Employment & Pensions

Regardless of the circumstances, the labor practice and the management of the relationship between Companies, employees and the control and/or inspection entities have been a key issue within organizations in order to guarantee the successful and efficiently achievements of the operational goals, but above all, to properly manage their human resources as the most important. For that purpose the design of a labor legal process suited to their main requirements, and, observing the dynamic of the actual regulations, will be required for those Companies interested to know their obligations, actual costs and eventual contingencies related with their activities and their future projects.

Working with CMS Roríguez-Azuero entails working with a team of expert lawyers who will always support you, not only throughout crisis situations, resolution and legal representation, but in the timely and adequate design of preventive and improving strategies. Our labor, social security and migratory team advises domestic and international clients in regards with the issues that may affect their activities in Colombia and abroad: individual labor relationships, due diligence, collective relationships, social security and migratory.

Our services include:

• Provide counsel in the focus areas, implementation of labor policies, and management of individual and collective labor disputes.
• Provide counsel in cases related to labor contracts, labor conditions adjustments, workplace regulations, hiring, dismissals, sanctions, apprenticeships, occupational hazards, labor risk, and, all issues related with the core business.
• Provide counsel in cases related with expats and the integral management of immigration permits and Colombian visas.
• Provide legal representation to the clients in judicial processes, judicial conciliation, as well as proceedings before the administrative authorities.
• Best practice reports to verify the fulfilment of the labor and social security regulations.
• Analysis and estimation of the labor risks related with the acts object of review and, if found, the design and implementation of the corrective and mitigating measures.
• Formalization of the labor relationships and withdrawal or retirement plans.
• Provide counsel and assistance in case of administrative inspection proceedings regarding the payment of social security contributions, pension matters, among others directly related.
• In merger and acquisition transactions, we also develop due diligence processes to verify if the target companies or businesses have adequate compliance programs or if they have specific risks associated with possible responsibilities of the acquirer (successor liability).
• Advising in due diligence operations for potential inspection process carried out by the Unidad de Gestión Pensional y Parafiscales (UGPP) (special administrative entity in charge of the surveillance of the social security and payroll contributions of employers); Advising and legal representation in matters related to the Inspection Process carried out by the UGPP; Advising and legal representation in matters related to Penalty Process carried out by the UGPP; Advising and legal representation in matters related to the recovery and payment process carried out by the UGPP; Advising and legal representation in inspection process for individuals carried out by the UGPP.