Labour and employment in Venezuela

Baker & McKenzie, S.C.

Highlighted for its 'substantial experience dealing with foreign employers', Baker & McKenzie, S.C. leverages its extensive network to advise major multinational clients on employee mobility issues, the rollout of global labour policies, and cross-border reorganisations and restructurings. The team also stands out for its expertise in complex employment litigation; this side of the practice was bolstered with the addition of Gabriel De Jesús, who now divides his time between labour and commercial litigation. Carlos Felce leads the team, with key support from senior associates Daniel Fragiel and Sebastián Nastari.

Practice head(s):

Carlos Felce

Testimonials

‘The team provides certainty regarding labour issues, with outstanding dedication and professionalism.’

‘Carlos Felce stands out for his great understanding of the commercial reality, which allows him to provide solutions that are not only legally effective, but also in accordance with the client’s expectations.’

‘Carlos Felce and his team have helped us with many different and varying situations over the years. They have been very responsive and have provided options for our problems.’

‘I feel comfortable relying on this firm for their advice and their expertise. They have substantial experience dealing with foreign employers.’

Key clients

Anglo American

Aspen Technology

Associated Press

Eni

HBO

Gold Data

Melia

Parmalat

Telefónica

3M

Laboratorios Leti

D'Empaire

D'Empaire's 'excellent' employment practice spans a wide range of matters, including the employment aspects of corporate transactions, the termination of employment contracts (including mass lay-offs and the dismissal of high-level executives), labour mobility issues, collective bargaining negotiations and high-profile labour litigation. Alejandro Disilvestro, who is particularly experienced in collective contract negotiations and conflict management with labour unions, leads the team with the 'unbeatable' Victorino Márquez. Newly promoted partner Biba Arciniegas and associate Aixa Añez are also key contacts.

Practice head(s):

Alejandro Disilvestro; Victorino Márquez

Testimonials

‘The D’Empaire team has timely and up-to-date knowledge on labour matters. The service they provide to the client is excellent, and this is reflected in the quality of the advice that they deliver and the follow-up they provide to any questions.’

‘The service we have received from Victorino Márquez is unbeatable. His response times are excellent and the advice he provides us with is clear and very timely. He even goes beyond the specific doubts that we raise, and discusses policy, modifications to the legislation and even publicity issues that may have an impact on our operation.’

Key clients

LVMH Perfumes and Cosmetics

Mapfre

Bimbo

Copa Airlines

Hino Motors

Maurel & Prom

Goethe Institute

Syngenta

Embassy of the Kingdom of the Netherlands in Caracas, Venezuela

Embassy of Spain in Caracas, Venezuela

Work highlights

  • Advising Bimbo on labour law issues regarding its operations in Venezuela.
  • Advised Copa Airlines on the employment aspects of restructuring its operations in Venezuela, including handling a misclassification claim brought against the airline by its former legal adviser.
  • Assisted Hino Motors with a sensitive matter regarding the termination of the contracts of several employees.

Dentons

Global firm Dentons is highly experienced in international employment matters, advising a broad roster of multinational companies from the pharmaceuticals, tobacco and aviation sectors, among others, on their day-to-day operations in Venezuela, as well as sanctions-related issues. The team also has significant expertise in representing employers in high-profile labour litigation. Venezuela managing partner Juan Carlos Pró-Rísquez leads the practice. Esther Cecilia Blondet, who stands out for labour litigation, Yanet Aguiar and of counsel Victor Duran are also names to note.

Practice head(s):

Juan Carlos Pró-Rísquez

Testimonials

‘The firm delivers a high level of service and specialised technical knowledge. What makes the team special is that they combine their technical knowledge of the law with their knowledge of the policy, values and processes of our company, in a practical and timely manner.’

‘Juan Carlos Pro stands out for his very good business sense, technical legal knowledge and diligent management of the client’s issues.’

Key clients

Washington Baseball Club

American Airlines

Air France

Banesco

Brinks (Servicio Panamericano de Protección)

British American Tobacco (Bigott)

Chilean Embassy

Vicson Beakert

Equinor

Johnson & Johnson Group

Mitsubishi

Mitsui

Work highlights

  • Represented Schlumberger in an annulment lawsuit against an administrative order issued by the Labour Inspector’s Office that ordered the reinstatement of a former worker.
  • Represented a multinational client in a $5m lawsuit brought by a former employee seeking commission on rest days, holidays and bonuses.
  • Represented BAT Group in a lawsuit brought by a former worker requesting indemnities for an occupational illness without a certificate issued by the National Institute for Prevention, Health and Safety at the Work Place.

