Coverage

Companies must maintain good relations with unions

Companies must maintain good relations with unions

29 September 2016

As companies feel the effects of contracting economies across Latin America, forming good relationships with unions is more important than ever, agreed lawyers speaking yesterday at Latin Lawyer’s 3rd annual labour and employment conference, held in Miami.

Labour laws could change as pink tide ebbs

Labour laws could change as pink tide ebbs

04 October 2016

Argentina and Brazil have both moved away from leftist governments, presenting adjustments to their employment laws, but Venezuela’s protectionist labour regulations show no sign of changing, heard delegates at Latin Lawyer’s 3rd annual labour and employment conference, held last week in Miami.

Mercosur and Pacific Alliance cut red tape for international employers

Mercosur and Pacific Alliance cut red tape for international employers

07 October 2016

International treaties are simplifying the way international businesses approach labour law in Latin America, improving employee mobility and enabling cross-border transfers of social security contributions, heard delegates at Latin Lawyer’s 3rd annual labour and employment conference.

Companies must promote social inclusion in LatAm, say panellists

Companies must promote social inclusion in LatAm, say panellists

14 October 2016

Businesses across Latin America are failing to appoint enough women, people with disabilities or LGBT employees to senior positions, but should be prepared to lead the way for social inclusion in the region, said panellists at Latin Lawyer’s 3rd annual labour and employment conference.

Chairs

Anthony Oncidi

Proskauer Rose, Los Angeles

Anthony J. Oncidi heads the firm’s Labor & Employment Department in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection.

Enrique Stile

Marval, O'Farrell & Mairal, Buenos Aires

Enrique M. Stile joined Marval, O’Farrell & Mairal in 1997 and has been a partner since 2006. He specializes in labor and employment law. His practice in the firm focuses on full employment advice for multinational and local corporations, especially in mergers and acquisitions, transference of employees, rightsizings, union issues, compensation programs and in adapting international policies and programs to local legislation.  

Speakers

Alvaro Aguilar-Saborío

Aguilar Castillo Love, San José

Newton dos Anjos

Associate General Counsel, Embraer, São José dos Campos

John Tucker Barboza

Hoet Peláez Castillo & Duque, Caracas

Mercedes Balado Bevilacqua

MBB Abogados, Buenos Aires

Carolina Camacho

Posse Herrera Ruiz, Bogotá

Alexandre de Almeida Cardoso

TozziniFreire, São Paulo

Christian Leandro García

Deputy Secretary, Unión Informática, Buenos Aires

Ignacio García

Porzio, Ríos, García & Asociados, Santiago

Martin Gershanik

Special Senior Advisor to the Minister of Justice and Human Rights, the Secretary of Justice and the Undersecretary for Criminal Policy, Ministry of Justice and Human Rights, Federal Government of Argentina, Buenos Aires

Carolyn Knox

Ogletree, Deakins, Nash, Smoak & Stewart, San Francisco

Alfredo Kupfer-Domínguez

Sánchez DeVanny Eseverri, Mexico City

Vilma Toshie Kutomi

Mattos Filho, Veiga Filho, Marrey Jr e Quiroga, São Paulo

Ignacio Gonzalez Lonzieme

Legal Secretary, Unión Informática, Buenos Aires

Andrea Giamondo Massei

Machado, Meyer, Sendacz e Opice, São Paulo

Paulina Miranda

Philippi Prietocarrizosa Ferrero DU & Uría, Santiago

Pamela Navarro Castaños

Philippi Prietocarrizosa Ferrero DU & Uría, Lima

Juan Carlos Pró-Rísquez

Norton Rose Fulbright, Caracas

Enrique Radmilovich

Hughes & Hughes, Montevideo

Erik Rodriguez

Greenberg Traurig, Atlanta

Maria Luisa Soter

Veirano, Rio de Janeiro

Esther Starr

Assistant General Counsel - Latin America, CBRE, Los Angeles

Juan Carlos de la Vega

Santamarina y Steta, Monterrey

Programme

08.30: Welcome coffee and registration

09.15: Chairs’ introduction

Anthony Oncidi, Proskauer Rose, Los Angeles 
Enrique Stile, Marval, O'Farrell & Mairal, Buenos Aires

09.30: Collective bargaining agreements

  • The role of trade unions in negotiating labour benefits and working conditions
  • Limits and conditions for collective bargaining agreements

A common feature among several Latin American countries is the important role that the State plays in regulating employment relationships. It is also a characteristic of some countries that labour laws empower trade unions to negotiate additional labour benefits and working conditions. It is often emphasized that collective bargaining improves working conditions, increases wages and, consequently, contributes to a more equitable distribution of income and wealth. However, during economic crisis, when markets are retracted and companies are facing challenges, the discussion arises of whether trade unions are legally authorized to temporarily reduce, exclude, or suspend economic benefits, including those labour rights set forth in law. The purpose of this panel is to analyze the role of trade unions in negotiating on behalf of their workers, as well as their legitimacy to soften labour laws with the aim of preserving jobs and production capacity.

