Labor and Employment

D’Empaire provides legal advice to companies in a broad spectrum of labor and employment matters. Our labor law group continuously assists clients to reduce litigation risk and ensure legal compliance under employment law. D’Empaire is considered one of the leading Venezuelan law firms in collective contract negotiations and conflict management with labor unions. We also are the preferred Venezuelan firm by clients carrying out M&A transactions and restructuring, both of which have a decisive labor component.

Our labor law group has extensive experience in:

•  employment issues in connection with business transactions
•  labor due-diligences
•  mass lay-offs (reduction of workforce)
•  labor mobility issues (expatriate employees, transfer of employees to foreign jurisdictions)
• sensitive terminations of top level employees
•  collective bargaining agreements negotiations
•  industrial labor disputes
•  high stakes labor litigation
•  compensation and benefits

Relevant representations include:

• Adviced and assisted Bimbo in collective bargaining procedures to settle collective disputes on benefits and working conditions (2018).
• Dutch Embassy in Venezuela in the sensitive employment termination of an officer (2018).
• PAVCO (Mexichem) in determining the negotiation strategy to be followed in the employment termination of a top-level executive (2018).
• Marubeni on the implementation of changes to their internal collective agreement in negotiation with its employees (2018).
• Ghella Sogene in overturning a reinstatement order following a mass dismissal claim from former employees assigned to the project on the construction of the rapid transit network (Valencia Metro) for the city of Valencia, Venezuela (2017).
• Represented BNP Paribas in a high profile misclassification lawsuit filed by its former representative officer in Venezuela, before the labour courts (2016).
• Chevron in several labor matters relating to its oil projects in Venezuela (2016)
• Fibranova (Masisa) leading forestry products company, in collective bargaining negotiations encompassing 800 employees and around 3000 independent contractors (2015)
• Citibank, in the transfer of four Citi Executives to render services in various foreign jurisdictions (2015)
• McDonald’s (Alimentos Arcos Dorados de Venezuela) in several judicial and administrative proceedings at the national level
• Syngenta in labour advice and labour litigation relating to departure of key level employees
• Bristol-Myers Squibb in continuing labor advice (global mobility, litigation, sensitive terminations, monitoring of judicial proceedings)
• Guardian Industries in connection with the sensitive termination of its long serving Director General
• Plumrose Latinoamericana in several judicial and administrative proceedings at the national level
• Covestro AG (formerly Bayer MaterialScience AG) in employee relocation and executives’ assignments (2015)
• German industrial filter maker Mann + Hummel in the labor aspects of its acquisition of Affinia (AFN.N) assets in Venezuela
• United, in issues regarding employees’ expatriation (2015)
• Masisa group (Andinus and Fibranova), in the negotiations of collective bargaining agreements of two companies of the group
• Servipork in the sensitive termination of its former general manager and member of the board of directors and ensuing litigation (2015)
• Energizer in the termination negotiations of its workforce in Venezuela (2015)
• Toshiba in the termination negotiations of its workforce in Venezuela (2015)
• Rolls Royce in the labor issues of the asset transfer to Siemens (2015)
• Banco Santander Totta in the labor issues of the closing of its Venezuelan representative office (2015)
• Heinz in its options to optimize its workforce in Venezuela (2015)
• Del Monte in its options to optimize its workforce in Venezuela (2015)
• Citibank in its options to optimize its workforce in Venezuela (2015)
• JP Morgan in an update of Venezuelan Labor and Employment Regulations (2015)
• US Embassy to Venezuela in labor issues relating to soverign immunity (2015)
• Liberty Mutual (Seguros Caracas) in its retention bonus policy (2015)
• The Venezuelan franchisee of McDonald’s, with more than 6,000 employees, in connection with the negotiation of the collective bargaining agreement (2010 and 2013)
• Pepsicola de Venezuela, with more than 1,500 employees, in connection with the work stoppage of its Caucagua facility in 2013
• Plumrose Venezuela, a producer of sliced meats with more than 3,000 employees, owned by the East Asiatic Company, in connection with the negotiation of the collective bargaining agreement and several labor conflicts (2002-2013)
• DelMonte Venezuela, with more than 800 employees, in connection with the negotiation of the collective bargaining agreement and labor disputes, including the 2011 strike (since 2000)
• Sidor Ternium, the largest steel manufacturer in Venezuela, with more than 7,000 employees, in its negotiation of the collective bargaining agreement and labor disputes, since its privatization in 1996 until its nationalization in 2008
• Ferroven De Venezuela, o producer of ferrosilicon, owned by Ferroatlántica España (Ferroven), with more than 300 employees, in connection with the negotiation of the collective bargaining agreement since its privatization in 1999
• Cemex Venezuela, the largest cement manufacturer in Venezuela, with more than 2,000 employees, in its negotiation of the collective bargaining agreement and labor disputes, since its purchase in 1993 until its nationalization in 2008
• Electricidad de Caracas, the largest Venezuelan utility, with more than 2,500 employees, then owned by The AES Corporation, in connection with its negotiation of collective bargaining agreement, since its purchase in 2000 until its nationalization in 2007