Labor Law

Obtaining rates based on the management of cases, drafting managerial reports showing quantitative and qualitative information enabling managers to make strategical decisions, and controlling specific cases are competences of our firm that arose from the management of labor-related cases. The practice of some lawyers who work for our firm today used to involve the management of hundreds of cases concerning, among other issues, the discussion on the existence of occupational accidents or diseases. Such discussion used to be held before Civil Courts, being later shifted to Labor Courts by force of Brazilian Constitutional Amendment no. 45. Then, reports were prepared indicating which were the plant positions and areas representing the higher labor risks. Through the quantification and qualification of the risks involved, our legal area was able to adjust certain activities and even promote the change of equipment with the purpose of mitigating risks. The management of this liability caused the implementation of preventive measures to reduce the liability of companies, while also generated substantial liability reductions in current proceedings through the analysis of each case. This is one of the purposes of our law firm’s practice within labor law, which is a core area at Francavilla. There has been a significant development in the management of labor actions by using legal data storage systems, internal audit procedures, and established routines for the management and control of court deadlines. The practice of our labor law team stands out for the control of proceedings, which implies certainty in such practice. With an experience consolidated even before the creation of the firm, Francavilla is specialized in the defense of companies in several types of proceedings arising from employment claims. We should further highlight the following specific knowledge of our labor lawyers, which is applied to the provision of broad legal assistance in litigations and administrative proceedings and to consultancies: – concerning labor safety rules and of all legal theses discussed in actions for damages for occupational diseases; – concerning discussions held based on changes brought by the labor reform, especially considering the compensation and employee autonomy aspects; – concerning union negotiations, moreover participating in the legal structuring of Profit Sharing Plans (PPR/PPL); – teamwork with the tax and corporate law areas in discussions on structures aiming at the definition of a viable compensation for executives (stock options, premiums, compensations received abroad); – identification and discussion of exposures and values within the scope of due diligences, especially in M&A transactions; – solid practice before Regional Appellate Labor Courts and the Superior Labor Court, preparing appeals, holding meetings with Justices, and presenting oral arguments; – concerning the defense of companies in administrative proceedings. In recent years, Francavilla also has been acting in the defense of the interest of executives in employment claims of high economic impact. Within this scope, the experience of our lawyers in relationships involving the provision of services abroad, labor legal hierarchies in the context of and in relation to persons residing abroad, and breaches of obligations assumed without the required formality are an advantage.