Opening a Business and Hiring Workers in Latin America Wednesday, April 14, 2010 © Employment Law Alliance
Introduction -2- © Employment Law Alliance
Presenters Juan Carlos De La Vega, Moderator, Santamarina Y Steta, Monterey, Nuevo Leon, Mexico Liz Gordilla Anleu, Arias & Muñoz, Guatemala, Guatemala Roberto Argüello, Arias & Muñoz, Managua, Nicaragua -3- © Employment Law Alliance
Presenters Anna Karina Jiménez, Arias & Muñoz, San José, Costa Rica Diego S. Kelly, Marval, OFarrell & Mairal, Buenos Aires, Argentina Vilma Toshie Kutomi, Demarest e Almeida Advogados, São Paulo, Brazil -4- © Employment Law Alliance
Presenters Luis Esteban Palacios, Palacios Ortega & Asociados, Caracas, Venezuela Jessica Handal Segebre, Arias & Muñoz, San Pedro Sula, Honduras Enrique M. Stille, Marval, OFarrell & Mairal, Buenos Aires, Argentina -5- © Employment Law Alliance
Important Legal Requirements What are the most important legal/employment requirements when opening a new facility or office? Registration at the different public institutions Preparing/filing employment contracts at the Ministry of Labor or any other public institution Work rules, hand books or other employment related documents Are unions an aspect to consider? Immigration permits -6- © Employment Law Alliance
Establishing Relationships Establishing successful employment relationships with local executives and workers -7- © Employment Law Alliance
Local Labor Costs Local labor costs and minimum legal requirements: Mandatory compensation and benefits Vacations Christmas bonus Notice Severance Salary in-kind Other benefits Who is and is not exempt from these requirements -8- © Employment Law Alliance
Avoiding Conflicts Avenues for minimizing personnel conflicts that might otherwise arise: Employment at will and some exceptions Written employment agreements/burden of proof on the employer/language in the agreement and for instructions Expats: do they need to be included in payroll? Unions Internal policies vs. Internal Labor Regulation -9- © Employment Law Alliance
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