• Area
  • Labor, Employment and Social Security

Finocchio & Ustra’s labor department is a reference in strategic legal advisory and litigation, and our performance focuses on the challenges of the corporate world. We value an interface between litigation and advisory as a way of catalyzing opportunities and improving labor law-related routines and practices seeking to make our clients’ growth in business easier with proximity, agility, availability and objectivity.

We engage in labor law litigation both in court and in the administrative sphere in a planned, customized manner, with a focus on result and on structuring data.

Our advisory department is driven to provide our clients with assertive legal opinions, legal solutions that are effective and with alternatives that either minimize or mitigate the risk of litigation in both labor law or social security fields, based on corrective or preventive proposals.

We have extensive experience in collective negotiations and in conducting collective bargaining processes, while our practice also encompasses corporate operations (M&A) to assess labor law-related liabilities. 

Our labor law Compliance team has a multidisciplinary approach that ensures differentiated results that include a strategic planning for (fixed and variable) compensation based on customized strategies designed to reduce social security and tax burdens, thus enabling savings and financial efficiency.

In the social security field for companies, we offer a comprehensive approach for companies seeking to optimize payroll charges. Our solid expertise in contributory diagnosis, social security compliance and detailed review of payroll and e-Social [a government online bookkeeping of social security information] items, our team is prepared to identify any inconsistencies and opportunities seeking credit recovery.

Our practice area has qualified professionals and is dedicated to each client, thus ensuring full control of their respective realities and delivery of the best results. 

 

Among the main areas of activity, the following stand out:

  • Legal opinions (on labor law and social security topics);
  • Labor law & Social Security compliance and planning (HR routines, Payroll, social security classification – RAT [workplace risk], FAP [accident prevention factor] and FPAS [social security and social assistance fund], and SST [occupational safety & health]);
  • Social Security & Payroll Deductions diagnosis;
  • Preparation and review of internal regulations and policies (remuneration, awards, benefits), including adaptation of foreign documents to the Brazilian legal system;
  • Senior executive compensation plans (Stock Option – SOP);
  • Variable remuneration plans (awards, bonuses, allowances, profit sharing, among others);
  • Recruiting foreigners (expatriates and repatriates);
  • Labor Management/Compliance Committee;
  • Committee for the Management of Employees on Leave/Occupational Health and Safety;
  • In-Company Lectures and Training;
  • Diagnosis of third-party contracts (social security deductions and INSS withholding);
  • Opportunities for recovering social security credits arising from labor claims;
  • Opposition to FAP [accident prevention factor];
  • Adapting HR routines and procedures to the General Data Protection Law (LGPD);
  • Advisory on union relations;
  • Strategic litigation in court and administrative spheres;
  • Litigation of repetitive arguments used in claims;
  • Engage in suits filed by the Public Labor Prosecution Office (MPT) and demands originating from the Ministry of Labor and Social Security;
  • Programs for liability reduction/review of provision for labor-related costs;
  • Mapping root cause/Customized management reports;
  • Legal audits/advisory and support in M&A operations and other interdisciplinary work;
  • Support in filling out the eSocial with information concerning labor processes.

Partners and Area Coordinators

Partner | VERIDIANA POLICE