Fernando Martínez Flores
Mr. Martínez specializes in Labor Law and Labor Litigation. He has a wide experience advising different industries, such as manufacturing, retail, automotive, pharmaceutical, energy, trade, among others, especially on Employment Agreements, Litigation, Outsourcing, Internal Guidelines, Collective Bargaining Agreements, Employment termination, Due Diligence and Social Security matters.
2016 Yale University. Management program for lawyers. Escuela Libre de Derecho. Master in Labor Law.
2008 Instituto Tecnológico Autónomo de México, Postgraduate studies in Labor Law and Social Security
2006 Universidad Panamericana, Postgraduates studies in Tax Law.
2004 Universidad Nacional Autónoma de México, Attorney at Law.
- Labor Law and Litigation, Social Security
2015 to date Partner at JDV
2014 - 2015 Senior Associate at JDV
2010 - 2011 HSBC, Labor Law Deputy Director
2006 - 2010 Jáuregui, Navarrete y Nader, S.C. Associate
Mr. Martínez offers advice to companies on Labor Law matters. His recent experience includes:
Planning and implementing Labor Schemes related to M&A and Employer Substitution.
Preparing and revising Employment Contracts, including union members, as well as for executive staff and expatriates.
Preparing or revising collective bargaining agreements, negotiate with unions, and handle and resolve strikes.
Preparing and revising Employment Contracts.
Representing employers and employees in Litigation before Labor Boards.
Preparing and reviewing Due Diligence of Pension Plans, alongside Stock Options.
Preparing labor-related documents, such as internal work regulations, inhouse policies and/or manuals, and guidelines for granting employee benefits, such as bonuses.
Representing clients involved in Employment Terminations
Advising on Social Security Matters.
Advising different companies from a wide range of industries over the new COVID-19 regulations on the labour field in Mexico. The topics covered in our advisory were the suspension of activities due to the health contingency, the conditions of how the company may reduce the employees working hours thus proportionally reducing their wages if needed, the new health measures required in the workplaces, among other COVID-19 related topics.
Advising, litigating on and negotiating the collective bargaining agreement in a project related to the construction of a gas pipeline between the States of Nuevo Leon and San Luis Potosí, with a value of $1 billion dollars that involved approximately 7,000 workers.
Advising on the handling of labor liabilities and their contingencies related to public bidding on the transition of public services of drinking water, drainage, sewage, treatment and disposal of wastewater in the City of Veracruz to a client as investment partner / operator.
Representing a client in a piece of litigation filed by 1,400 state workers; we obtained a favorable resolution that avoided the transfer of labor liabilities calculated in $350 million pesos.
Advising on the Labor Termination of all the workers of a plant in Toluca, State of Mexico and the same for the workers of a company within the Beer Industry based in Monterrey, Nuevo Leon.
Due diligence in all the Labor and Social Security Matters related to the purchase of a plant within the Pharmaceutical Industry, by one of our clients.
Representing a client before the Secretary of Labor and Social Welfare (Secretaría del Trabajo y Previsión Social) of Mexico City regarding the payment of profit sharing (PTU) with favorable results to our client.
Reviewing all labor liabilities and then representing Brink’s, Incorporated in the labor due diligence related to the purchase of Servicio Pan Americano de Protección, S.A. de C.V.
Mr. Martínez is a Member of the National Association of In-House Counsel (ANADE) and of the Mexican Bar Association (BMA).