Labor and Employment Law - garrigues.com · the affected groups. We offer labor law support for the...
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1 Labor and Employment Law
Transcript of Labor and Employment Law - garrigues.com · the affected groups. We offer labor law support for the...
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Labor and Employment
Law
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Garrigues is an international legal and tax services firm that provides business law advice in the main economic arenas of the global marketplace. Since its creation in 1941, the firm has been noted for its international outlook and innovative nature.
Our team is made up of two thousand people of twenty-three different nationalities who, under a single integrated management team and with the same quality standards, operate in thirteen countries across Europe, the Americas, Asia and Africa, through a well-established office and team structure.
All Garrigues professionals share the same hallmarks: empathy with the client, ongoing dedication to understanding client needs and strict compliance with ethical standards. These qualities, together with their broad experience, training and availability, make us one of the most prestigious and professional law firms in the industry.
Garrigues is one of the largest international law firms and is among the top law firms worldwide.
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AddedValueExperience and prestigeWe can boast 75 years at the forefront of the legal and tax services industry, playing an active role in legal and economic life.
Independence and ethical valuesOur work is governed by strict ethical principles and an in-house code of professional conduct that ensure the transparency and independence of our services.
Technical expertise and specializationThe ongoing training of our professionals is a strategic value. We have experts in more than 30 practice areas and industry groups, taking in everything from traditional fields of legal practice to the newest branches of law.
Flexibility and adaptationOur relations with clients are informed by trust and empathy. The aim is to offer a bespoke service, in keeping with the needs of each particular engagement.
Rapid response time and anticipationWe offer full availability and the capability to always be one step ahead. We are keenly aware that flexibility is of the essence.
Knowledge management and technological resourcesWe have a knowledge management system that enables us to share necessary know-how with clients as and when required.
Best transaction: sale of a 20% holding in Gas Natural to CVC
Expansion Legal Awards for Excellence in Business Law Practice 2019
Most innovative project: Garrigues WorkExpansion Legal Awards for Excellence
in Business Law Practice 2019
Tax Firm of the Year in Spain and PortugalInternational Tax Review 2019
‘Best strategy implementation’: Garrigues Innovation Think Tank
Managing Partners’ Forum Awards 2019
M&A Legal Adviser of the Year: SpainMergermarket European M&A Awards 2016 and 2018
Garrigues, named Best Company to Work ForActualidad Económica 2018
Best Tax Firm in Spain and Deal of the Year (Takeover bid by ACS and Atlantia) Expansion Legal Awards for Excellence
in Business Law Practice 2018
Continental Europe’s leading firm The European 100 – The Lawyer 2017 and 2018
Law Firm of the Year: Iberia The Lawyer European Awards 2016 and 2018
Client Service Award for SpainChambers Europe Awards 2017
European Law Firm of the Year The British Legal Awards 2017
INTERNATIONAL RECOGNITION
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An integralservicePractice areasGarrigues provides ongoing and specific advisory services on all areas of business law. For decades, our multidisciplinary expertise has delivered added value to our clients and has enabled us to participate in the most significant and complex deals in the market.
• Accounting Law
• Administrative Law
• Banking and Finance
• Corporate Law and Commercial Contracts
• Criminal Law
• E.U. & Antitrust
• Environmental
• Human Capital Services
• Intellectual Property
• Labor and Employment Law
• Litigation and Arbitration
• Mergers & Acquisitions
• Planning and Zoning
• Real Estate
• Restructuring and Insolvency
• Securities Markets
• Startups & Open innovation
• Tax
• Automotive
• Corporate Governance and Corporate Responsibility
• Energy
• Family Business
• Fashion Law
• Financial Institutions
• Insurance
• Life Sciences and Healthcare
• Private Equity
• Real Estate
• Smart Cities
• Sports & Entertainment
• Technology & Outsourcing
• Telecommunications & Media
• Tourism and Hotels
• Transport & Shipping
Industry groupsDue to the teamwork of specialists in different fields of law, we can offer our clients integral advice on the corporate/commercial, tax, labor and employment, civil, environmental or administrative/zoning law issues that may specifically impact a given industry or sector.
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Garrigues Labor and Employment DepartmentGarrigues is a benchmark and market leader in the fields of integral labor law advisory services, litigation practice, collective bargaining and restructuring processes.
In terms of its size, geographical reach and the importance of the matters it handles, the Labor and Employment Department is the leading labor law practice in Spain.
The Garrigues Labor and Employment Law Department boasts a wealth of experience in labor law practice. Our team of over 200 experts (including more than 30 partners) and our presence across the Firm’s network of offices in Spain and Portugal set us apart from other law firms.
