Labor Law

The labor area, with a business focus, has strong performance in preventive, advisory, and judicial or administrative litigation, always conducting activities in a manner integrated with other areas, aiming at a multidisciplinary performance to apply the legal solution in a strategic, effective, and personalized way. It has a team specialized in the strategic management of labor liabilities already materialized, as well as for identification and mitigation of risks, in the preventive advisory area.

We have great expertise advising companies in the most diverse segments, especially metallurgy, transportation, food and services, in addition to solid experience in conducting cases of companies in Judicial Reorganization, either in effective performance of the portfolio or consulting companies and firms.

Judicial and Administrative Litigation

In the litigation area, we act in a personalized manner, seeking the best strategy for the defense of the rights and interests of our clients, in all spheres and levels of appeal:

Defense of clients’ rights and interests in all levels of appeal and spheres, filing lawsuits or presenting individual defenses and appeals.
Representation in class actions and public civil actions.
Representation in administrative proceedings.
Assessment of liabilities by means of reports with specific data and case statistics.
Management of liabilities over time according to the company’s cash flow.
Support from specialized accountants in the preparation of labor calculations.

In this context, our main achievements are:

Management and reduction of liabilities through the establishment of a settlement policy, with structuring of installment payment rules, negotiation, and management of settlements with lawyers and clients.
Renegotiation of 100% of the settlements entered into during the pandemic with a reduction in the amounts of the installments and increments of additional installments to maintain the economic balance of the negotiation.
Management of liabilities in the time of companies in judicial reorganization, ensuring due process of law and payment of executions under the terms of the judicial reorganization plan.
Filing of class actions for ratification of settlements, aiming at payment of severance under the terms of the judicial reorganization plan.
Representation in a public civil action with the execution of a settlement and reduction of liabilities by approximately R$ 10 million.
Negotiation of a settlement in a public civil action with the institution of an adaptation plan, according to the reality and needs of the company, as well as reduction of collective compensation by more than R$ 500 thousand.

Advisory and Preventive Services

In the advisory area, we provide guidance on any issues related to Labor Law – whether individual or collective -, always aiming to seek the best solution for the client, regardless of the market rule, acting as a true partner in the business in the following ways:

General consultations on any issues related to Labor Law – individual or collective.
Preparation of opinions on labor matters.
Advice on collective bargaining.
Preparation of reports for management and the executive board.
Advice on drafting employment contracts, collective bargaining agreements, internal policies, and contract reviews from a labor perspective.
Labor audit for mapping of already materialized liabilities.
Support consultancy for mergers and acquisitions processes, new site installations.
Conduct of lectures and workshops on labor law topics.

In this context, our main achievements are:

Support to the judicial reorganization team, with negotiations with labor creditors, aiming at a majority of votes for the approval of the judicial reorganization plan.
Support to the judicial reorganization team in the negotiation of IPUs (Isolated Production Units), within judicial reorganization proceedings, accommodating labor issues, whether in the conduct of liabilities already materialized in lawsuits or mitigation of potential risks.
Labor union negotiation for business closure and layoffs.
Labor union negotiation for the preparation of a collective bargaining agreement aiming at temporary suspension of activities and maintenance of productive activity.
Reduction of judgment in labor claims through training of representatives.
Creation of a Risk Committee during the pandemic, to assist our clients in real time, seeking legal solutions appropriate to each reality.

Due Diligence and Compliance

Procedure for analyzing documents and information relating to a company’s compliance with labor standards, assisting them in their quest for compliance, as part of a compliance project, in cases of judicial reorganization, acquisitions and mergers, investments, commercial partnerships, and other businesses.

Our aim is to provide an overview of the organization, as well as the need for improvements and/or adjustments for the creation of planning, definition of strategies, objectives and goals, in addition to security in mitigating risks susceptible to litigation and/or inspection, progressive reduction of liabilities, saving resources, management of liabilities over time, strengthening the brand, culture, and organizational climate of the company.

Our practice includes:

Creating a data room and providing a list of documents to be submitted.
Monitoring of the data room feed.
Weekly alignments to answer questions and check data room.
Analyzing the documents and requesting any additions and/or clarifications.
Preparing a report stating all the analyses, materialized or hidden liabilities, risks, non-conformities, and need for adjustments.
Meeting for presentation of the report and clarification of questions.

In this context, our main achievements are:

Identifying hidden liabilities prior to negotiation with potential buyer with possibility of adjustment without loss of value in the transaction.
Identifying the need to create legal strategies for continuity of business activity through negotiations to reduce working hours and wages, as well as the use of all legal means to reduce payroll and charges.