Despite the created expectations, any changes to subcontracting introduced by the recent labor reform have been minimal. When it comes to the collective labor agreements to apply to employees of contractors or subcontractors, precedence must be interpreted as exactly that because there is neither an unconditional obligation for contractors to apply the industry collective agreement for their activity nor are company collective agreements always subject to industry collective agreements in relation to setting pay terms.
In an earlier edition of our Latin American Viewpoints newsletter (see here), we analyzed the main provisions applicable to notification of mergers and acquisitions in Chile, Peru, Colombia and Mexico. In this second part, we examine a few transactional and strategic elements that might be useful in these jurisdictions, in light of the competition legislation in each of them.
The electricity system has been a big focus point in Mexico in recent years and is now attracting attention after the government’s attempt to implement changes (particularly the sought constitutional reform). This article describes the state of play, arranged in the order of events.
The pandemic, the global economic climate, and the political situation in Latin America have changed the course of real estate investment in the region. The new scenario has seen a rise in alternative mechanisms for the industry's assets. In this article we look at the main new developments observed in Colombia, Chile, Mexico and Peru.
Social infrastructure projects are booming in Latin America. Certain innovative tools such as public-private associations (or alliances) are becoming more relevant as an increasingly attractive option to materialize such projects, by guaranteeing the efficiency and quality of the hospitals, roads and education centers, etc. delivered. We provide details on the current situation and future prospects of social infrastructure in Chile, Colombia, Mexico and Peru.
What are the consequences of a settlement procedure where all the companies reach agreement with the authority conducting the investigation phase except one? Could the latter be harmed by not reaching an agreement? How does the principle of presumption of innocence apply given that the other participants in the infringement have already admitted to the facts? In this article, we identify the risks and disadvantages created by the so-called hybrid process and we will see that these can hardly be fully mitigated.
NPL transactions continued in the first quarter of 2022. Spain and Portugal were the most active jurisdictions with our Madrid, Barcelona and Lisbon offices playing a leading role.
The reform of Article 86 of the Workers' Statute maintains, in substance, the previous regulation and the conceptual confusion that characterizes it (it does not clearly delimit the concepts of validity, extension and ultra-activity). The expired agreement will have to be applied (ultra-active) as required by the legislator, but in no case can it be considered legally in force, which has a series of very relevant legal implications.
The pandemic has put infrastructure contracts with private companies, usually for lengthy terms, to the test. We take a look at the legislation in Colombia, Peru, Mexico and Chile from the standpoint of unforeseen events and more specifically of the COVID-19 outbreak.
After 2020 when Latin American governments, like the rest of the world, focused on tackling the health crisis and economically shoring up the sectors that were hardest hit by the necessary business restrictions, 2021 presented an opportunity to rebalance weakened public finances without detracting from the slow but steady recovery in those countries. In this document, our tax experts analyze the tax changes announced and enacted in 2021 in Chile, Mexico, Peru, Colombia, Argentina and Uruguay.