LABOR LAW

Labor reform and changes in labor and social security laws require companies to quickly adapt themselves to the new scenario, which is expected to make the market more dynamic. Conversely, they also give rise to a number of questions. As a law firm responsive to change and committed to legal certainty, we provide exceptional assistance to our clients through consulting, preventive advice, and litigation in both labor and social security areas.
Attentive to the economic aspects of our clients’ businesses, MARCELO TOSTES LAW FIRM seeks to prevent and mitigate labor liabilities through the preparation, analysis, and review of employment contracts, participates in collective bargaining negotiations, and conducts legal audits to identify occupational health and safety risks.
Regarding social security, we provide preemptive consultancy with the purpose of improving the efficiency of our clients’ departments, as well as administrative and court litigation assistance, especially to reverse social security benefits from work accident benefits into regular benefits and manage employees on leave due to work accidents.

OUR SERVICES INCLUDE:

  • Comprehensive review of labor claims and human resources documentation relative to hired professionals, as well documentation pertaining to occupational health and safety from the legal standpoint.
  • Consulting on applicable employment contract clauses from a multidisciplinary perspective based on mapping, identification and counseling with an aim to prevent labor liabilities from arising in business and civil relationships in general;
  • Evaluation of impacts of the Labor Reform (Act 13.467/2017) on the client, aimed at optimizing existing contracts, new hires, and paradigm shift in the contractual relationship;
  • Advice on setting up job, salary, and career plans, taking into consideration the possibilities offered by the Labor Reform;
  • Revision of strategic risk agreements to suit them to Act 13.429/2017;
  • Advice on the company’s structure in view of the current scenario, including regulations on the use of image and voice, information confidentiality, and the use of applications and social networks;
  • Participation in the negotiation of collective bargaining agreements, including a review of legal risks and the legality of collective bargaining clauses, as well as legal risks in class actions filed by unions;
  • Assistance with respect to labor inspection and social control agencies, such as the Public Labor Prosecutor’s Office and the Labor and Employment Ministry, including both administrative (Conduct Adjustment Agreements, ongoing civil investigations, labor inspections) and judicial (public civil action, actions for annulment, and actions for review) assistance.
  • Evaluation and internal capacity-building to optimize the management of personnel on leave under the Social Security leave system, taking the implications of the NTEP (Social Security Epidemiological Connection) into account and seeking a reduction in the Accident Prevention Factor;
  • Legal assistance in third-party claims related to indemnity for work accident;
  • Accounting and legal advice through risk management and mitigation;
  • Advice on and implementation of a cost reduction policy through the Permanent Center of Settlement;
  • Systematic management of information and reports through a client-accessible platform.