Labor

At AVL Abogados, we recognize the importance of labor relations between employers and employees.

We offer specialized support through a team of highly trained lawyers in human resources, committed to providing quality services that can advise both employers and employees.

Our team provides continuous support to senior management, human resources managers, and business owners, offering advanced legal tools in labor matters. This allows us to stay at the forefront of the labor market, ensuring that our clients efficiently meet their obligations and minimize risks. Additionally, we support employees in understanding and asserting their labor rights.

The labor law team focuses on preventive analysis. We aim to ensure that companies fulfill their labor obligations as efficiently as possible, reducing risks and creating fair, effective, and lasting labor processes and mechanisms. In this regard, we conduct an in-depth analysis of labor relations management and, generally, of our clients’ internal processes with their employees. We identify potential risks, suggest better hiring methods or agreements, and establish a framework that best regulates their human resources.

We provide legal opinions in the labor law field on any inquiries, which always seek to prevent conflicts and ensure decision-makers understand both their obligations and worker’s rights.

AVL Abogados has a team with negotiation and advisory capabilities to offer efficient and responsible solutions, representing our clients in processes such as approval procedures, personnel selection, internal disciplinary management, policy and organizational culture reviews, administrative procedures with the Ministry of Labor and the Ecuadorian Institute of Social Security (IESS) [Ministerio del Trabajo e Instituto Ecuatoriano de Seguridad Social], as well as in litigation and general labor matters.

Our unique strength lies in our understanding that the core of a company is its human resources. Thus, we offer legal advisory services that emphasize the importance of effective labor relations management to achieve successful development.

The labor law area at AVL Abogados is distinguished by its legal advisory services with a special focus on conflict prevention and risk identification for the client.

In this regard, we have a deep understanding that each business sector and industry is distinct, requiring specialized and personalized labor advisory services. We also leverage our extensive knowledge of labor regulations, which apply specifically to certain sectors. Furthermore, we strive to deeply understand the needs and goals of our clients with the mission of delivering high-quality service tailored to their requirements. In-depth and up-to-date technical knowledge is essential to our practice, ensuring that our decisions and work are of the highest quality.

Our team has significant experience in the labor field. We work with small, medium, and large companies in Ecuador, which allows us to thoroughly understand the main challenges they face and develop enduring and efficient solutions.

We stand out for our high adaptability, which allows our team to adjust to new challenges and changes in the labor environment. Additionally, our team can solve problems efficiently and creatively, aiming to think outside the box and proposing new ideas that drive our clients’ progress. Moreover, our negotiation skills enable us to resolve all types of labor conflicts and reach mutually beneficial agreements for all parties involved.

Our team of labor law experts combines these strengths and is well-prepared to face challenges, achieve objectives effectively, and maintain long-term cohesion and motivation.

Learn about our firm's notable cases

  • Implementation of Labor Measures During the COVID-19 Pandemic: We advised our clients on the implementation of emerging labor measures due to the pandemic, including the incorporation of remote work.

  • Retirement Assistance: We provided mediation services for retirement processes for several workers.

  • Termination of Personnel: We conducted the termination of personnel, considering contingencies and risks (including employees with disabilities and critical health declarations).

  • Sponsorship and Defense in Labor Lawsuit: We represented and defended a case involving a former employee who filed a lawsuit for unjust dismissal. The employee was reinstated in her position through a contract formalized in the judicial ruling.

A labor lawyer is essential in several situations:

  • A labor lawyer is crucial when there is a lack of knowledge about labor laws or when new labor legislation is enacted, and its implementation is unclear.

  • If you need to assess the labor status of a business or venture, a labor due diligence analysis is key. This analysis helps identify risks, contingencies, and opportunities for improvement and can be applied in judicial processes to understand case situations and develop potential strategies.

  • Any individual or collective labor conflict requires legal advice. Conflicts may arise from issues such as termination of employment, approvals, payment of overtime, occupational diseases, leave or vacation, compliance with internal work regulations, and occupational health and safety regulations.

  • Legal advice is also valuable when seeking to enhance conditions for employers or employees. This includes reviewing contracts, approving special work schedules, managing employer retirement, selection processes, affiliation support, profit distribution, and drafting non-compete and confidentiality agreements, among other policies.

When is a Labor Lawyer needed?

  • A labor lawyer is essential when there is a lack of knowledge of the law or when a new labor law is enacted, and it is not known how to implement it.

  • On the other hand, in case there is a need to have a determination of the labor status of an enterprise, a company or business, a labor due diligence analysis is key, since this information allows determining risks, contingencies and opportunities for improvement among others. This same due diligence analysis can be carried out in legal proceedings to understand the status of the case and potential strategies.

  • Additionally, any type of individual or collective labor conflict requires the advice of an attorney. Disputes may arise over termination of the labor relationship, approvals, payment of overtime, occupational illnesses, leaves or vacations, compliance with the Internal Labor Regulations, Occupational Health and Safety Regulations, among others.

  • Likewise, when labor counseling is required to improve the situation of the employer or employee. We provide advice on contract review, approval of special work schedules, management of employer’s retirement, selection processes, support in affiliation processes, profit sharing, non-competition agreements, confidentiality and different policies.

Services Provided by AVL Abogados in Labor Law:

  • We offer support in the processes of hiring personnel based on the needs and planning of human resources. We develop employment contracts tailored to the industry or economic sector of our clients and handle all legal coordination until the employee is integrated into the business and registered with the Ministry of Labor and the Ecuadorian Institute of Social Security (IESS).

  • We assist with hiring personnel, including both national and foreign citizens, and handle special cases such as labor subrogation.

  • We provide advisory services on the development and implementation of compensation policies, utilizing various systems including fixed, variable, and participation in the business’s equity.

  • We offer guidance on occupational health and safety, including the drafting and legalization of safety and hygiene regulations and risk prevention policies.

  • We support the processes of affiliation with social security and private insurance.

  • We advise on the ongoing obligations of employers and special requirements, such as the treatment of pregnant employees, people with disabilities, foreign citizens, workplace accidents, and occupational diseases.

  • We assist with hiring personnel under fixed-term contracts for specific projects, complementary activities, specialized technical services, restructuring processes, and mergers.

  • We ensure the continuous updating of legal developments and relevant labor regulations.

  • We review and prepare settlements and termination records for the end of employment relationships.

  • We prepare and support retirement processes and dealings with the IESS.

  • We draft and negotiate non-compete and confidentiality agreements with employees.

  • We advise in the approval of special work shifts and schedules.

  • Establishment of policies for employee settlement payments.

  • We handle the payment of liquidation payments after termination of an employee.

  • Review and analysis of labor law judicial processes.
  • Handling of disciplinary approvals.

  • Filing of complaints with the Ministry of Labor and IESS.

  • Mediation in labor disputes.

Defense and representation in labor and constitutional lawsuits related to labor matters.

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