Employment Law
Personnel decisions impact the organization, costs, and continuity of a business. We assist employers in managing individual relationships, from entry to termination, jointly evaluating applicable regulations, documentation, and operational implications.
Managing the relationship throughout its journey
Personnel decisions impact an organization and can have lasting effects. We support companies in establishing relationships, in day-to-day management, and during critical phases, in coordination with the employment consultant. We begin with the activities performed, structure, contracts, and objective of the decision.
The review distinguishes between legal, administrative, and compensation aspects, avoiding overlaps between professionals. Collective rules, classification, individual agreements, and corporate practices must be considered together.
Hiring, assignments and conditions
We assist in defining clauses and agreements relating to the relationship: duties, probation, duration, confidentiality, tools, incentives, and post-termination commitments. The choice of contractual model must reflect the actual nature of the service, not just the name used.
We examine collaborations, relationships with executives and key figures, non-competition agreements, and related agreements, verifying their prerequisites and sustainability. Disclosure requirements and documents must be updated to reflect the specific case and applicable law.
Tasks, organization and work tools
Changes in function, location, or method of execution require an examination of the employer's powers and limitations. We evaluate contracts, organizational reasons, relevant personal circumstances, and the need for agreements or procedures.
Policies, devices, email, and digital systems also involve privacy and potential controls. Internal rules must be understandable, consistent with actual use, and coordinated with required compliance; a signature on a policy alone won't solve every problem.
Disputes, terminations and controversies
Before initiating disciplinary proceedings, we reconstruct the facts, evidence, chronology, and applicable rules. The content of the dispute, the possibility of a defense, and the proportionality of the decision require specific assessments, with careful attention to time limits and documentation.
In terminations, we examine the reasons, process, risks, and negotiation alternatives. We also assist in managing disputes and controversies, coordinating requests, documents, and possible solutions. Not all situations can be resolved with the same letter or agreement.
An example: a function changes but the contract remains unchanged
The company entrusts an individual with increasing responsibilities without updating their powers, job description, and objectives. Before a conflict arises, it is useful to reconstruct actual activities, agreements, and treatment. This work may involve a consistent review of the relationship and responsibilities, with the input of competent consultants.
The example is illustrative: every assessment depends on the facts, collective discipline and documentation.
Prepare the evaluation
The contract and subsequent amendments, the applicable collective bargaining agreement, description of activities, relevant communications, and chronology are useful. For disputes or documents received, the dates must be immediately indicated. Personnel data must be limited to what is necessary for the assignment and shared with appropriate caution.
Frequently asked questions
Is it possible to intervene before a dispute arises?
This is often the most useful time to clarify rules and alternatives.
Can every job be unilaterally changed?
It's necessary to verify the powers and limitations of the case.
Does legal advice replace wages?
No: the activities are coordinated with the labor consultant. If the issue involves a comprehensive reorganization, we activate the dedicated process.
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