COLLECTIVE BARGAINING & COLLECTIVE AGREEMENTS
The firm provides advice in the management of collective labor relations with unions, supports and assists in processes of negotiation and structuring of collective agreements. Prepares the negotiating team, plans and execute the strategy to manage during the collective bargaining process. In addition, the firm represents its clients before the Ministry of Labor, and before the labor jurisdiction for declarations of illegality, unfair dismissal and strikes as well as in arbitration tribunals.
The firm provides legal representation before the ordinary labor jurisdiction, in all the Colombian Legal actions, as ordinary proceedings, in actions to enforce constitutional rights, authorization of dismissal of union officials, declaration of illegality of a strike and cassation recourse, among others.
REPRESENTATION BEFORE THE MINISTRY OF LABOR
The firm provides legal representation in administrative procedures, processes and investigations such as complaints, authorization of overtime work, authorization to terminate contracts of employees with reinforced stability, authorization for massive layoffs, among others.
The firm conducts preventive analysis on the management and execution of business processes to identify risks and possible contingencies in labor matters in order to implement the correctives to avoid legal complaints or administrative fines from the Ministry of Labor.
VOLUNTARY RETIREMENT PLANS
The firm prepares and conducts voluntary retirement plans, what includes the following activities: Analysis of the permanent staff, classification of the target population, structuring of packages of benefits according to the possibilities of the company and the needs of the workers, execution and implementation of the strategy.
The firm conducts formalization plans before the Ministry of Labor in order to legalize non formal working relations. To do so, the team of lawyers of lawyers identifies cases and possible contingencies to of the working population. Negotiate and formalize the working contracts subscribing settlements and working agreements.
The firm helps its clients to develop and implement restructuring plans to adapt the organizational structure of the company, studying not only the personnel plant, but also the salary and benefits schemes for the suppression of positions and movements of personnel according to the reality of the business.
LEGAL REPRESENTATION BEFORE THE ICBF (Colombian Institute of Family Wellfare), SENA (National Learning Service) AND CCF (Family Compensation Funds)
The form provides legal representation in administrative procedures, processes and investigations conducted by these entities.
IMPLEMENTATION OF THE Sistema de Gestion de Seguridad y Salud en el Trabajo
The firm assists its clients in the implementation of the Sistema de Gestion de Seguridad y Salud en el Trabajo in accordance with Decree 1072 of 2016.
The firm advice in labor matters for expatriate workers to Colombia, as well as support its clients in the issuance of work permits and visas.
UGPP (Unit of Pension and Payroll withholdings Management)
The firm advice and prepares, the strategy to answer the requirements to declare and correct, prepares and presents the reconsideration recourse against the official liquidation issued by the UGPP. Assist the client during the payment phase, analyze and respond on behalf of the client the additional requirements until the payment is validated.
In addition, we provide legal representation in petitions of nullity and reinstatement of rights as well as labor lawsuits against official liquidations.
As for the collection stage, we facilitate non-coercive recovery requirements, presentation of exceptions against payment orders, and the application of precautionary measure
Founding partner graduated from the Pontificia Universidad Javeriana, specialized in Labor, Employment, and Social Security Law, with more than forty years of experience as Labor Law Counsel to several national and international companies and industries.
He was also founder partner of Aesca, and as partner worked in that firm for almost 43 years.
Director of the Labor Law Department and head of the Labor Law and Social Security specialization at the Universidad Sergio Arboleda Law School (Bogota and Santa Marta, Colombia), Law Schools where he is also professor.
During his professional career, he has taken direct part in several collective bargaining processes and restructuring plans of the most important public and private entities of the country.
He is highly known for his negotiation and strategy skills to solve organizational conflicts. He has participated in more than 140 collective bargaining processes during his professional career, his reputation is broadly known, both nationally and internationally.
María Claudia Escandón
She obtained a Juris Doctor degree from the Javeriana University in the year 2002, an additional title as a specialist in Labour and Social Security law from the University Sergio Arboleda.
She also has a Masters Degree – LLM with emphasis in Labour and Employment Law from Georgetown University. In addition, she has a certificate in negotiation techniques and Corporate Consultancy from University Complutense de Madrid and a certificacion in Organizational Conflict Resolution from Harvard University.
