• Labor and Employment

    The services offered by Bensons Clark's Labor Law team are based on a wide range of labor advisory services, focused on generating value through the accompaniment of our clients, seeking to protect and optimize the human resources of the companies, minimizing labor risks.

     

    Our services include:

     

    • Hiring and outsourcing: advice on labor hiring and remuneration structures // Preparation and review of employment contracts and outsourcing of human resources.
    • Remuneration and compensation: review and preparation of social benefits settlements.
    • Working hours and shifts.
    • Disciplinary management: assistance to Human Resources Management in disciplinary processes (summons to  discharge diligences, attention calls, letters of dismissal with or without just cause).
    • Internal regulations and codes of conduct. Review and update of internal work regulations and codes of conduct.
    • Prevention of workplace harassment
    • Social Security.
    • Diagnosis of labor practices and establishment of mechanisms for legal protection.
    • Legal advice and representation in labor claims and workers' complaints, as well as administrative requirements and investigations conducted by the Ministry of Labor.
    • Advice and representation in possible requirements and administrative investigations carried out by the UGPP.
    • Labor document audits: review of workers' folders (training, inductions, functions, medical exams, delivery of equipment, social benefits payments, affiliations with health care entities, etc.).

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    Success Stories

    We successfully represented the employee of a company in the footwear sector who was terminated without just cause. The defendant company argued that the employee did not attend the scheduled trainings. Our firm was able to demonstrate that such trainings were scheduled, but outside working hours, which means that they were not mandatory. The Court sentenced this company to pay the workers' compensation for dismissal without just cause and the due labor credits.

    After our firm filed several labor lawsuits requesting the declaration of the labor relationship, payment of claims and indemnities, as a result of the termination of "association agreements" with the "associates" linked through this figure by "commercial offers" between AVIANCA, COOPAVA and SERVICOOPAVA, we were able to conciliate in favor of our clients achieving the payment of their claims.

    We represented an employee of GRUPO EMPRESARIAL EN LÍNEA S.A. in which, through a lawsuit, we achieved that a Judge of the Republic, by means of a law judgment, recognized that between the plaintiff and the company there was an employment relationship. The ruling was confirmed by the Superior Court of Bogota, labor court, which recognized that between the company and the plaintiff, there was an employment contract with all the benefits that an employment relationship implies and sentenced the employer to pay the labor claims.

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