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LABOUR & IMMIGRATION

Posse Herrera Ruiz

Barranquilla, Colombia
+2 other locations
  • Bogota, Colombia
  • Medellin, Colombia
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Deals

CARCAFÉ

1.       We have advised our client Carcafe in an appeal against a ruling that forced the reinstatement of a worker and the payment of salaries and a compensation for firing without just cause.

The appeal was ruled in favour of our client, thus freeing them from the obligation to pay out the initial amounts and from having to reinstate the worker.

 

2.       The firm advises Carcafé with regards to all the stages of the administrative investigation and collection action against the client, initiated by the largest Pension Fund in Colombia, in connection with a pension liability that amounts to approx. USD 300,000.

During the process, we have assisted the client structuring its defence before the authority and reducing the amount of the pension debt over the years.

SYNGENTA S.A.

We have advised Syngenta in a harassment case in which an employee sought to be reintegrated to its former job, alongside trying to have the benefits, such as medical insurance, food aids, and other benefits, recognized as part of the salary and thus integrated in the calculation basis for the severance payment.

Our client was declared not liable as we were able to prove that there had been no harassment and the benefits were not included as part of the salary, so the company did not have to make further payments to its former employee.

ASCENSORES SCHINDLER

We have advised Ascensores Schindler in the collective bargaining agreement that ended with the signing of a collective agreement between the labour union Sintralbe and our client.

Failure to reach an agreement could have ended in an arbitration tribunal or in strike action.

 

HCL TECHNOLOGIES

We have advised HCL Technologies in the labour matters associated with its acquisition of a Colombian company, including substituting the employer of record for all employees of the acquired company.  The company had around 250 employees.

MARKEL INTERNATIONAL SERVICES LTD.

The firm advised Markel International Services LTDA, a U.S.-based insurance and investment firm, on the winding down of its Colombia office, which entailed assisting Markel with crafting and managing the retirement plans for its Colombian office’s entire workforce.

In contrast with other retirement plans, this was coordinated at different levels one year ahead to reduce the workforce according to plan and guarantee a smooth transition in the business to date.

Organigram

Team Services

Posse Herrera Ruiz provides legal advice and assistance on labor and employment matters, including labor and social security law and regulations, compliance, labor due diligences, labor litigation and administrative hearings, compensation plans and management of expatriate staff. The firm also provides assistance in obtaining work permits, residency and other immigration matters.