Lega

Lega‘ ‘strong‘ labour team has particular expertise in employment litigation, representing clients before Venezuela’s labour courts and public agencies. Other areas of strength include collective bargaining negotiations, employee transfers and dismissals, labour audits and recruitment issues. Gabriel Calleja, who has extensive experience in individual and collective labour matters, leads the team with John Tucker Barboza. Other notable contacts include Carlos Alberto Henríquez, Luis Azuaje, Natalia De Paz Garmendia and newly promoted partner Isabel Pestana.

Practice head(s):

Gabriel Calleja; John Tucker

Testimonials

‘Lega has a strong labour team, with in-depth knowledge of the law and current local practices. They deliver excellent results and fully understand the needs of transnational clients.’

‘John Tucker is a lawyer who fully understands the problems and challenges of employers, always providing practical and achievable solutions.’

‘Lega has a solid team that can provide services in different regions of the country, which makes it agile in meeting the client’s requirements.’

‘Gabriel Calleja stands out for his extensive technical knowledge and great communication skills.’

‘Luis Azuaje has great technical legal knowledge and a great sense of client service. He has good relationships with the administrative labour authorities.’

Key clients

Coca Cola FEMSA

Jones Lang Lasalle

Nestle

Project Hope

Lenovo

Tampa Bay Rays

General Electric/Baker Hughes

Cerveceria Regional

Makro Comercializadora

IBM

Work highlights

  • Advising a number of major multinational clients on the labour and employment implications of the Covid-19 pandemic, including remote working and occupational health and safety issues.
  • Advising IBM on the employment aspects of the transfer of its managed infrastructure services unit to Kyndryl.
  • Advising Coca-Cola Femsa on an ongoing dispute over the termination of the employment contracts of a number of workers.

Altum Abogados, S.C.

Altum Abogados, S.C.‘ wide-ranging labour practice spans hiring, terminations, compensation and benefits, labour audits and restructurings. The ‘cohesive‘ team advises major domestic clients from the pharmaceutical, food and beverages, sports and manufacturing sectors, among others. Practice head Mariana Roso is experienced in assisting employers with labour law compliance and compensation and benefits arrangements. Senior associate Ariana Cabrera is also noted.

Practice head(s):

Mariana Roso

Testimonials

‘Altum’s labour department has a cohesive team that is always available to meet clients’ requirements. You can contact any of them and you will get consistent, high-quality responses. The team shows warmth and empathy with clients’ situations, offering functional solutions that always seek to ensure that the business can continue with its projects, without the legal issues being seen as an obstacle. Legal solutions are explained in a simple and understandable way.’

‘The lawyers of the labour department stand out for their specialised knowledge of the subject matter, and their intelligence and practicality in resolving situations and conflicts. In particular, Mariana Roso and Ariana Cabrera are accessible people who always give timely answers and follow up on queries to find out whether the solution was applied, if it worked and how it can be improved. In addition, they thoroughly review the facts of each case to extract all the relevant details so that they can analyse the problem.’

InterJuris Abogados

InterJuris Abogados handles both contentious and non-contentious employment matters for an impressive roster of international clients with operations in Venezuela, advising on day-to-day employment issues, cross-border hiring, restructurings, the compensation of high-level employees in foreign currencies, and high-profile labour litigation. Practice head Angel Meléndez Cardoza stands out for his advice to multinational clients. He is supported by associates Armando Hurtado and Daniela Urdaneta.

Practice head(s):

Angel Meléndez Cardoza

Testimonials

‘The team have solid knowledge of the labour practice area, and they are very proactive, practical and efficient in their recommendations and responses. They are extraordinary litigators and have been successful in most of the complex trials we have assigned them.’

‘All the lawyers in the team are excellent. Angel Meléndez is very knowledgeable about labour law – he is an excellent negotiator, but when it is necessary to go to court, his strategies for trials are brilliant and the results are usually as expected. His main virtue is that he knows our business very well and that allows him to understand our requirements, and he always shows this in his strategies and recommendations.’

