Labour Law

We are present in the cities of São Paulo, Guarulhos, São Bernardo do Campo, Santo André and Osasco, and have a strong presence in the regions of Campinas, Jundiaí, Sorocaba and Santos (Baixada Santista).

We see Labor Law as an instrument of Justice, we hold ethical principles and believe that strategic thinking is the best weapon in advocacy. If you would like to know more about our values and principles, visit our profile in the legal profession.

The best labor lawyer

In our philosophy, the best labor lawyer has excellent technical preparation, a humanistic profile, and believes in his or her own transformative potential. It is easy to link statistics and cold colors to the corporate environment, but in truth it is FLESH-AND-BLOOD PEOPLE who make the magic happen—people who spend more time with co-workers than with their own families and who deserve to be part of strategic planning. Therefore, even from an economic standpoint, it is highly desirable that their relationships are also understood from a human perspective—one of the most neglected facets of Labor Law.

The corporate environment has much to gain from law firms that dedicate themselves to understanding its day-to-day problems directly, without intermediaries. We do this for practical reasons: knowing the dynamics of the companies that trust our work allows us to devise winning solutions and, at the same time, prevent new disputes. We go beyond advisory support and labor-court litigation, using the opportunity to enhance your BUSINESS INTELLIGENCE system. In return, this helps us achieve our goal as your company’s partner: RESULT-ORIENTED ADVOCACY.

Our Labor Law Practice is the result of the collaboration of two distinct centers that operate with different systems:

a) Corporate Labor Law Practice – we represent the employer-defendant in mass labor litigation and in strategic cases; and

b) the representation of plaintiffs and defendants (employees and companies in medium- and high-level strategic cases, whether in the Labor Courts or in mediation and arbitration chambers;

We also have the collaboration of Dr. Mariângela Lopes, labor lawyer (photo) with many years of experience before the courts and in the HR departments of large companies.

Our collaborators share the same core values and very similar stories. Our team comprises lawyers who know Labor Law inside and out, after long professional experience on the very stage where labor disputes arise—the day-to-day life of corporate HR. This places them in a position of advantage that is clearly reflected in their performance in court.

Labor Law Firm – Protecting Employee Rights in Strategic Cases

Our team of labor lawyers specializes in representing professionals in mid- and senior positions in the private sector—creative-area professionals, roles requiring specific expertise, skilled workers, executives in management or director roles, etc.—always in strategic demands that require the personal attention of a specialized labor lawyer.

Many of the problems affecting mid- and senior-level employees in large corporations involve moral harassment, stemming purely from interpersonal relations on the team. These are situations where the employee is subjected, by the employer or its agents, to psychological violence: humiliation, needless public embarrassment, disproportionate pressure for results, persecution, discrimination, and the like.

Sexual harassment is another serious corporate problem that causes enormous harm to the company and—above all—to the victim’s psychological well-being. It affronts personal dignity, honor and sexual freedom and is criminalized in Article 216-A of the Penal Code.

Equally important are the moral and material damages linked to attacks on an employee’s honor and reputation, whether work-related or personal—conduct that can inflict enormous harm on a professional career. The higher the position within the organization, the greater the potential damage caused by ill-considered acts or statements.

Clauses imposing non-compete restrictions and/or confidentiality are constant and growing sources of litigation in our Labor Courts, increasingly affecting executives and tech-driven companies.

Most conflict situations arise when the employment bond ends. In any such situation, balance can be restored through a labor claim, which is nothing more than exercising the employee’s right to sue the employer in the Labor Courts or via arbitration.

The situations in which we most often act in strategic labor matters are:

• Moral Harassment, Discrimination and Bullying
• Equity and Equal Opportunity, Diversity and Inclusion
• Disciplinary Procedures
• Moral and Material Damages
• Mobility: Transfer Abroad or to Distant Cities
• Schedule Flexibility, Smart Working and Home Office
• Bonuses, Incentives, Awards and Profit-Sharing Quotas
• Health, Well-Being and Safety
• Restrictions on Work for Competitors and Protection of Confidential Information
• Privacy and Social Media
• Temporary Transfers to Other Group Companies
• Consultancy Contracts
• Training

Other day-to-day labor-law issues that can potentially affect any employment contract (not specific to the strategic segment) are:

• Work Accident;
• Lawsuits for Compensation Arising from Work Accidents and Occupational Diseases;
• Issues Related to Hiring without Employer Obligations Being Met;
• Dismissal of the Employee with Cause;
• Dismissal of the Employee without Cause;
• Proportional Notice Period;
• Calculation of the Correct Severance Amount and Unemployment Insurance;
• CIPA;
• Hiring of Foreigners;
• Cooperatives;
• Job Misclassification;
• Double Shifts and Illegal Overtime;
• Domestic Employee;
• Salary Equalization and Reclassification;
• Vacation, 13th-Salary and Prior Notice;
• Severance Indemnity Fund (FGTS);
• Compensation for Moral and Sexual Harassment;
• Hazard and Danger-Pay Allowances;
• Irregularities in the Employment Contract;
• Dismissal with Cause;
• Maternity and Paternity Leave;
• > Penalty for Late Payment;
• Labor Claims in General;
• Employee Reinstatement;
• Paid Weekly Rest;
• Termination;
• Temporary Work;
• Night Work – Night Differentials;
• Transportation Allowance;

Corporate Labor Lawyer – Advocacy Focused on Employer Defense

Our work as a labor-law firm for companies unfolds in mass litigation, strategic cases and preventive actions.

In this context, a labor lawyer’s role is threefold: a) assist companies in defining human-resources policies; b) prevent labor disputes or secure effective defense when they arise; c) ensure ongoing compliance with labor laws to avoid future litigation.

To that end we act directly on the following aspects:

• Labor Judicial Litigation
• Arbitration, Conciliation and Mediation;
• Labor Aspects from Acquisitions, Mergers and Spin-Offs, Business Concentrations, Transfers of Establishment and Other Corporate Reorganizations;
• Labor Legal and Procedural Audits;
• Labor Defenses in Judicial, Administrative or Arbitration Proceedings;
• Collective Bargaining and Management of Collective Disputes;
• Creation of Collective Worker-Representation Structures, Including Works Councils and Worker Committees;
• Definition of Remuneration and Benefit Plans;
• Individual and Collective Dismissals, Including Lay-Offs and Elimination of Job Positions;
• Immigration Law, Including Hiring and Secondment of Non-EU Foreign Workers and Work-Visa Applications, among Others;
• Drafting Contracts for Staff Recruitment;
• Salary Equalization and Labor Benchmark;
• Overtime;
• Organization of Working Time, Adaptability Regimes, Hour Banks, etc.;
• Disciplinary Procedures;
• Social Security, Including Early- and Pre-Retirement Schemes;
• Temporary and Permanent Transfers, Individual and Collective, of Workplaces;

Labor-Law Specialist Lawyer – contact – E-mail contato@mariosolimene.com – phones (11) 3079-1837 or (11) 3071-0918. Public service hours: Monday to Friday, from 10:00 a.m. to 6:00 p.m.