Aninat Schwencke & Cia has an important labor practice, advising national and foreign companies on all aspects of labor relations, whether in corporate consultancy, collective matters, strategic litigation or migration issues. The area is composed of eight lawyers with exclusive dedication to these matters, which has resulted in a high level of specialization and sophistication and a relevant percentage of favorable results for their clients in cases of great complexity.
The corporate advice focuses mainly on issues related to hiring processes, business reorganizations, compensation plans, stock option design, termination of labor relation strategy, preparation of due diligence reports and preventive labor audits.
In collective matters, the labor group advises on processes of qualification of minimum services and emergency teams, collective bargaining and definition of strategies in union relations.
Regarding litigation, the area maintains active litigation in the defense of employers before labor courts, and different courts of the country, in all types of proceedings and matters, with a high number of favorable judgments in complex cases, including complaints of infringement of fundamental rights and anti-union practices.
In matters of migration, the area advises on the obtaining of corresponding visas of foreign executives so that they are able work in the country.
It should be noted that the labor practice of the firm has been continuously highlighted by the most important national and international publications, such as Chambers and Partners, Legal 500 and Latin Lawyer.
In addition, we provide the following services:
- Preventive counseling in matters of Internal Regulations;
- Documentation of hiring and dismissals;
- Judicial advice in cases of self-dismissal, unjustified dismissals, pension collections, etc.;
- Defenses of labor aspects of non-competition clauses and extra-labor agreements with key executives;
- Collective labor law, including collective bargaining, strikes, and others;
- Support to the administration and clients in remuneration processes, stock option designs and others;
- Protection of confidential or protected information of companies and workers, regulation of access to computers and other supports;
- Taxation of workers and service providers, etc.
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- Representation of Asociación Chilena de Seguridad (ACHS) in approximately 100 highly complex labor lawsuits during the year 2017.
- Representation of Tivit Chile SpA, obtaining two favorable judgments in lawsuits in which its union claimed the failure to pay millions in management bonuses.
- Representation of Balfour Beatty Chile S.A. in two relevant labor lawsuits on the cessation of legal rights for organized labor for the termination of a company, processes in which the Labor Directorate intervened.
- Representation of the Empresa Nacional del Petróleo in lawsuits on work accidents and occupational diseases, obtaining favorable judgments.
- Representation of Plásticos Film América Limitada in a complex litigation over corporate reorganization with a senior executive, obtaining a fully favorable ruling.
- Advice to HE Parts, a global company in the field of parts and pieces for mining, successor to Morgan Industrial, and today owned by Hitachi Construction Machinery, on all its requirements of an individual and collective nature.
- Advice to Termas de Jahuel, Hotel & SPA in the qualification processes of minimum services and emergency teams and collective bargaining.
- Advice to CAF Chile S.A. in the qualification processes of minimum services and emergency teams and collective bargaining, as well as in the implementation of its operations in Lines 3 and 6 of the Santiago Metro.
- Advice to Kantar Worldpanel Chile in its recent collective bargaining process.
- Advice to Instituto Sanitas S.A., in its recent collective bargaining and preparation of law reports regarding matters of extension of benefits and ultra-activity of collective instruments.
- Advice to CYBS Consulting, a consultancy firm in back office matters and means of payment, on the establishment of its operations in Chile.
- Advice to the Chilean subsidiary of Kapsch TrafficCom, one of the largest multinationals in the field of technologies in electronic toll collection, road operators and innovations in traffic applications, on all their labor requirements.
- Advice to AMF Etiquetas SpA on its recent collective bargaining process.
- Advice to Nueva Ancor Tecmin S.A. on the acquisition process of the engineering and innovation company Hecker DC + AC.