Labor & Employment

Consultancy

We are experts in preventive counseling. Sanchez & Salegna always use simple and straightforward language. Our firm offers practical advice to decision-makers on human resources.

Litigation

Sanchez & Salegna is probably the nation's leading corporate labor litigation law firm. We defend our corporate clients, before all the authorities, in all cases.

Negotiation

Our firm is expert negotiating collective agreements and other negotiations with unions. Our lawyers always maintain a firm but a cordial attitude with the unions.

Training

Sanchez & Salegna develops the knowledge and skills to serve our clients' operations. We train our client's staff team with a practical and simple approach.

FAQs

 

What is a dismissal?

Whatever the cause of the dismissal, the employee can always file a claim before the courts, and it will be the corresponding judge who will decide whether the dismissal is fair, unfair, or null and void.

The period to file a claim is 15 days from the date of dismissal. The term begins when the employment relationship definitively comes to an end.

The law requires that the dismissal be made in writing, by means of a letter stating in detail the reasons for the dismissal.

What sanctions can the employer impose?

The employer's power to sanction the employee is based on the disciplinary power granted by law.

They may consist of simple warnings, sanctions, or may even result in dismissal.

Can the employer modify the working conditions?

The working conditions may undergo modifications during the course of the employment relationship. Such modifications may be substantial or non-substantial.

Non-substantial modifications can be applied by the employer by virtue of the power of direction and organization granted to him by law, without following a specific procedure, while substantial modifications can only be carried out by agreement with the employee.

What is salary?

A salary is considered to be the total economic benefits received by workers in cash or other benefits for the rendering of labor services as an employee.

The salary is set freely, but cannot be less than the minimum established by law or collective bargaining agreements, and must respect the principles of non-discrimination and equality.

The salary is divided into ordinary salary and extraordinary salary. For purposes of employee benefits, only the ordinary salary is to be taken into account.

How can employees be assigned?

The assignment of employees takes place when one company (assignor) assigns employees to another (assignee).

The law provides the conditions for an assignment to be legal. Whether legal or illegal, the working conditions and salaries of the employees remain unchanged.

Our legislation establishes that the employers, transferor and transferee, who intervene in the illegal transfer, will be jointly and severally liable for the obligations contracted with the workers and with the Social Security.

What is harassment at work?

Harassment at work consists of a series of behaviors carried out within the scope of the employment relationship, the purpose of which is to make the targeted employee leave the job.

The harassment can come from the employer or from another hierarchical superior, and even from another employee of the company with the same or lower professional category than the harassed worker.