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LITIGATION

Considerable number of judgments attended with careful attention of the cases

INDIVIDUAL LITIGATION

RELEASE OF COMPLAINTS BEFORE THE LABOR DEFENSE OFFICE (PROFEDET)

Receipt of the subpoena before the Labor Defense Office.

Conference calls about the underlying causes of the complaint.

Appearance before the Labor Defense Office.

Follow the procedure before the Labor Defense Office.

Celebration of a termination agreement or conclusion of the conciliatory stage.

TERMINATION WITH CAUSE NOTICES

Analysis of the facts that could lead to a termination with cause of the labor relationship

Investigation of the facts that could lead to a termination of the labor relation.

Collection and analysis of documents and other exhibits that prove the existence of the facts which led to the termination.

Elaboration of the notice of termination draft.

Analysis and discussion of the draft notice of termination.

Development and preparation of the notice of termination and possible referral to the Conciliation and Arbitration Board.

Jointly determine the notice delivery logistics

Deliver of the termination notice to the employee.

Submission of the notice to the Conciliation and Arbitration Board.

Follow up to the extra-judicial file until the delivery of the notice to the employee.

INDIVIDUAL LITIGATION

Review and analysis of lawsuit

Collect documentation to prepare the defense on trial.

Defense planning.

Elaboration of the lawsuit answer document.

Collection and preparation of evidence and exhibits.

Attention to Court Hearings.

FOREIGN LITIGATION

Foreign litigation refers to the service provided by this Firm on individual litigation, of processes before the Federal and Local Conciliation and Arbitration Boards, in the states of: Morelos, Estado de Mexico and Hidalgo, and shall be attended by the lawyers of this firm, in accordance with the territorial or subject jurisdiction.

LITIGATION IN THE REST OF THE COUNTRY

Litigation in the rest of the country refers to the litigation services of individual disputes before Local or Federal Arbitration and Conciliation Boards in other Mexican states than the mentioned above, which shall be attended as follows:

• The receipt of documents, case analysis and preparation of documents and different exhibits (replies of demand, notices of termination and preparation of written evidence), will be served directly by the lawyers of this firm.

• The monitoring of the process, and the attention of the court hearings before the Conciliation and Arbitration Boards shall be attended by the correspondent attorneys that this Firm has in the different Mexican states, with the due oversight and coordination of the lawyers of this Firm.

 

COLLECTIVE CONFLICTS

STRIKE CALL

Review and analysis of the petitions

Attention of conciliation hearings before the Labor Ministry and/or Conciliation and Arbitration Boards.

Collection of relevant information to prepare the answer to the petitions plea with strike call.

Defense planning.

Preparation of the written reply to the petitions plea.

Collection and preparation of evidence and exhibits.

Attention to Court Hearings.

Attention of conciliation talks with the Union.

LEGAL ENTITLEMENT OF COLLECTIVE LABOR CONTRACTS

Analysis of the possible fact that generated the collective conflict.

Conferences with the corresponding Union according to the Collective Labor Contract.

Review and analysis legal entitlement claims.

Collection of relevant Documentation to prepare the defense on trial

Defense planning

Elaboration of the replication document to the legal entitlement claim

Collection and preparation of evidence and other exhibits.

Attention of conciliation conferences with the Union that claims the ownership of the Collective Labor Contract

Attention to Court Hearings

ADMINISTRATIVE LABOR LITIGATION

INSPECTION BY THE LABOR AUTHORITIES

Evaluation of the documents that the company has to determine their submission to labor inspectors.

Attention of the inspection.

Determination of the need for the submission of other documents after the inspection.

REPLY TO ALLEGED VIOLATIONS IDENTIFIED BY THE LABOR AUTHORITIES

Review and analysis of the summons

Collect documentation to prepare the reply to the summons

Defense planning.

Elaboration of the written reply to the summons

Determination and evaluation of the evidence that will be offered and their submission.

Presentation before labor authorities.

Follow the administrative record.

LITIGATION BEFORE THE CORRESPONDING DISPUTE TRIBUNAL OR FEDERAL TAX AND ADMINISTRATIVE COURT

In the event that there are resolutions which are contrary to the interests of the Company, issued by administrative authorities such as: the Instituto Mexicano del Seguro Social, INFONAVIT and Secretariat of Labor and Social Welfare , either Federal or Local , it’s necessary to make an objection before the courts mentioned above. The services offered by this Firm , shall consist of:

Review and analysis of the corresponding administrative resolution.

Collection of relevant documentation and other exhibits for the submission of the procedural objection.

Defense planning.

Elaboration of the written complaint

Determination and evaluation of the evidence to be offered in the procedure.

Submission of the objection before the competent court.

Follow up of the case in the competent court.

APPEALS FOR CONSTITUTIONAL PROTECTION

BSN has the ability to represent its clients before the Judicial Branch of the Federation for their defense by appeals for constitutional protection in any of the areas described above, and includes:

Review and analysis of the appeal for constitutional protection

Analysis of the labor record.

Analysis of the concepts of violation.

Elaboration of the written appeal for constitutional protection

Submission of the written appeal for constitutional protection before the competent Court.

Follow up before the District Court or Appellate Court.

Interview with the Ruling Designers, Judges and District Court Judges.

Review of Judgments and Irrevocable Judgments

Monitoring of compliance before the labor authorities.

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