‘Daniela Urdaneta is a very intelligent, proactive and organised lawyer. She demonstrates a great command of labour law. She is in charge of following up on the cases that we assign to the firm and always keeps us up to date. Her analyses and recommendations are very precise and accurate.’

‘Armando Hurtado is a young lawyer who, like his colleagues, demonstrates a great command of labour law. He is also very proactive and quick in his responses.’

‘They are very knowledgeable about labour law, but they also know the practice and criteria of the authorities very well. The main benefit of the firm is the mastery they have of technology. They have recommended the use of cryptocurrencies and digital signatures in our hiring and it has gone very well for us. Not many lawyers in Venezuela handle that area like they do.’

‘Ángel Meléndez stands out for his ability to find simple solutions for complex problems, solid legal knowledge and understanding of our business. He usually tells us about opportunities offered by new laws and judgments to improve our hiring and remuneration schemes before other companies start applying them. We consider him to be the best attorney in his area.’

‘Daniela Urdaneta is a very organised and professional lawyer. She also demonstrates a lot of knowledge of the law in Venezuela, which inspires a lot of confidence and security in clients.’

‘InterJuris is unique thanks to the high quality of its services and response times. Its strong point is not only knowing the law, but also what happens in practice. The client service is the best – we feel like they are part of our internal team because they know us very well. They are a young team and they handle cryptocurrency and technology issues very well, which is another of their main differentiators.’

Key clients

Cervecería Polar

Pepsi Cola Venezuela

Alimentos Polar

Productos EFE

Ericsson

Industria Láctea de Venezuela (Lactalis)

Goddard Catering Group

Uninet Business School

CMEC Engineering

Women on the Stage

Team Remoto

Al Jazeera

Cunapro

Amarillo Creative Lab

La Lucha

Quant Ventures

First Link Group

Work highlights

  • Advised Ericsson on a restructuring and the termination of the employment of more than 60 employees.
  • Assisted La Lucha with the audit of its labour and employment obligations and documents in accordance with current legislation.
  • Acting for Parmalat in administrative proceedings initiated by an ex-employee who requested the restitution to his position following the termination of his employment contract.

LABOR – Gestión de Gente

Labour boutique LABOR – Gestión de Gente is well known for its representation of employees in disputes regarding employment contracts and terminations. The team also advises on downsizing and restructurings, the collective suspension of employment relationships, and issues such as remote working and co-working. Carlos Rivera, who is experienced in labour disputes and payroll restructurings, leads the practice, and Pedro Uriola is noted for his collective bargaining expertise.

Practice head(s):

Carlos Rivera

Testimonials

‘They are professional and have good relationships. They understand our requirements and adjust to the different scenarios that often arise. They handle information discreetly.’

Key clients

Cámara Nacional de Medicamentos Genéricos y Afines (CANAMEGA)

CA de Seguros American International (AIG)

Fundación Hospital Ortopédico Infantil

Engelberg Transportes Internacionales (ENTRA)/DB Schenker

Laminados Innovadores Laminova/Lamitech

Maryelis Chacón

Laboratorios La Santé

Mercantil Banco Universal

Empresas Polar

Work highlights

  • Acting for an engineer in a lawsuit against Corporación Andina de Fomento relating to whether he had an employment contract with the organisation.
  • Represented an executive in the negotiation of her exit from Nestlé in Venezuela.
  • Advised Cámara Nacional de Medicamentos Genéricos y Afines (CANAMEGA) on the negotiation of benefits for pharmaceutical employees to maintain continuity in the sector during the pandemic.

Mendoza, Palacios, Acedo, Borjas, Paez Pumar & Cia.

Experienced litigators Alfonso Graterol and Esteban Palacios lead the employment practice at Mendoza, Palacios, Acedo, Borjas, Paez Pumar & Cia., which has a strong track record of representing employers in labour disputes and collective bargaining negotiations. In addition, the team advises the local subsidiaries of major multinationals on day-to-day employment matters and labour due diligence in M&A transactions. Carlos Páez Pumar is also noted.

