M&A is characterized by daily and personalized follow-up of individual clients, providing support for management of their human resources and solutions that best suit their needs in the complex, dynamic and changing environment of Argentine labor law.
Analysis of the type of contract and working conditions that best fit the needs of the company, the sector and the tasks the new hire will be responsible for.
Analysis and planning of wage structures. Implementation, modification and termination of additional compensation. Loyalty programs and incentives for employees. Stock purchase plans, bonus programs and pension plans.
Harmonization of workday, work hours and breaks regulations with the company’s operational needs. Part-time contracts. Reduced hours. Working teams. Implementation of Hour Banks. Rotating and/or variable shifts.
- Disciplinary Rules
Personalized and tailored advice on measures to be taken in the event of breach of discipline. Drafting of work rules.
Advice on appropriate actions relating to termination of employees and massive layoffs with the aim of mitigating costs and risks. Termination of senior staff. Restructuring. Implementation of retirement programs.
Contracts with providers or outsourcers. Advice on mitigation of joint and several liability.
- Union relations
As a result of M&A’s extensive experience in the field of collective labor law, the firm is selected to assist in collective bargaining and to overcome situations of conflict with labor unions.
Our experience makes us experts with a global vision to approach disputes and a long-standing relationship with labor unions, who know us and our values.
As we have provided services to a large number of companies, we are familiar with the collective agreements that govern the different industries, the characteristics of the various labor unions and the specific contexts in which they operate. This allows us to provide solutions that meet the needs of our clients.
M&A’s approach is not based on conflict or confrontation. Our aim is negotiation and development of strategies to prevent abuse by union representatives.
- “Individual” Collective Law
At M&A we are the main advocate of our clients’ interests against attempts by labor unions to go beyond what the law stipulates. Thus, we participate in matters pertaining to labor union privileges: union officials, congress representatives, union representatives, internal committees, monitoring of union elections, precautionary measures, etc.
- Collective Bargaining
M&A members have extensive experience in collective bargaining negotiations and agreements.
M&A has participated in the negotiation of collective bargaining agreements for the oil, energy, paint, mining, perfumery, retail and software industries, among others.
We have also been engaged to participate in the negotiation and execution of company collective agreements and we are actively involved with the relevant business chambers.
- Collective Disputes
M&A members have participated in connection with a large number of industrial actions as well as disputes over union membership.
- Contingency plan and creation of interdisciplinary crisis committees (labor lawyers, criminal lawyers, senior staff and security personnel).
- Working protocol in crisis situations.
- Training of senior staff.
- Submissions to labor administrative authorities.
- Negotiation with union authorities.
- Actions before labor courts for protection of constitutional rights.
- Closure of Companies
M&A members have carried out a number of closures of companies including major organizations in the automotive, textile, fruit, banking, retail, logistics, graphic, mining and energy sectors.
Our firm has provided comprehensive advisory services in connection with:
- Analysis and assessment of closure-related contingencies.
- Closure structuring and communication strategies.
- Creation of interdisciplinary committees to monitor the closure process.
- Liaison and negotiation with labor unions and the labor authority.
- Execution of agreements.
- Crisis Prevention Procedure.
M&A members also have extensive experience in matters relating to inspections and debt assessment conducted by the administrative authorities, industrial accidents and occupational diseases regime, health care regime and retirement and pension plans regime.
- Social security contributions and unified contribution system
- Union dues or contributions based on Bylaws and CBAs
- Occupational Hazards Act
- Pension and Retirement Law
- Health Care Coverage
- Occupational Health and Safety
- Family Allowance System
- Mandatory life insurance – Other insurance
- Mutual Societies
At present M&A acts as counsel in a large number of cases pending before labor courts in the City of Buenos Aires, the Greater Buenos Aires and other jurisdictions nationwide through reliable correspondent law firms.
Because of our expertise, clients choose us to represent them in cases they consider important, either for the magnitude of the amounts claimed or for the potential impact on the company’s business.
For operational reasons, companies must often outsource certain portions of their main or supplementary activities and this can sometimes give rise to the risk of claims for lack of compliance with labor and pension fund obligations by the outsourced companies.
M&A provides vendor and contractor monitoring and follow-up services in order to identify and mitigate these risks and create a culture of compliance with labor and social security obligations by these vendors and contractors.
These services include the following:
- Preventive counseling to identify potential contingencies;
- Monitoring of legal, labor, social security and union documentation on a monthly basis;
- Updating and maintenance of the list of requirements for each category of vendors and contractors, in accordance with new developments in legislative and jurisprudential matters;
- Presentation of reports with comments, missing information, inconsistencies and/or maturities detected in the analysis of the documentation of vendors and contractors.
M&A assists companies and their employees in all formalities related to professional immigration, seeking the most appropriate legal framework for their individual needs and requirements.
These services include the following:
- Registration of companies with the RENURE (Single Registry of Foreign Nationals);
- Advice on the most appropriate legal framework for temporary or permanent residence in Argentina;
- Processing of formalities regarding provisional, temporary or permanent residence for executives, managers or other foreign employees;
- Application to ANSES for provisional and final CUIT/CUIL (Tax ID);
- Application to AFIP for Advance Registration Code of employees.