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Location: Santa Catarina, Nuevo Leon, Mexico
Date Posted: Nov 22, 2020
The incumbent will be accountable to provide a broad array of employment and labor law advice and counsel in Mexico and across the LATAM region (including Panama, Peru, Chile, Colombia, and Argentina) to internal business team members, typically Operations Leaders and Mid-Executive Level Managers; Human Resources Managers and Personnel; and Legal Services Professionals. The location of this position will be in Monterrey, Mexico.
· Under supervision of the managing attorney located in the USA, develop successful employment and labor law counseling and dispute resolution strategies and deliver high quality, cost effective management of external counsel.
· Serve as a key team member on our Employment & Labor Law team and support internal legal services processes to track metrics, communicate status of matters and collaborate with various internal stakeholders in our global organization.
· In collaboration with Legal Services and Human Resources colleagues located globally, deliver legal counsel and support of our business operations located primarily in Mexico but also in other countries in the LATAM region. Assigned matters may include business restructuring, redundancies and collective layoffs, individual dismissals, litigation, pensions and benefits matters, works council and trade union negotiations.
· Identify and manage and/or coordinate capable and cost-effective legal support options in various business locations across the region for labor and employment needs that vary widely in terms of risk and complexity. Maintain cooperative relationships with contacts to supplement legal support alternatives.
· Develop collaborative relationships with Human Resources managers in region, metering legal support in accordance with need and assisting with legal training and building of capabilities to achieve greater efficiencies where appropriate.
· Exercise judgment and discretion in addressing workplace matters that are complex and highly sensitive, consulting in confidence with others in Legal Services, Human Resources and business unit leadership positions within region and globally within the Caterpillar enterprise.
· Where necessary and appropriate, serve as the company representative under adversarial circumstances (in country and if required, within region) during administrative, regulatory and government conferences, hearings and fact-finding conferences involving employment and labor matters.
· Manage employment and labor disputes from claim through litigation, including the retention and direction of external counsel as necessary to support the resolution of employment and labor matters within a stated budget.
· Achieve resolution of employment disputes by identifying witnesses and documents that will be subject to information holds and document preservation for litigation and dispute resolution.
· Stay informed of and communicate relevant legal developments within the region arising from case law, legislation and regulatory enforcement of employment and labor matters including discrimination, human rights, pay transparency, to interested stakeholders in the enterprise and colleagues within Legal Services.
· Develop presentations and provide targeted training on relevant legal developments.
· Perform other job duties as assigned by the supervising attorney from time to time.
· The position may be required to travel up to 20% of the time.
The position requires familiarity with company policies and procedures, a strong department background, the ability to work in English, as well as the ability to maintain confidentiality, along with excellent interpersonal skills and personal accountability. Minimum requirements of the position include all of the following: a) a degree in law (at least bachelor or equivalent) with preference given to a specialization in employment law; b) no less than 5-8 years of employment and labor law practice experience in LATAM region, through a large law firm, or combination of firm and private corporate settings; and c) an active license or officially qualified or admitted to practice law as in-house counsel to the extent required in Mexico. Must be fluent in spoken and written English and Spanish. Must have proficiency in use of Microsoft Office software, including Word, Excel, PowerPoint, Teams and Outlook.
Highly desirable are the following:
· Prior experience at a large international law firm or corporation setting working on employment and labor law matters;
· Demonstrated knowledge of HR practices within LATAM region, and application of local, in-country employment laws
· Ability to apply business knowledge to disputed matters;
· Ability to present underlying strategic thinking to attorneys and leaders;
· Excellent interpersonal skills and ability to deal with sensitive issues or influence others inside and outside the department to take specific actions;
· Goal and process-oriented with a demonstrated ability to prioritize tasks;
· Ability to work in a collaborative environment and make decisions.