Practice head(s):

Alfonso Graterol; Esteban Palacios

Key clients

MSD Farmacéutica

Coca-Cola Servicios de Venezuela

BI Worldwide de Venezuela

AON Risk Group

Hotel Paseo Las Mercedes (Inversiones Velicomen)

Distribuidora Alcarin

Grupo Perret

Grupo Formiconi

Juan Van Heel

Real Seguros

Work highlights

  • Assisting MSD Farmacéutica (the Venezuelan subsidiary of Merck, Sharp and Dohme) with local labour matters, including litigation.
  • Acting for Hotel Paseo Las Mercedes in a compensation claim brought against the client by an injured hotel worker.
  • Advising Miranda Capital Partners on labour matters relating to M&A transactions, including salary and benefits, foreign workers and social security issues.

Travieso Evans Arria Rengel & Paz

Travieso Evans Arria Rengel & Paz advises local and multinational clients on labour contacts, benefits plans, foreign workers, and labour compliance, as well as the employment aspects of corporate transactions. On the contentious side, the team is active in collective negotiations and lawsuits. Oscar Ignacio Torres, who is experienced in collective bargaining and litigation, leads the practice. Litigator Hernando Barboza Russian, Pedro Garroni Requesens and Yeoshua Bograd Lamberti are also key contacts.

Practice head(s):

Oscar Ignacio Torres

Testimonials

‘Deep knowledge of Venezuelan legislation and how to carry out business in the complex environment of the country.’

‘Yeoshua Bograd has proven to be a professional with deep legal knowledge and a commitment to following up on our issues, making him a key ally in achieving the company’s objectives.’

Key clients

Ford

Avon Cosmetics

Mondelez

National Oilwell de Venezuela

Del Monte Andina

Stanhome Panamericana

ExxonMobil

Orica

Oracle

Aggreko Venezuela

Work highlights

  • Advised Stonepeak Partners on the labour issues relating to its acquisition of Lumen Technologies.
  • Acted for Stanhome Panamericana in an ongoing dispute over whether the client had a commercial or an employment relationship with the plaintiffs.
  • Acting for Avon Cosmetics de Venezuela in a dispute with a group of around 150 workers which forcibly took hold of the client’s facilities in Guatire.

Araquereyna

The labour practice at Araquereyna is active in collective bargaining negotiations and administrative and judicial labour proceedings. The team also advises clients, including the local subsidiaries of multinational companies, on compliance with Venezuelan regulations on occupational health and safety and social security. Luis Alfredo Araque leads the team, and associate Patricia Lozada Pérez provides key support.

Practice head(s):

Luis Alfredo Araque

Testimonials

‘A very good, well-rounded team.’

Key clients

Turkish Airlines

Domino’s Pizza (Inversiones 937)

Constructora Andrade Gutiérrez

Pizzolante Comunicación Estratégica

UPS SCS Venezuela

Work highlights

  • Advised Turkish Airlines on issues including compliance with health and safety regulations in the workplace.
  • Advising Domino’s Pizza on workplace health and safety measures, as well as other labour matters.
  • Representing Constructora Andrade Gutiérrez in numerous claims for compensation brought by former workers.

ESCG Abogados S.C.

ESCG Abogados S.C.  handles a wide range of employment matters, from litigation and collective negotiations to advice on labour compliance, the hiring of senior executives and the employment aspects of corporate transactions. Its client base spans the food and beverages, entertainment, technology and healthcare sectors, among others. Andrés Carrasquero Stolk  leads the team.

Practice head(s):

Andrés Carrasquero Stolk

Key clients

The British Council

Operadora Gastronómica Ávila

Alimentos Arcos Dorados (McDonald’s)

Fundación Efecto Cocuyo

Multicine Las Trinitarias

CAF Banco de Desarrollo de América Latina

Fondo de Valores Inmobiliarios

HIAS

Godoy Córdoba Abogados

CA Tabacalera Nacional (Phillip Morris)

Consultores e Ingenieros Consein

Fundación Jacinto Convit

Centro Médico Docente La Trinidad

CA Ron Santa Teresa

CPL Air & Sea

SouthGenetics

Supra BT

Work highlights

  • Advising The British Council on labour and compliance matters.
  • Advising Supra BT on the labour-related matters connected to the a project for the outsourcing of technology for a multinational corporation.
  • Advised CA Tabacalera Nacional (Phillip Morris) on labour and compliance matters.