Our goal is to provide strategic labor and HR advice to multinationals and domestic companies. We strive to guarantee a bespoke, face-to-face service, characterized by: technical expertise, a strategic and business-oriented approach, and rapid response time.
Recognition
Band I, Employment Chambers Europe, 2019
·Band I, Employment
Legal 500, 2018·
Garrigues: the firm with most listed leading lawyers (a total of 6) Who’s Who Legal, 2019
·Top listed National Award in Labour and Employment.
(a total of 33 listed lawyers) Best Lawyers International, 2019
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Areas of expertiseThe Garrigues Labor and Employment Law Department provides all services constituting integral labor law advice. This includes, on the one hand, recurring and ongoing advice on all aspects of labor relations: hiring, working conditions, geographic and functional mobility, misdemeanors and disciplinary measures, contractual termination, etc. This ongoing advice takes the form of a permanent channel of communication with our clients in order to discuss and resolve any doubts and queries they may have in relation to labor, employment and social security matters. We also offer regular updates on the latest legislative and court developments (legal newsletters, invitations to seminars, talks, working breakfasts, etc.).
Our professionals draft reports, memos and legal opinions on labor issues with a particular complexity or materiality in financial or business terms or which, due to the degree of expertise called for, require specific legal analysis.
We also deliver advice on special areas of expertise and on specific processes faced by our clients:
• Litigation
• Collective labor relations: collective bargaining, collective labor agreements, company agreements, etc
• Restructuring and collective layoffs
• Senior management
• Outsourcing and insourcing processes
• Mergers and acquisitions
• Labor audits
• Corporate welfare systems (pension plans and funds and group insurance)
• Remuneration and compensation systems
• Company policies and codes of ethics
• Labor union elections
• Occupational health and safety (occupational risk prevention)
• International assignment of workers
• Equal opportunity and diversity plans and policies
• Specific training for companies
• Queries and requests for rulings from the public authorities
• Legislative proposals on labor and social security matters
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Litigation practiceWe advise on all aspects of labor and social security-related disputes, whether individual or collective, in the labor or the judicial review jurisdiction, or in preliminary administrative proceedings:
• Case management and design of the legal and litigation strategy
• Negotiations with lawyers
• Drafting of legal documents (claims, requests for evidence, challenges, in and out-of-court settlements, case notes, etc.)
• Preparation of and attendance at trials and other procedural steps
• Appeals and formalities at the various instances until a final judgment is obtained (courts, high courts, National Appellate Court, Supreme Court, Constitutional Court)
• Providing assistance and appearing before the labor inspection authorities
• Defense in relation to labor, social security and occupational risk prevention infringement notices
• Pleadings and appeals filed with administrative, labor and judicial review bodies
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Collective labor relations: collective bargaining, collective labor agreements, company agreementsThe Garrigues Labor and Employment Law Department offers legal and strategic support in the management of collective labor relations.
We can participate at the negotiating table or offer external legal advice in industry and company-specific collective bargaining processes (collective labor agreements, pacts and agreements on specific issues). We also advise our clients on relations with labor unions and directly-elected workers’ representatives.
Restructuring and collective layoffsWe provide all-encompassing advice on processes for the adoption of collective labor measures, including contractual terminations (collective layoffs), geographical mobility, modification of working conditions and suspension of contracts or reduction of working hours.
We offer labor law support throughout the entire process, including preparation of all pertinent legal documentation, participation at the negotiating table, liaising with labor union representatives and acting as legal counsel in any dealings with the labor inspection authorities or with mediation bodies.
Senior managementGarrigues offers specialized legal advice on aspects related to senior management personnel, from the drafting of senior management contracts with special clauses (labor law regulation of compensation packages, including medium and long-term share-based incentives, exclusivity and post-contractual noncompete undertakings, confidentiality, and severance, among others) to the termination of such contracts, resolving any legal problems arising in such connection.
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Outsourcing and insourcing processesWe participate in business outsourcing and insourcing processes, providing legal and strategic support and collaborating in the following areas: design of the project from a labor law standpoint, identification of the related consequences and liability for employers and employees, negotiations with workers’ representatives, preparation of the necessary legal documents, and legal support for communication of measures to affected employees.
Mergers and acquisitionsCorporate restructuring process, such as mergers and acquisitions, generally require a specific labor law analysis.
The Garrigues Labor and Employment Law Department provides advice in standalone and multidisciplinary transactions, identifying the labor law consequences of the project, drafting communications to employees and representatives, defining the necessary documentation and deadlines, as well as the related administrative formalities.
These processes frequently generate a need to standardize and unify the working conditions of the affected groups. We offer labor law support for the systemization of the working conditions of employees affected by these measures, including participation in potential negotiation.
Labor auditsWe carry out labor audits in order to analyze compliance with labor, social security, and health and safety (occupational risk prevention) legislation at companies and business units, identifying the most significant contingencies in this area. Our findings are then set out in a due diligence report.
