Contracts and Labor Terminations
At Ferran Martínez Abogados we specialize in making our clients aware of the relevant aspects of Labor & Employment Law, always accurate, taking into account the latest reforms in labor matters and delving into all those special and conflictive situations that arise in practice.
One of our main commitments is to take care of and maintain sources of employment, which is why both hiring and terminations are done strategically, covering all aspects that could lead to a labor contingency.
Internal Labor Regulations and Global Policies
The Federal Labor Law contemplates an instrument to establish rules and specifications that regulate the activities and behaviors of those who collaborate in the Work Centers. The Internal Labor Regulations include both the rules defined for collaborators and for employers and its purpose is to maintain a cordial, structured and orderly labor relationship that avoids conflicts, and seeks productivity and the achievement of the company's goals.
At Ferran Martínez Abogados we help our clients to prepare these Regulations and obtain greater structure and control over the organization; prevent risks; ensure a safe environment and avoid possible legal conflicts, in addition to making sure that it meets all the requirements to be deposited before the Federal Center for Conciliation and Labor Registration.
As a consequence of mergers and acquisitions between companies, labor aspects must be executed with the greatest possible care, to avoid future contingencies. Whether through substitutions, personnel transfers or terminations with recognition of seniority, at Ferran Martínez Abogados we support companies with operations in Mexico to carry out this type of corporate-labour movements.
Mexico faces enormous challenges at the national and international level. Collective bargaining is a fundamental mechanism of social dialogue, through which employers and unions can agree on fair wages and adequate working conditions, such as professional training, occupational safety and health, and equal treatment.
The law establishes a minimum benefits for each collective bargaining, and the new Collective Bargaining Agreement cannot contain lower benefits than those contained in the current contract. Thus, if the current contract establishes a salary readjustment of 3%, the employer may not offer an readjustment of less than 3% in the new negotiation. However, there are some tools that the company could use if, due to an economic crisis, it cannot offer the same conditions.
At Ferran Martínez Abogados we advise our clients in all kinds of collective procedures, in order to ensure the maintenance and normal development of business of the source of employment in question.
Confidentiality and non-disclosure agreements
Legal documents that, generally, form an accessory part of the Individual Employment Contract, in which the employee assumes the obligation not to disclose or make use of confidential information provided by the company or not to compete in a certain market or with respect to a certain activity, business or industry during a certain time in a specific region or territory.
At Ferran Martínez Abogados we advise our clients so that said agreements do not go against the Fundamental Rights contained in the Political Constitution of the United Mexican States, the Federal Labor Law or the Federal Economic Competition Law.
Part of the commitment to our clients is to help them increase staff satisfaction, as well as improve their productivity and retain talent through the strategic application of labor compensation policies, always taking care of and informing about the legal obligations that each decision implies, either because inequality is generated or because specific aspects are contained in the Federal Labor Law that must be addressed.
Labor audits allow companies to avoid or mitigate the risks or non-compliance with current regulations that could generate large adverse sentences in labor lawsuits, or fines from the labor authorities.
Derived from changing, extensive and complex legislation, at Ferran Martínez Abogados we help our clients to maintain strict and comprehensive surveillance. In this way, we can know the vulnerabilities and suggest, in a timely manner, action plans to correct the irregularities detected.