She has more than sixteen years of experience as labour law consultancy; she has participated in several restructuring processes, retirement plans, collective bargaining and attendance at legal proceedings and administrative (governmental) legal proceedings before the Ministry of Labour.
Was professor of Labor and Employment Law in the Pontificia Universidad Javeriana, teaching students of second and third semester of the Business Administration School. She was also professor in Universidad Sergio Arboleda.
Founding partner of Escandón Abogados SAS, and former partner of Alvarez Escandón Lievano Aesca. S.A- Currently she is the COO, leading the litigation area, directing more than 200 processes attended by the firm. In addition she manages the consultancy area of our clients.
Juan Fernando Escandón
He obtained his professional Juris Doctor degree from Sergio Arboleda University in the year 2008, since then he has obtained masters in Employment Law as well as Social Security from Javeriana University.
At the moment he is continuing his studies and he is attending a master of law at Universidad Sergio Arboleda and his currently the Director of Postgraduate Labor Law for non lawyers.
He has been professor since 2012 in the law faculty of the Sergio Arboleda University.
He has eight years of experience in business consultancy, restructuring processes, retirement plans, due diligence, management of legal case proceedings. Umpire in two different labour arbitration tribunals.
Maria Jimena Escandón
Lawyer (J.D.) from Universidad Javeriana. She holds a specialization degree from the same institution in Administrative Law and a specialization degree in Comparative Constitutional Law and Political Science from the Spanish Political and Constitutional Studies Center.
María Jimena also holds a Master in Political Action and Rule of Law from Rey Juan Carlos University in Madrid and is candidate for a Master’s degree from the Ortega & Gasset Foundation in the same city. Currently, she is completing a specialization degree in Labor Law at Sergio Arboleda University in Bogotá.
With over fifteen years of consulting experience, she is skilled in successful communications strategies, crisis management and government relations.
Her most recent experience is as Strategic Planning Director at the ANDI (the country’s most important private guild) where she led the planning process for the entity. Other jobs in which María Jimena has served include the role of Corporate Affairs Manager in Bavaria S.A. –a SABMiller subsidiary; and as a lawyer specializing in Administrative Law, in the Presidency of the Republic and in the Pensions Vice-presidency at the Social Security Institute.
Attorney graduated from the Universidad Católica de Colombia, specialist in Labor Law and Social Security of the same university. Professional experience advising companies of the private sector and exercising judicial and administrative representation before the different entities of the labor sector.
Attorney graduated from the Universidad Externado de Colombia with a specialization in Labor Law and Industrial Relations from the same university. She has worked as a corporate legal adviser on issues of labor, social security, human resources, and administrative procedures with the Ministry of Labor, as well as immigration issues and legal proceedings.
Attorney graduated from the Universidad Católica de Colombia, with a Specialization in Labor Law and Social Security from the same university. Experience in the management of administrative procedures with the Ministry of Labor and judicial processes in its different instances, handling of disciplinary processes, issuing of opinions and revision of labor regulations.
Attorney from the Universidad del Rosario with specializations in Social Security from the Universidad Nacional, as well as in labor law from the Universidad Javeriana. With five years of professional experience, Catalina has advised companies in the hydrocarbons sector on labor issues as well as companies in the public sector in the responses to questions, disputes and the formulation of labor policies.
Attorney graduated from the Universidad Autónoma de Bucaramanga (UNAB), specialist in Labor Law and Industrial Relations from the Universidad Externado de Colombia. Her professional experience focuses on consulting and advising on Labor Law, the formulation of labor policies, support and execution of retirement plans, assistance and support for the development of processes in the Ministry of Labor, review and updating of Internal Labor Regulations.
Attorney graduated from the Universidad Católica de Colombia of Bogotá, specialization in Labor Law and Industrial Relations from the Universidad Externado de Colombia. Experience in business consultancy in individual and collective labor issues and social security. Worked in the Judicial Branch of the Government – Labor Courts of the Bogotá Circuit – for 8 years, intervening in law 712 of 2001 and in the new System of Oral Courts with Law 1149 of 2007.
She has experience with arbitration courts and in processes of control with the Unit for the Management of Pension and Payroll Withholdings – UGPP.