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Corporate welfare systems (pension plans and funds and group insurance)In this specific area, we provide advice on labor law aspects relating to the creation, application, modification and elimination of corporate welfare systems and pension commitments, either by formalizing pension plans and group or individual insurance policies or by using combined arrangements, with respect to both executives and employees in general.
In collaboration with our Human Capital Services Department, we can also advise on the related tax aspects, insurance legislation, etc.
Remuneration and compensation systemsThis area of expertise includes labor law advice and assistance with the implementation of remuneration, compensation and retention systems (stock options, stock awards, long-term incentives, etc.), in collaboration with the Human Capital Services Department.
Company policies and codes of ethicsWe assist in drafting employee codes of ethics and in the design of various generally applicable company policies, such as IT practices, travel policies, harassment protocols, etc.
Labor union election processesWe provide advice on labor union election processes at companies for the appointment of directly-elected workers’ representatives. We also offer our expertise in labor union representation, composition, functions and powers, representativeness, etc.
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International assignment of workersWe provide advice on the international assignment of executives and personnel (expatriate workers), drafting contracts and clauses and analyzing the labor-related implications, with particular emphasis on social security matters and the termination of cross-border labor relationships.
Equal opportunity and diversity plans and policies We advise on the design, preparation and implementation of equal opportunity and diversity plans and policies, as well as on effective measures for inclusion and non-discrimination in the workplace.
Specific training for companiesWe offer bespoke training for companies, adapted to our clients’ needs.
Queries and requests for rulings from the public authorities We submit queries and requests for rulings to the labor authorities on a host of labor and social security matters.
Legislative proposals on labor and social security law mattersWe regularly report on processes for the approval of labor and social security legislation and take part in proposed legislative reforms. We also prepare reports and studies on industry or company-specific labor law issues.
Health and safety at work (occupational risk prevention)The Garrigues Labor and Employment Law Department has a team of experts who advise on the labor law aspects of occupational health and safety and occupational risk prevention, including:
• Legal reviews of employer compliance with occupational risk prevention obligations
• Assistance and defense in proceedings brought by the labor and social security authorities
• Preparation of pleadings and appeals filed with the competent labor and court authorities
• Legal defense in accusations of administrative, civil and criminal liability in relation to occupational risk prevention
• Preparation of the legal aspects of prevention plans for the integration and distribution of risk prevention functions at the company
• Preparation of occupational risk prevention protocols in relation to the decentralization of production (contractors, subcontractors and temporary employment agencies)
• Review of contracts for project work or services, provision of services and supply, from an occupational risk prevention standpoint
• Advice on the creation of an In-House Risk Prevention Service
• Supervision of the External Risk Prevention Service
• Preparation of protocols to minimize the criminal and civil liability of Board members and company executives. In this area we can call on the support of our Criminal and Corporate/Commercial Law Departments
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Garriguesoffices
International offices
THE AMERICAS
BOGOTAT +57 1 326 69 99
LIMA T +51 1 399 2600
MEXICO CITYT +52 55 1102 3570
NEW YORK T +1 212 751 92 33
SANTIAGO DE CHILE T +56 2 29419000
SÃO PAULO T +55 11 4314 2700
AFRICA
CASABLANCA T +212 522 77 72 40
ASIA
BEIJING T +86 10 8572 0000
SHANGHAI T +86 2 152 281 122
EUROPE
BRUSSELS T + 32 2 545 37 00
LISBON T +351 21 382 12 00
LONDONT +44 207 796 1940
OPORTO T +351 22 615 88 60
WARSAW T +48 22 540 6100
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Offices in Spain
A CORUÑA T +34 981 12 46 30
ALICANTE T +34 96 598 22 01
BARCELONA T +34 93 253 37 00
BILBAO T +34 94 470 06 99
LAS PALMAS DE GRAN CANARIA
T +34 928 22 94 79 [email protected]
MADRID T +34 91 514 52 00
MALAGA T +34 95 207 55 25
MURCIA T +34 968 27 47 27
OVIEDO T +34 98 520 86 00
PALMAT +34 971 21 34 84
PAMPLONA T +34 948 17 59 37
SAN SEBASTIAN T +34 943 26 78 20
SANTA CRUZ DE TENERIFE
T +34 922 20 55 67 [email protected]
SEVILLE T +34 95 448 93 48
VALENCIA T +34 96 353 66 11
VALLADOLID T +34 983 36 14 75
VIGO T +34 986 81 55 25
ZARAGOZA T +34 976 46 89 46
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EN
Hermosilla, 328001 Madrid (Spain)T + 34 91 514 52 00F + 34 91 399 24 08
www.garrigues.com
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