Jurado Blanco & Aguirre (JBA Legal)

Jurado Blanco & Aguirre (JBA Legal) is highly experienced in contentious labour matters, in addition to advising on compliance issues and the negotiation of individual and collective agreements. The practice is led by Simón Jurado-Blanco, who stands out for his advice on contract termination, collective bargaining negotiations and contentious labour matters, and Alexis Aguirre Sánchez, an expert in health and safety issues.

Practice head(s):

Simón Jurado-Blanco Sandoval; Alexis Aguire Sanchez

Testimonials

‘The lawyers that make up this firm have an impeccable track record. We have worked with them for a long time and they have always defended our interests in order to reach good agreements.’

‘Simón Jurado has a great capacity for analysis, and is an expert in labour matters, firm when it comes to solving problems for the company, and very even-tempered in deciding and reaching favourable arrangements for the parties.’

‘Alexis Aguirre is a professional with a background in matters such as occupational health. He resolves issues with an understanding of the current situation in Venezuela, and provides the best recommendations both for the success of our company and to help us reach viable solutions to mitigate risks.’

‘Alexis Aguirre and Simón Jurado are specialists in labour law, and are always knowledgeable about the legal concepts and updates in our sector, solving conflicts in a prompt and open manner. The fees are accessible and there is immediate communication through technological platforms.’

‘What stands out is the team’s honesty, professionalism, ability to immediately solve labour conflicts, assistance in court, and above all their respectful attitude.’

‘The level of expertise and empathy with which they deal with each case are very high, they have a wide network of contacts in specific areas that generates incalculable added value in labour and occupational health and safety cases. They send us notifications and summaries of jurisprudence in an early and timely manner to keep us informed of the latest news and trends.’

‘Empathetic, communicative and proactive. They always approach situations and cases with a 360° perspective, evaluating the pros and cons to make the best decisions.’

‘The team stands out for it knowledge, expertise, mastery of the subject, intellectual capacity and effort. They are expert negotiators. Simón Jurado Blanco’s knowledge of labour matter is extraordinary, and he makes clients feel safe and supported.’

Key clients

Banco del Caribe (Bancaribe)

Sodexho Pass Venezuela

BBVA Banco Provincial

Transporte Marítimo Maersk

Kuehne + Nagel

CA Editora El Nacional

SA Sucesora Jose Puig & Cia

Deli Corporación

Toyocentro

Intertek

LBM Comunicaciones

DHL

Papeles Luciano

Agencia de Viajes Pasarini Suarez

Lior Cosmetics

Strategic Management Service (SMS)

Desarrollos Hoteleros La Castellana

Poscomercial

Work highlights

  • Advising newspaper El Nacional on a labour audit and restructuring, as well as assisting the client in litigation.
  • Representing Kuehne + Nagel in administrative and judicial labour proceedings.
  • Providing ongoing advice on labour matters to Transporte Marítimo Maersk.

Ponte Andrade & Casanova

Advising the local subsidiaries of major multinationals on day-to-day labour issues is a key area of work for Ponte Andrade & Casanova, which is also experienced in employment litigation and collective negotiations with labour unions. Ignacio Andrade Monagas leads the practice with Francisco Casanova, who has notable expertise in social security and health and safety matters.

Practice head(s):

Francisco Casanova; Ignacio Andrade Monagas

Testimonials

‘The team at Ponte Andrade & Casanova is highly professional. It provides prompt responses and, above all,  its advice is faultless.’

‘What stands out is the team’s immediate availability and communication.’

Key clients

Hyland Software

The Walt Disney Company

Zea BBDO (BBDO Worldwide)

Coca Cola Femsa de Venezuela

SC Johnson & Son de Venezuela

Banesco Banco Universal

Banco Exterior

Servicios Panamericanos de Protección (SERPAPRO) (Brinks Group)

Documentos Mercantiles (DOMESA)

Infocent (and its related entity Nomi Sistemas)

Consorcio Lake Plaza

Inversiones Instrumental Atlas

Red Inmobiliaria de Venezuela

AseguraPro Sociedad de Corretaje de Seguros

1001 Ideas para mi País

VINSOCA

Tamanaco Consulting Group

ASAP Venezuela

Work highlights

  • Advising The Walt Disney Company on diversity and inclusion policies in Venezuela.
  • Acting as regional counsel to Hyland Software and advising on the review of its employment policies and protocols.
  • Advising SC Johnson & Son de Venezuela on negotiations with employees over the suspension of shifts for a three-month period.