Gerardo Valencia

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Gerardo Valencia

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Experience

Gerardo Valencia is Principal Senior Associate, leading the labor and employment practice area at Cuesta Campos. With over 20 years of experience, he has focused his practice in advising and counseling important multinational and national companies to achieve the compliance on employer obligations from key strategic aspects, including: incorporation of companies in Mexico and foreign subsidiaries, audit compliance on safety conditions, verification of the Social Security premium on employer-employee contributions, attention of inspections conducted by the Ministry of Labor, nullity procedures related to fines issued by the Ministry of Labor and the Social Security, coordination of strategies of defense in call to strike procedures, ownership and/or negotiation of terms and conditions of collective bargaining agreements, fulfillment of international regulations as the USMCA with clients with commercial activities North America, implementation of internal procedures to comply with discrimination and harassment, assessment on merger & acquisition process, due diligence among others.

Gerardo actively participates and has been speaker at business and industrial forums, such as: Chambers of the Manufacturing Industry, Japan Chamber of Commerce and Industry of Mexico, Mexican Employer’s Association (COPARMEX), National Association of Business Lawyers (ANADE), where he has presented topics about the preparation and fulfillment of norms and obligations at workplaces, recommendations during work inspections, amendments to the Federal Labor Law, international trade compliance, and analysis on outsourcing regime, among other relevant matters.

Finally, he has authored articles on labor law in recognized publications such as the Association of Corporate Counsel, Global City Media (The Global Legal Post), and he has been chosen as a recommended lawyer by Employment Law Experts.

Degrees

Universidad de Guadalajara

Licenciatura en Derecho, 2001

Universidad del Valle de México Laureate International Universities

Maestría en Derecho Corporativo y Negocios Internacionales, 2017

Diplomado en Derecho Corporativo, 2011

Secretaría Técnica del Consejo de Coordinación para la Implementación del Sistema de Justicia Penal

Certificación del Nuevo Sistema Penal Acusatorio, 2015

Colegio de Morelos / Poder Judicial del Estado de Jalisco.

Doctorado en Derecho, en curso.

Representative Matters

Preparation of legal strategy to negotiate the terms and conditions of multinational companies with their Unions, of companies such as Hella Automotive, Electricfil, RAPPI, Compas Automotive, Huntsman, Brightcove, Epam, Sunningdale, Flextronics, Plexus Electronica, SMTC, BHTC Automotive Hazama Corporation, Moriroku Mexico, and Hard Rock, among others.

Attention and administration of litigation against Unions that claim a call to Strike arguing infraction on employees’ rights with Huntsman, Hard Rock, Hella Automotive, Flextronics, Plexus Electronica and others.
Attention of strikes and preparation of defense with entities among Mexico, as it is Los Cabos, Cancun, Mexico City, Guadalajara, and Monterrey, among others.
Preparation of Due Diligence to verify the contingency in Mexico of Labor trials, as well as its attention and administration with approximately 600 cases within al States of Mexico.
Coordination on the attention of Inspection from the Ministry of Labor and Health Secretariat with companies as Hella Automotive, Flextronics, American Standard and others.
Coordination and implementation of Audit for Huntsman International in Latin America, to verify the fulfillment of the employer’s obligations with its employees and Labor, Administrative and Tax Authorities.
Preparation of documents for transnational companies to start operations in Mexico or that have already started and require our support to fulfill their obligations, such as Electricfil de México, Compas Automotive, Hella Automotive, Flextronics, RAPPI, Hard Rock, Kapsch (Simex), Ntt Mexico, Hazama Ando Corporation, Wastequip, H&M, GPV, Jabil Circuit, Yushiro México, Toyo Tanso México, Ureblock, Maflow, Baker Parts, GTM Chemical, Yamato Mexico, Sanac México, Ryoko México, Plexus Electronica, EPAM México, Toyo Ink, Iriso México, Tech Mahindra, Virbac, Wizeline, Vtech, , Baltec, LovePac, GPV, Toyo Ink, among others.
Analysis of the legal structure when operating with Insourcing entities or specialized service provider, verify the compliance on its labor and tax obligations as employer.
Preparation of strategy and formulation of amparo lawsuits in Labor and Administrative Procedures, both Collective and Individual, and against the Ministry of Labor or the Social Security procedures.
Consulting companies for compliance with labor obligations, resolution of conflicts, attention to administrative processes, labor terminations with high-level officials, policy development with employees, review of payroll processes and attendance control, review of anti-corruption policies, non-competition, confidentiality.
Training for National and foreign officials to understand Mexican labor legislation, management of employees, description of employer obligations, preparation of sanctions, attention of authorities in visits to work centers.
Advice to national and foreign entities with operations in different states in Mexico, with more than 25,000 employees.
Assistance in hiring foreign employees from Japanese, Indian, French and American companies with subsidiaries in Mexico.

Associations and Memberships / Community

Cámara Japonesa de Comercio e Industria de México
COPARMEX
ANADE

Seminars

Publications

Gerardo has participated and prepared publications for different magazines and publisher’s websites, such as:

Precedents, Analysis and Exposure of the Reform to the Federal Law – Abogado Corporativo.
“Mexico: Labor inspections and General Compliance on Labor Matters” – Association of Corporate Counsel (ACC).

Acknowledgments

Specialty Areas

Hobbies