The labor area is considered as a priority by all companies, because their results depend on the training and labor conditions of their staff. Ibáñez Parkman, S. C., understands the relevance of a healthy relationship between capital and the labor force, reason why we have ample experience in managing labor relationships, both individual and collective, as well as with the Labor authorities, such as the Ministry of Labor and Social Prevision and the Mexican Social Security Institute.
• Preventive and corrective service consisting in the detection of deficiencies in complying with employers' obligations arising from the Federal Labor Law, in the work places, by means of internal auditing.
• Design and implementation of individual and collective labor policies and strategies for the companies.
• Mediation before union organizations in conflicts of a collective nature.LABOR CONSULTING
• Manejo de conflictos o juicios, individuales y colectivos, ante las Juntas de Conciliación y Arbitraje, tanto federales como locales.
• Participación en la estrategia de defensa de sus clientes y su implementación ante las referidas autoridades laborales.
• Preparación de avisos de rescisión de contratos de trabajo; escritos de contestación de demanda; ofrecimientos de pruebas e intervención de su desahogo.
• Preparación de demandas de amparo.NEGOCIACIONES COLECTIVAS
It is considered as one of our most important services, because it allows us to create and prevent, together with our clients (in accordance with their needs and corporate policies), labor and staff management strategies, for the purpose of consolidating productivity, the work environment and the employer-employee relationship within a framework of legality and mutual convenience; in this area, we provide the following services:
• Preventive labor auditing.
• Drafting and execution of individual and collective agreements and internal labor regulations.
• Drafting and registration of training plans.
• Creation, recording and operation of mixed mandatory commissions in accordance with the provisions of the Federal Labor Law corresponding Safety and Hygiene, Training, drafting of the general seniority chart, creation of the Internal Work Regulations and determination of the workers' profit sharing in the company.
• Counseling in specific matters, such as profit sharing, employers' substitution, labor intermediation, and payment of fringe benefits.
• Labor treatment to expatriate personnel to Mexico and their adequate employment. Counseling on the management of Mexican personnel sent abroad to render services.
• Handling of inspections performed by the Ministry of Labor and Social Prevention and adequate handling of inspections in process, as well as the drafting of documents required for such purposes.
• Creation of incentive systems, such as stock purchase options for employees and commission plans based on sales or the implementation of bonus.
• Drafting of social prevision plans (saving plans, retirement pensions) and confidentiality agreements.
• Design of strategies related to the transfer of personnel during corporate mergers or divisions and/or involvement in liquidations or termination of labor contracts and regulation of same. In its case, homologation of benefits.
• Intervention in individual negotiations for voluntary conclusion of labor relationships, as well as their correct regulation and documentation.LITIGATION
This considered as an indispensable service, because at times it is impossible to conciliate the workers petitions with those of the companies, reason by which our firm has an important litigation area, which allows our clients, who foresee possible contingencies on the matter, to hold an excellent position for the protection of their interests, as well as for those clients who have not had prevention policies, so that they can count with a solution strategy for their problems that allows them to hold a solid position in case of a litigation.
• Management of conflicts or trials, both individual and collective, before the Conciliation and Arbitration Boards, both federal and local.
• Participation in the defense strategy of clients and its implementation before the aforementioned labor authorities.
• Drafting of rescission of labor agreement notices, claim answering writs; offering of evidence and involvement for handling same.
• Drafting of appeal claims.SCOLLECTIVE NEGOTIATIONS
Our firm has ample knowledge on the nature and scope of the relationships between companies and unions and with this certainty our clients handle their collective conflicts (whether by execution of collective agreements, revision of same, conflicts of economic nature, etc.), ensured that, in accordance with their needs, the position that allows them an economic and labor viability will be negotiated.
• Drafting of collective agreements for companies, regardless of their activity or corporate objective.
• Counseling and participation in revision negotiations, either integral or on salaries, of the collective agreements of our clients.
• Handing and counseling, both in federal and local jurisdictions, in procedures of strike summons and in conflicts of an economic and juridical nature.SOCIAL SECURITY
The firm provides counseling in specific consultations, such as the elements that integrate the base salary of quotations for payment of the employer-employee fees before the Mexican Social Security Institute (IMSS), and the National Fund for Workers Housing Institute (INFONAVIT); it supports its clients in the execution of agreements with the IMSS and in drafting administrative remedies against the resolutions issued by said institutes, until the final instances.
This area, in addition to being of a preventive nature, allows us to detect possible irregularities in which the company might have incurred and to correct same, in order to initiate a healthy process for the operation of your company, in addition that should there already be a contingency, it allows us to mitigate the possible effects of same:
• Analysis of the selection and employment processes for the company's personnel.
• Evaluation of the existence of possible labor contingencies arising from hiring personnel by the company.
• Review of individual employees labor agreements on each and every one of its types and compliance with the company's obligations for hiring its personnel. To adequate the content of the agreements to the corporate structure of the company, in order to mitigate labor contingencies.
• Review of a correct regulation of the benefits granted including bonus, incentives or commissions, adequate payment and the consequent execution of administrative controls, such as receipts, attendance controls and overtime, among others.
• In its case, review of a correct regulation for the personnel being hired by third parties to perform duties in benefit of some companies and the subsequent analysis of the labor effects of a labor intermediation.
• Review of the integration, recording and operation of the mandatory mixed organizations.
• Review of the collective ordinances, such as the Labor Internal Regulations and the Collective Labor Agreement.
• Analysis of the termination of labor agreement processes.
• Evaluation of possible labor implications on rendering of service agreements executed by the company with individuals or companies and their correct instrumentation.Review of policies, among others, those related to confidentiality in handling the company's information and behavior codes.
SAFETY, HYGIENE AND ENVIRONMENT
As a new way for avoiding medium and long term contingencies, our firm offers counseling that allows the companies and organizations to have avant-garde policies for the prevention of diseases at the workplace, as well as to avoid damages to the environment, because by means of an analysis performed jointly with our clients, we can determine any possible impairment to the employees' health due to the activities performed in the workplaces and the possible environmental impact.