What does preventive employment advice actually do?
It examines how the company operates: working hours and time records, job classification, contracts, outsourcing, collective agreements and internal policies. From there it identifies where the exposure lies. The assessment produces a remediation plan ordered by risk, so the company knows what to address first.
We have received a notice from the labour prosecution service. What now?
Labour prosecution investigations have deadlines and usually end in a consent decree. What the company puts forward at that stage determines the obligations it will take on and for how long. It is worth seeking advice before responding.
We already have claims under way. Does the advisory service replace the defence?
No. The two run together. We handle the defences already in place and, in parallel, address the routine that gave rise to them, so that the same claim does not recur in the next cases.
We engage contractors as companies rather than employees. Is that a risk?
It depends on how the relationship works day to day, not on what the contract says. Subordination, fixed hours and exclusivity can lead to an employment relationship being recognised, with retroactive consequences. It is one of the first points the assessment examines.
How does the initial assessment work?
It starts with a conversation about the operation and a review of the documents that structure the employment relationships: contracts, working time records, internal policies and the applicable collective agreements. From there we set out the points of exposure and the options for each one.
Do we need to come to the office in person?
No. The service can be provided entirely remotely, allowing the documents to be reviewed and the case followed with security, speed and discretion.
If you prefer to meet in person, Doering Darcie Advocacia e Consultoria has offices in Porto Alegre and São Paulo for meetings by prior appointment.