Moderator:
Enrique Stile, Marval O'Farrell & Mairal, Buenos Aires

Panel:
Ignacio Gonzalez Lonzieme, Legal Secretary, Unión Informática, Buenos Aires
Christian Leandro García, Deputy Secretary, Unión Informática, Buenos Aires
Pamela Navarro, Philippi Prietocarrizosa Ferrero DU & UríaLima
Juan Carlos Pró-Rísquez, Norton Rose Fulbright, Caracas

10.30: Coffee break

11.00: Diversity and inclusion in the 21st Century LatAm workplace

Workplaces in Latin America are starting to see a greater inclusion of women, people with disabilities, and LGBT employees in senior positions. What are the issues that arise as a result? This panel will also explore other recent trends in the workplace, including flexible working arrangements, reasonable accommodation issues and the implications of older employees in the workplace. Further, the panel will explore whether there is anything that that Latin American workforce can learn from other countries, such as the United States.

Moderator: 
Carolyn Knox,
 Ogletree, Deakins, Nash, Smoak & Stewart, San Francisco

Panel:
Maria Luisa Soter, 
Veirano, Rio de Janeiro
Alfredo Kupfer-Domínguez, Sánchez DeVanny Eseverri, Mexico City
Enrique Radmilovich, Hughes & Hughes, Montevideo
Newton dos Anjos, Associate General Counsel, Embraer, São José dos Campos 

12.00: Networking lunch sponsored by Greenberg Traurig

13.10: Doing business in Mercosur and the Pacific Alliance: Cultural, employment and immigration aspects to consider

  • Mercosur and the Pacific Alliance: Cultural, economic and political backgrounds of member states; the contribution of each country to the alliances
  • Perspectives of the member states of each alliance in the current environment
  • Analysis of the treaties between member states with respect to social security, pension, immigration and work facilities
  • Impact of different treaties, such as Sao Borgia, Patria Grande and other similar agreements

Moderator: 
Ignacio García, 
Porzio, Ríos, García y Asociados, Santiago

Panel:
Esther Starr, Assistant General Counsel - Latin America, CBRE, Los Angeles
Mercedes Balado Bevilacqua, MBB Abogados, Buenos Aires
Carolina Camacho, Posse Herrera Ruiz, Bogotá
Andrea Giamondo Massei, Machado, Meyer, Sendacz e Opice, São Paulo

14.10: Coffee Break

14.40: Alternative Dispute Resolution (ADR) in individual and collective matters 

  • Different methods for resolving employment disputes out-of-court
  • ADR in an unbalanced employee-employer relationship, or when labour rights cannot be negotiated or renounced
  • Mandatory conciliatory processes -
    1. To reduce litigation in certain jurisdictions
    2. Before a law suit is opened to the evidentiary stage
    3. That must be followed upon a strike, picket or union conflicts.
  • Rights and obligations of the parties. Rights of various authorities to force an agreement and settle the collective conflict. Different situations to be analyzed and strategy in negotiations.
  • Limits and conditions for ADR. Enforceability for solving individual and collective conflicts and settled matter effects. Tax and social security matters to be considered that could not be settled under an ADR process.

Moderator:
Alexandre de Almeida Cardoso, 
TozziniFreire, São Paulo

Panel:
Erik Rodriguez, 
Greenberg Traurig, Atlanta
Juan Carlos de la Vega, Santamarina y Steta, Monterrey
Alvaro Aguilar-Saborío, Aguilar Castillo Love, San José 
Paulina Miranda, Philippi Prietocarrizosa Ferrero DU & Uría, Santiago 

15.40: Coffee break

16.10: Is the “Pink Tide” receding?

Venezuela and Argentina have recently moved away from socialist/leftist governments. Does this signal a growing trend? This panel will explore the new implications for Labour laws in those countries.

Moderator: 
Anthony Oncidi, Proskauer Rose, Los Angeles

Panel:
John Tucker Barboza, 
Hoet Peláez Castillo & Duque, Caracas
Vilma Toshie Kutomi, Mattos Filho, Veiga Filho, Marrey Jr e Quiroga, São Paulo
Martin Gershanik, Special Senior Advisor to the Minister of Justice and Human Rights, the Secretary of Justice and the Undersecretary for Criminal Policy, Ministry of Justice and Human Rights, Federal Government of Argentina, Buenos Aires

17.10: Chairs' closing remarks

Anthony Oncidi, Proskauer Rose, Los Angeles 
Enrique Stile, Marval, O'Farrell & Mairal, Buenos Aires

17.20 onwards: All delegates are invited to attend a cocktail reception kindly hosted by Marval, O'Farrell & Mairal

Venue

Eden Roc Miami Beach, 4525 Collins Avenue Miami, 33140, USA

Testimonials

  • “Excellent overall programme. Thank you!”

    Gabriela Lanza, Corporate Counsel
    Caterpillar Inc.

  • “Latin Lawyer conferences provide a great forum for the latest industry trends and regulations as well as networking with the leading industry players in the region. The quality of speakers and topics of discussion deliver a balanced academic and practical view of the law.”

    Marco Solano
    Aguilar Castillo Love

  • Excellent. Up to date discussions on relvant topics.

    Andrea Giamondo Massei

    Machado Meyer