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Specialty areas

Barreto Advogados & Consultores Associados provides legal advisory and litigation services related to Labor Law throughout Brazil.
Among these services, the following stand out, for instance:

Consulting

Advice on Labor Law and strategic labor consultancy including, among others, the following activities:

  • Drafting opinions on Individual Labor Law, Collective Labor Law, Trade-Union Law, and International Labor Law; support to changes in HR practices; reassessment of HR policies; expatriates (entry and departure of Brazilian workforce); offshore and onshore work (Law No. 5811/72); maritime and waterways work; hiring and transferring Brazilian and foreign employees abroad; Occupational Health and Safety issues; development of Voluntary Dismissal Program (locally PDV)
  • Drafting, proofreading, and updating Labor Agreements and other related documents, such as: Amendments, Transfer Agreement, Confidentiality Agreement, Non-Competition Agreement, Permanence Agreement, Time Compensation Agreement, Agreement on Inventions and Patents, Preventive Litigation Transaction and other covenants, Agreement for the Purchase and Redemption of Stock, and other instruments that may be necessary according to the clients’ demands
  • Restructuring of staff
  • Analysis and review of incentive and variable compensation policies
  • Designing and conducting Courses and Seminars in Labor Law to guide professionals in the field of human capital management
  • Advice on dismissal of local and expatriate employees
  • Outsourcing of services in ancillary and target activities
  • Advice on dismissal of senior employees (executives)
  • Drafting documents and internal rules

Litigation

Labor litigation (Individual and Collective):

  • Monitoring of procedures
  • Drafting procedural papers
  • Attendance at hearings
  • Oral arguments before the Regional Appellate Labor Courts and Superior Courts (TST and STF)
  • Preparation of defense and appeals in individual actions filed by workers, former executives, commercial representatives, self-employed professionals, among others; actions with multiple plaintiffs; Class Actions filed by Trade Unions; Public Civil Actions filed by Trade Unions before the Labor Prosecution Office; preparation of all procedural documents necessary to carry out labor actions
  • Preparation of all actions that are pending before the Labor Courts, such as: Writ of Mandamus, Action for Relief from Judgment, Collective Disputes, Fact-finding to investigate a Serious Violation, Actions for Payment into Court, among others.

Administrative

Administrative litigation in Labor Law (Individual and Collective):

  • Preparation of defense before the Regional Labor Superintendence and the Labor Prosecution Office
  • Preparation of Conduct Adjustment Terms (locally TAC) before the Labor Prosecution Office
  • Preparation of Annulment Actions for Notices of Violation and requests before the Supervisory Agents
  • Monitoring of Inspections and/or Supervision of Onshore/Offshore Labor
  • Participation in Mediations before the Regional Labor Superintendence (locally SRT)
  • Participation in hearings before Dispute Resolution Committees (locally CCP)

Collective Labor Law

Collective bargain with Trade Unions, considering all its consequences, such as:

  • Analysis of the claim issues
  • Preparation of Collective Bargaining Agreements
  • Preparation of Collective Labor Agreements
  • Participation in meetings with Trade Unions, Federations, and Confederations
  • Filing of Collective Disputes
  • Preparation of requests before the Regional Labor Superintendence (SRT)
  • Preparation of requests before the Labor Prosecution Office
  • Participation in round-table discussions before the SRT
  • Drafting Profit Sharing Agreements (locally PLR)
  • Drafting Compensatory Time Agreements

Support to HR Management

  • Support to HR/IR professionals in their daily work
  • Analysis and review of Career and Salary Plans; Staff categorized by Career; Internal Policies (admission, dismissal, and transfer of employees); Compensation and Fringe Benefit Policies, and Private Pension Plans
  • Drafting and reviewing services agreement entered into between legal entities, commercial representatives, individual taxpayers (self-employed professionals), companies providing temporary labor work (Law No. 6019/74) and service providers (Precedent No. 331, IV, of the TST), in compliance with the new legislation and others
  • Analysis and review of onshore and offshore working conditions (working arrangements)
  • Training for prevention and reduction of occupational risks
  • Analysis and advice for resolving conflicts between workers and employers

Legal audit

  • Labor Due Diligence
  • Analysis and quantification of labor liabilities
  • Assistance in operations involving multiple companies, such as mergers, acquisitions, and corporate restructuring
  • Detection of good and bad HR practices
  • Suggestions for mitigating occupational risks and labor liabilities