Collective Bargaining

FLÁVIO OBINO Fº ADVOGADOS ASSOCIADOS, as it can be verified through the relation of its main customers, develops significant performance in the enterprise syndical area, all over the country.

Our professionals act in all the procedures of the collective bargaining, assisting employers assemblies where labor claims are examined laboring and clauses of interest of the economic category are approved; composing, preparing and leading groups of negotiation; participating at round tables; and writing the instruments of successful negotiations.

Identical advising is given to the companies which are involved in procedures of collective bargaining.

The collective labors litigious consequently occupies significant share of the works  rendered by the Firm.

According to available statistical data in the TRT/4ª Region (Rio Grande do Sul), the professionals of our Firm acted in approximately 40% of the restored processes of collective dissensions on that Court.

These data, undoubtedly, place the organization in first place in what concerns the collective bargaining and labor litigious in the State of Rio Grande do Sul. 

Grievance Processing

The law resembles a living organism in constant change. So that, in what concerns Labor Law these modifications are still more frequent. The continuous alterations of the intercategories collective rules (agreements and collective conventions and sentences in processes of collective dispute) and the edition of labor protective norms, almost monthly, imposes the exclusive devotion by the professional working with the Labor Law.

We frequently use, to illustrate the problem of the lack of specialization in legal-labor matter, what we call "the morphine problem" (denomination adopted under in similar circumstances by ALVIN TOFFLER). The fidgets of legal order which come across the companies in general are more varied. In what concerns labor law matter, the non-specialized professionals, in most cases, remind doctors on duty and prescribe the same remedy for all the patients - morphine for everybody - either being the problem a broken leg or a cerebral tumor.

Only the lawyer accustomed with the daily routine of the labor law, who searches for constant updating, will have conditions to apply the correct remedy in the accurate dose to stanch the identified problem.

In this direction, we developed in our office a department specialized in preventive labor law and labor individual litigious. The valuation of the individual litigious passes necessarily for the well-known specialization of the professionals in charge.

For the capillarity of our customers, we act in claims in all labor courts in Rio Grande do Sul and Santa Catarina states. The attendance is made directly by professionals of the Firm and counts on a group of corresponding lawyers who assist and accompany the processes and exceptionally  act in hearings.

In other states we act in partnership with associated law firms.

Advisory

The preventive law has been widely used by our customers in order to prevent future legal demands. Therefore, we internally organized a specialized sector  (advisory) to develop the preventive law, enclosing the accomplishment of courses on labor law routines, responses to  specific consultations, elaboration of concepts  and directed press-service , exclusively, to our customers.

The meetings in our offices or at the proper company for examination of the procedures in the staff area, reviewing and elaborating the employment contract terms, are also part of the routine of the organization.

The advisory service is very much like" a Legal Aid ". The Labor Law demands immediate solutions and responses (strike deflagration, employee punishments, cases of contractual rescission). Thus, the organization has been working as a true  first-aid clinic, always having by the phone a skillful professional able to answer the questions formulated by the clients.

Daily Clipping

Daily remittance, throught the internet. Summary of official publications, articles and news that contain information on capital and work relations, collective negotiations, syndical organization, labor law, wage and jobs indices etc. Since march 2003, this service replaced the "Press Servie", our biweeckly summary of official publications.  It still is a unique service in its category all over the country.

Seminaries

Our organization promotes debate boards on subjects of interest for business people on the laboring and syndical areas, featuring well-known lecturers. Consequently, the organization and accomplishment of Seminaries on matters related to the relation between capital and work has been an activity in frank expansion at Flávio Obino Fº Advogados Associados.

Conciliation, Mediation and Arbitration

The end of the traditional forms of solution for the conflicts of interests is a world-wide reality. The Labor Justice in Brazil, created to be informal and fast, is overloaded with processes that takes too long to be solved, like turtle steps. The legislations  changes that took places in 2000 start to change, even in a timid form, this picture describe above. The “sumarissimo” procedure and the obligation of trying a previous conciliation at the CCP’s have encourage the negotiated solution for the individual labor claims.

In this direction, even before the changes reffered above, our organization has invested in the preparation of its professionals for this new reality through the participation in courses of specialization (American Arbitration Association and INAMA), as well as a visiting program (Court D'Arbitrage/Brussels - Labor Court of  Catalonia/Barcelona - General Core for Conciliation of Patrocínio, Minas Gerais/Brazil). So we can affirm that,  the  members of our team are prepared to act in the condition of conciliator, mediator and/or arbitrator in the solution of labor conflicts, as well as represent any company at the claims submitted to the CCP’s.

Our services also enclose the elaboration of projects and implantation of Intersyndical Chambers of Laboring Conciliation. Our professionals integrated the group of INAMA (National Institute of Mediation e Arbitration), institute specialized at the training and preparation of labor conciliators.

Register and Syndical Classification

Since the first years of our organization, we have advisored groups of employer, liberal professionals and even employess on the creation and registration of unions and federations unions. The service includes the elaboration of all the necessary  documents, appropriated  to the Work and Job Federal Department demands, as well the participation in meetings and foundations assemblies. The same kind of work is developed in cases of representations extension or territorial bases. Finally, our professionals follow all the process procedures at the Work and Job Federal Department.

At the other hand, the Flavio Obino Fº Lowyers Associates has, probably, the biggest catalog of decisions from the extinguished Comission of Syndical Classification, organ in charge of clarify the individual defination  of the employers and their employees. Because of that experience, our organization, around ten years, gives advisory  to the Permanent Councel of Syndical Organization - COPOS, organ of arbitral nature that has already solved more than 1.500 process envolving the definition of individual syndical classification. This service, by the shape of a written opinion, is also given to the companies in general and any others concerned.

Labor  Auditing

The examination of the working routines of the companies, inserted in the general advisory services,  has developed itself to the point to characterize a new product. The labor auditing  involves  the examination of all the  procedures related to  Labor Law executed by the contractor and the posterior elaboration of conclusive report, occasion where are proposed, if  necessary, suggestions of alterations in the labor routines.

Labor Liability Exam

Working in partnership with  an office specialized in technical accounting, our organization undertakes survey of labor  liabilities of the companies. The activity, for ethical reasons, does not embrace the examination of the performance of the professional hired by  the company in labor claims.

When conjugated with the auditing service, the examination  extends to the so-called "occult passive ". Checking  routines and procedures of the company, its  legal situation is evaluated under labor aspect, estimating the potential of future legal demands and their values.

Syndical Training

Besides the periodic remittance the Press-Service, our organization develops  syndical training through courses on the unionism in Brazil and the practical of collective negotiation.

Syndical Auditing

Analysis by specialized professionals in the syndical area of the internal environment of entities, its technical resources and its target market, with the elaboration, after the examination of the collected information, diagnosis and project of effective syndical action.