Labor and Employment Law



D’Empaire continuously assists clients to reduce litigation risk and ensure legal compliance under employment law.

D’Empaire is considered one of the leading Venezuelan law firms in collective contract negotiations and conflict management with labor unions. We have extensive experience assisting multinational and Venezuelan companies in their labor disputes. Among other matters, we have assisted:

• The Venezuelan franchisee of McDonald’s, with more than 6,000 employees, in connection with the negotiation of the collective bargaining agreement (2010 and 2013)

Pepsicola de Venezuela, with more than 1,500 employees, in connection with the work stoppage of its Caucagua facility in 2013

Plumrose Venezuela, a producer of sliced meats with more than 3,000 employees, owned by the East Asiatic Company, in connection with the negotiation of the collective bargaining agreement and several labor conflicts (2002-2013)

DelMonte Venezuela, with more than 800 employees, in connection with the negotiation of the collective bargaining agreement and labor disputes, including the 2011 strike (since 2000)

Sidor Ternium, the largest steel manufacturer in Venezuela, with more than 7,000 employees, in its negotiation of the collective bargaining agreement and labor disputes, since its privatization in 1996 until its nationalization in 2008

Ferroven de Venezuela, o producer of ferrosilicon, owned by Ferroatlántica España (Ferroven), with more than 300 employees, in connection with the negotiation of the collective bargaining agreement since its privatization in 1999

Cemex Venezuela, the largest cement manufacturer in Venezuela, with more than 2,000 employees, in its negotiation of the collective bargaining agreement and labor disputes, since its purchase in 1993 until its nationalization in 2008

Electricidad de Caracas, the largest Venezuelan utility, with more than 2,500 employees, then owned by The AES Corporation, in connection with its negotiation of collective bargaining agreement, since its purchase in 2000 until its nationalization in 2007

We advise our clients on workers compensation and benefit plans, including executive pay. We also have extensive experience in employments contracts terminations and negotiation of settlement agreements.

D´Empaire has substantial litigation experience before trial courts, courts of appeals and the Supreme Court on the full range of labor and employment law matters, including wrongful termination, individual employment contracts, and workplace accident litigation.

We also assist our clients in the conduction of labor and employment audits in order to identify potential sources of labor liabilities as well as supply chain audits in order to ensure our clients subcontractor´s compliance with statutory and corporate labor standards. We have recently conducted extensive labor audits for Grupo Polar (the largest Venezuelan private sector company) (2009) and Dycvensa (Dragados y Construcciones Venezuela, S.A, one of the world’s leading infraestructure companies) (2010).

We constantly sponsor informative seminars and courses to our clients on a wide range employment law issues.

Together with the corporate team, our attorneys in the labor and employment area have assisted clients in connection with due-diligence reviews and have worked extensively on restructurings and other labor issues in connection with M&A, business and financing transactions. Some of these corporate deals include:

Siemens, S.A. on executive compensation

Xignux Group as Venezuelan counsel in its acquisition of Cables de Energía y de Telecomunicaciones S.A (Centelsa)

Falck in its acquisition of the Venezuelan subsidiary of the EMI Group

Soldexa in its purchase of Comelven

Global Crossing as Venezuelan counsel in its merger with Impsat

General Cable Corporation as Venezuelan counsel in the purchase of Phelps Dodge Corporation for approximately US$735 million

The Carlyle Group as Venezuelan counsel in the purchase of the Engineered Products Division of The Goodyear Tire & Rubber Company for US$1.475 billion

D’Empaire represents or has represented in connection with labor and employment matters: Bristol Myers, Visa, Del Monte Foods, Siemens, McDonald´s Venezuela (Arcos Dorados), Plumrose, Inelectra, Empresas PMC, Radio Caracas Television, Makro Comercializadora, Ferroatlántica de Venezuela (Ferroven), Generar, Grupo Preca, Empresas 1BC.

D’Empaire labor department is headed by two partners (Alejandro Disilvestro and Victorino Márquez) and has a team of 12 associates.