Labor & Employment
SVMFA has a team with considerable experience in issues related to Labor and Employment Law, such as compliance investigations, large-scale work accidents, environmental incidents, collective bargaining and response to strike movements, strategic consulting and litigation, among others.
Regarding the consulting area, we offer legal advice to national and foreign companies operating in Brazil, in matters involving individual and collective rights, including support in merger and acquisition operations, review of variable compensation plans (profit sharing, commissions, stock options, withholding plans, as well as voluntary dismissal), expatriation and international transfer of employees, hiring and dismissal of senior executives, compliance investigations with the HR of companies to minimize labor liabilities.
We draft opinions and consultations (preventive and adequacy consultancy) both on traditional labor law issues and those focused on new technologies and innovations.
We are able to reach collective bargaining agreements with unions as well as to file collective dispute against the Union before the labor courts.
We work in highly complex litigation, defining strategies for judicial and administrative defenses, monitoring all procedural stages, including differentiated action with the Higher Courts and in the sponsorship of Public Civil Actions.
We represent our clients in negotiations of Terms of Adjustment of Conduct (TAC), defense in Preparatory Procedures, Public Civil Investigations and Public Civil Actions proposed by the Public Ministry of Labor (MPT) and union entities, among others. We advise on arbitration proceedings, including those involving the execution of confidentiality, non-request and non-compete clauses.
Our team has deep experience in advising our clients on Diversity & Inclusion compliance, with guidance on the implementation of D&I programs, elaboration and review of Policies, consultancy related to the subject, etc.
Our main goal is to seek creative solutions, aligned with the specificities and businesses of our clients, capable of bringing them legal certainty and reducing or minimizing risks and costs.
How we can help:
- Judicial and administrative litigation: assistance on collective and individual labor lawsuits, in all stages of the procedure, including oral arguments before the Superior Courts. Defense in labor administrative procedures such as Notice of Infractions, Preparatory Procedures, Public Civil Investigations and Class Actions filed by the Labor Prosecution Office and/or unions.
- Preparation of legal opinion on labor law traditional themes, as well as those related to occupational health and safety, new technologies, personal data protection standards, “Bring your own device” policies, work from home etc.
- Assistance in the management of corporate crisis involving employees (individually or collectively) such as large-scale work accidents, environmental incidents, strikes etc.
- Assistance in the draft of and the review of codes of ethics and internal policies, including related to D&I compliance.
- Analysis of stock option plans, profit sharing and results, as well as restrict stock units (RSUs).
- Support in merger and acquisition operations, both for the preparation of due diligence, as well as in the subsequent equalization of positions, salaries and harmonization of benefits. Advice in corporate reorganization procedures and transfer of employees between companies.
- Collective negotiation and related litigation (agreements, conventions and collective disputes).
- Assistance in arbitration proceedings, including the execution of confidentiality, non-solicitation and noncompetition clauses.