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Franco Herrera

Associate
Lawyer

Contact
T +51 1 513 9430
CMS Grau
Av. Santa María 110
Miraflores, L18
Lima
Peru
Languages Spanish

Franco Herrera is an Associate at CMS Grau since 2012 and specializes in Labor Law, Procedural Law, Labor and Social Security. In the exercise of his profession Franco provides legal advice in the matters of his specialization to various companies, both domestic and foreign, and exercises their defense in the litigation of which they are a part, both at the administrative and judicial proceedings. He has experience in the care of individual and collective labor claims, as well as in the recruitment of national and foreign workers.

Frank Herrera has advised various companies in the private sector, in areas such as the retail, energy sector, telecommunications and mining.

 

During the years that Franco has been part of CMS Grau, he has advised relevant companies of Peru, participating in the elaboration of the strategies of defense for judicial and administrative processes of the clients. He has also participated in the development of labor planning that are suited to the interests of the clients, as well as in labor audits to identify the high points of the companies that has advised.

 

Before CMS Grau, Franco worked as an Associate at Estudio Gálvez & Dolorier Abogados in the labor, litigation and social security area. During the years that Franco formed part of Gálvez & Dolorier Abogados he served in the area of labor, advising various companies in the public and private sector, directly participating in administrative and judicial proceedings of the portfolio of clients that was assigned to him.

 

We look for clients that have a considerable group of workers, which in addition can be able to rely on trade unions to engage in collective bargaining, as well as in judicial and administrative proceedings before the Labor Courts and the Administrative Labor Authority.

Within the most common problems and challenges that are identified in these companies are the inadequate management of human resources, as well as the labor climate, taking many times to restructure the staff area, apply disciplinary sanctions to workers who do not comply with the provisions of the companies, and structuring of advocacy strategies to deal with the judicial and administrative processes that may initiate such workers.

We try to provide our clients with a low-cost solution, it will not affect their budgets, and of immediate application, without affecting the labor discipline, or the productivity of workers.

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Relevant experience

  • Saga Falabella S.A.: Franco has been involved in the judicial processes initiated by the Board of Directors of the Union, as well as in those initiated by its affiliates in the administrative and judicial proceedings. Franco comes absolving regular consultations from the area of human resources of the company and providing advice in the preparation of draft letters, contracts and other documents of nature of work in general
  • Pan American Silver Peru S.A.: Franco has participated in the preparation of the defense structure to deal with the various judicial processes that keeps the company, in addition to provide permanent assistance to the acquittal of various consultations of labor nature.
  • Emerson del Peru S.A.C.: Franco has participated in the identification of contingencies in the area of holidays for the staff, developing a planning to reduce the costs arising from payment of such concept. He has also advised the company on various aspects of employment, participating in all judicial and administrative processes that it currently maintains.
  • KLM, Royal Dutch Aviation Company: Franco participated in the identification of contingencies and risks arising from outsourcing contracts concluded by the company, preparing all the documents needed to agree on the termination of the employment relationship with the staff of the contractors, giving priority to the interests of KLM. In the same way, Franco is advising the company on various aspects related to the management of staff, in order to avoid labour contingencies.
  • Shell Lubricants del Peru S.A.: Franco has participated in out-of-court settlements with the staff of the company, which maintained employment judicial processes, advising the company throughout the negotiation process and preparing all the documents to enable the successful conclusion of the judicial processes.
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Education

  • 2016 – Pursuing a Master's Degree in Labor Law, Universidad San Martín de Porres
  • 2012 – Post Graduate Diploma of Labor Law, Pontificia Universidad Católica del Perú
  • 2010 – Law Degree, Universidad de Lima
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Memberships

  • Lima Bar Association (CAL)
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Lectures list

  • 2017 – Participation as a speaker at the Hiring, Disciplinary Sanctions and Decoupling Seminar, organized by the Magazine IUS ET VERITAS of the Pontifical Catholic University of Peru.
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