, always within the parameters authorized by the company.

b. Expeditious proceedings: We believe in the efficient handling of matters and seek to use all available legal means to expedite them.

c. Permanent communication: We believe clients should remain continuously informed of the status of the litigation entrusted to us, through same-day hearing reports and monthly status reports.

d. Savings in expenses and travel costs: Our infrastructure and strategic alliances allow us to handle proceedings before any Conciliation and Arbitration Board or Labor Court in Mexico through our network of correspondents, without generating excessive or burdensome travel costs for our clients.

e. Technical effectiveness in defense: We remain up to date on judicial precedent criteria and legal developments in labor matters in order to develop the strongest defenses in litigation and protect our clients’ interests.

Collective Labor Law.

We understand Mexico’s new collective labor law framework and seek to apply it for the benefit of our clients. Fully respecting freedom of association, free negotiation and collective bargaining rights, and based on the principle of social dialogue, we offer, among others, the following services:

1. Negotiation of collective bargaining agreements.
2. Review of collective bargaining agreements.
3. Modification of working conditions.
4. Suspension or termination of collective employment relationships.
5. Assistance in all types of union disputes and strike notices.
6. Management of collective labor relations.