Labor and Social Security

Mitrani, Caballero & Ruiz Moreno regularly advises local and foreign clients on domestic, international and transnational employment and social security issues, ranging from day-to-day employment matters to those involved in complex cross-border M&A transactions.

Our lawyers have extensive experience handling employment and social security issues in several jurisdictions outside Argentina, including Bolivia, Brazil, Canada, Chile, China, Colombia, Ecuador, Guatemala, Indonesia, Italy, Japan, Korea, Malaysia, Mexico, Nigeria, Norway, Peru, Romania, Saudi Arabia, Uruguay, Venezuela, the United Kingdom and the United States.

Our Labor and Social Security practice encompasses a wide variety of services. 

Collective Bargaining

We provide advice on collective bargaining at both industry and company levels. In Argentina we regularly represent and advise employers and employers’ associations in several industry sectors in connection with their negotiations with, among others, the following unions in Argentina: the Metallurgical Workers Union, the Metal-Mechanical Supervisors Association, the Construction Workers Union, the Construction Employees Union, the Railway Workers Union, La Fraternidad Union, the Railways Management Personnel Association, the Natural Gas Workers Federation, the Gas Industry Senior Staff Association, the Córdoba Gas Workers Association, the State Gas Senior Staff Union, the Patagonia Austral Private Oil & Gas Senior and Professional Staff Union, the Neuquén and Río Negro Private Oil & Gas Senior and Professional Staff Union, the Private Oil & Gas Workers Federation, the Zárate Chemical & Petrochemical Workers Union, the United Petrochemical Workers Union, the Perfumers Workers Union, the Soap and Perfume Industry Supervisors and Surveillance Workers Union, the Plastic Industry Laborers and Employees Workers Union, the Meat Industry Supervisors, Technicians, Administrative and Surveillance Association, the Overseas Captains & Merchant Navy Officers Center and the United Maritime Workers Union.

Through our participation in these negotiations, we have managed to agree on significant modifications in working conditions, including the design of new job classification systems, wages structure and working schedules.

In addition, we have represented and/or advised our multinational clients during negotiations with several workers unions from a variety of countries, including Canada, Chile, Colombia, Nigeria, the United States and Venezuela.

Conflict Management

We provide management of, and assistance in the prevention of and response to individual, group of individuals and collective labor disputes, as well as direct actions such as: strikes, work stoppages, slowdowns, demonstrations, boycotts, picketing and any other industrial actions.

We regularly give advice on business restructuring, downsizings and workforce reductions. We have vast experience in assessing and implementing restructurings and minimizing labor-related costs and conflicts.

We also offer legal assistance in conflicts generated as a result of the questioning of the conventional and/or Trade Union framework for staff.

General Labor Advice

Our firm advises clients on the drafting, review and negotiation of offer letters and employment agreements concerning employment conditions and executive compensation and employee benefits. Our employment lawyers are expert in preparing and enforcing restrictive covenants, confidentiality, non-disclosure, non-compete and non-solicitation agreements, as well as work rules, benefit and pension plans and employee handbooks for application in multiple jurisdictions.

We also assist clients in the preparation and negotiation of severance packages, termination, early retirement and similar agreements, and are used to procuring the approval of such agreements by the applicable governmental authorities, thereby reducing the exposure to employee claims.

In addition, we provide advice on the preparation and implementation of pension, retirement and other benefit plans, and on outsourcing and subcontracting.

We frequently provide in-house training to management, supervisors and human resources personnel on employment and social security issues; and produce and distribute newsletters to update clients on material changes in labor, employment, social security and immigration issues.

International Assignment of Employees

We have substantive experience in cross-border and cross-cultural employment issues that regularly affect multinational companies, including labor, social security, immigration and tax matters usually involved in management expatriations or relocations.

Employment Advice on M&A transactions

We provide advice on industrial relations and employee issues arising from M&A transactions, including due diligence review of employment contracts and related practices and assistance with benefits and human resources issues related to the integration of newly-acquired businesses. 

Health and Safety

We counsel companies on health and safety issues, setting up and running Health and Safety Committees, including advice on the prevention of work-related accidents and diseases, legal compliance with labor environmental issues, and work procedures and assistance and support during inspections carried out by the competent authority and during summary proceedings for violations of the applicable rules and regulations on this matter.

Our advice is not limited to help client interpret the applicable health- and safety-related laws and regulations. It is also aimed at their practical implementation and seeks to raise their awareness of the financial consequences and their civil and criminal responsibilities in the event of negligence in this field.

Labor and Social Security Litigation

Our Labor and Social Security practice represents clients in hearings and other proceedings before government authorities in all kinds of labor and employment-related litigation, including: wrongful and constructive discharge claims; wage calculation, working hours and overtime disputes; work accident and industrial disease lawsuits; and other employment-related claims.

We also provide assistance during debt assessment procedures carried out by collection agencies (government, trade union, etc.), at the administrative as well as at the judicial level.

In addition, our employment lawyers have extensive experience in managing and supervising local counsel in courts throughout the country.