LAMERG Meeting: Miami

This Miami meeting will allow US-based individuals to benefit from the LAMERG network. Agenda topics include:

• Upcoming elections in Latin America – Juan Carlos Varela, the Latin America Practice Leader for Littler Global, will provide an update and insight on this year’s election season.  Brazil, Colombia and Mexico are the highest-profile events, and he will also provide his expert view on Venezuela.

• Investigating and resolving corruption allegations in Latin America – Jim Philbin from  Philbin Law will be sharing his experience identifying and finding solutions to corruption situations.  He personally led inquiries into several Latin America corruption cases, and brings deep knowledge regarding OFAC and FCPA matters.  Jim was previously General Counsel with Maersk based in the U.S.

• Brazil and Argentina – What does the new flexibility mean for employers, and what are companies doing to convert the potential into reality? Among the most important in Brazil are outsourcing options, revised employment agreements for high level employees, and the new requirement for employees to authorize the deduction of Union dues.  Brazilian attorneys Renata Neeser of Littler Global and Marilia Minicucci of Mattos Engelberg will share their advice on steps companies should be taking now to prepare for the changes. Argentina’s changes are more modest but still important, and include the revised mandatory retirement age and significant changes in employment complaints and litigation.

• Chile – former President Bachelet’s labor reforms provided major benefits to the Unions, and one of impacts was the prohibition on extending improvements in terms and conditions to non-Union employees.  The Supreme Court ruled that the requirement was unconstitutional, but there remains a requirement to secure the Unions’ approval to extend the changes.  We will discuss several different approaches employers have taken. Additional changes are expected with newly sworn in President Pinera given his strongly conservative background and the preliminary cabinet appointments.  While he currently lacks the legislative mandate to change the laws, there is an expectation that administrative appointments may create some additional flexibility.   

• Mexico – the constitutional changes to implement ILO conventions 98 and 87 were enacted in February 2017, with a requirement for the laws to be in place by February 2018.  The new regulations are not yet available, and we will be discussing how companies are dealing with the uncertainty and expectations for next steps by the government.