LEGAL ASSISTANCE TO HRDs
The Human Resources Department activities are regulated by labor law. What an HRD does is managing is the execution of the work contracts of all employees. Despite the level differences, from manual workers of the plant up to the upper management (the person managing the HRD is also an employee); everyone is subject to Haitian Labor Code. The execution of the work contract requires respecting the labor laws, collective agreements, if needed, and the work contract itself, of course. Professionally, the decisions taken by the HRD aren’t without any legal risk for the business. Those risks could be an illegal or discriminatory dismissal, through miscalculated legal benefits, illegal working hours, etc. All those decisions not taking into account the Haitian labor law could, with high probability, lead to a complaint to the Labor Directorate and, eventually, to legal proceedings.
To face those risks, HRD managers must consider labor law as one of the parameters of the decision-making process. To do so, they work hand-in-hand with a consultant in labor law who guides them amongst the choices. That way, they protect the business before legal risks occur. HDIT Cabinet Volmar can support the HRD in the following manners:
- Establish employment contracts in the respect of law and collective agreements, if any;
- Manage dismissals and build a solid case with an evidence-gathering process (attendance records, leaves, etc.);
- Fulfill hiring formalities;
- Establish documents handed to dismissed employees (notification letter, balance of any due, certificates, etc.);
- Manage leaves;
- Manage work periods;
- Manage work absences;
- Gather all elements from the salary;
- Gather all the evidence in case of the termination of an employment contract without notice;
- Establish a payslip;
- Create various HR documents;
- Various employment contracts (CDI, CDD, CTT)
- Unfolding and execution of the contract;
- Manage recruiting and hiring processes;
- Absences and various leaves;
- Salary (elements, fees, premiums, bonuses, etc.);
- The work schedule (number of hours per week);
- Rest and break periods;
- Days off (paid, sick, maternity, etc.);
- Trial/probation period (its limits and risks);
- Hygiene, safety and work conditions;
- Occupational health and medicine
- Disciplinary sanctions
- Breach of the employment contract
- Social security (ONA, OFATMA)
- Other aspects of HR management (recruitment, careers, training, etc.)
After a consultation with HDIT Cabinet Volmar, a consulting and legal assistance contract could be signed and represent the beginning of a collaboration that can only be profitable for your company.
- Evaluate the legal risks present in the current situation of the business;
- Classify the risks of the company (by legal segment or by imminent risk realization);
- Evaluation, with the management, of the risks based on the report.
- Evaluate, one by one, every active contract;
- Evaluate, one by one, all other legal documents;
- Prepare a list of all contracts:
- Name of partner;
- Signature date;
- Termination limit;
- End date;
- Monetary value of the contract.
- Classification by category
- Name of the other parties involved
- Subject of the dispute
Classification of the Documents
- Service contracts
- Sales contracts
- Work contracts
- Insurance contracts
- Judge of the Peace report
- Acts of bailiffs (summons, document initiating proceedings, etc.)
- Haitian Law
- Laws, decrees
- Company files
- Company statutes and by-laws.
- Trademark registration certificates
- Modification of statues and by-laws
- Property titles
- Act of survey
- Notarial deed
- General assemblies (regular or not)
- Various (or non-classified)
- Establishment of a communication system
- Testing of the communication system
ADMINISTRATIVE CONTRACT MANAGEMENT
Contracts need to be managed for a proper execution of the obligations or for a better preparation in case of possible legal actions against your company. Contract management begins from the moment the company wants to launch a project, which usually implies the establishment of contracts with other companies, State or individuals (experts for example). This management ends at the end of the project, but can go beyond. The above-mentioned process should allow you to better manage the entire life of the project, from its “birth” to its “death”. However, this management cannot be done without your company legal expert, who will be at the center of this whole process.
Let’s take a look at your various management steps. Let’s mention right away that depending on the size, nature or object of your company, this model must be adapted to totally match your administration type.
Project Creation and Preparation
Your business wants to launch a new operation: purchasing from a new distributor. With your team, you assess the feasibility, profitability and legality of the operation. Then, you consult all obligations and rights related to the laws involved in the process and you prepare for the negotiation part.
Negotiation With the Partner
The negotiation for a new distributor begins. Various clauses of the future contract are discussed based on the interests of each party. Then the contract begins to take form. After the negotiation has ended, various changes (financials, economic or new laws) can occur forcing parties to renegotiate some clauses.
Drafting a Contract Proposal
After the negotiations are done, agreed terms are noted to form the various clauses of the contract. Those terms are sent to the consultant for the preparation/revision of the contract proposal. Sometimes, it’s one of the parties that prepares the contract and the other party just has to wait to revise it.
Exchange of Documents
During the drafting process, it happens that the contract proposal has many revisions and goes back and forth between the parties involved. Upon each revision, the contract proposal is sent to the other party for revision/approval by their legal experts. Both parties have to agree on each and every clause of the contract. It’s preferable to send the contract proposal in a protected format, like PDF, to prevent any unwanted alteration of the clauses.
Signature of the Parties
When the contract proposal has received the approval of both parties, their representatives must then sign it to elevate it to the contract status.
Once the contract has been signed, it must be archived for a better access to the document for its consultation in case of an emergency or a legal action. Contracts are archived by alphabetical order based on the partner’s name. It will be scanned and the physical original will be stored in the filing system while the digital version is saved and made available at any time to the authorized people.
The execution of the contract begins right from its effective date, determined by the contract itself or by its signature date, is tracked by the contract administrator.
In addition to legal services in labor and business law, as well as legal consultation, HDIT Cabinet Volmar also offers you services of public procurement.
End of Contract
A contract ends as soon as:
- it has reached its end date: when the end date of a contract has arrived, it’s no longer enforceable, unless there’s a tacit renewable clause, in which case the contract continues to be enforceable as it starts another cycle;
- its execution has ended: some contracts end as soon as the object of the contract is completed; or
- is canceled: a contract can be canceled for various reasons like a mutual cancellation, cancellation from one party or following a court order.
In all cases, a legal advisor must be consulted to ensure the legality of the actions and prevent any legal risks that could follow.
DIASPORA LEGAL SERVICES
DIASPORA LEGAL SERVICES
This site is for those who would like to have a consultation on business or labor law, or about the legal management of their company. HDIT CABINET VOLMAR can offer you consultations about contract management, legal audits and disputes.
This includes, first of all, a legal consultation on your projects, easing up the negotiation with the partners, then the analysis, revision and preparation of the contracts, as well as the administrative tasks related to the signed contracts and, finally, the archiving and the legal assistance for the contract execution.
That’s the analysis of all your business contracts in order to determine if they could pose a risk for your company. Another analysis of your HR management team to assess compliance with labor code standards. The verification of the status of your important legal documents, like the company statutes, trademark certificates, validity of your exploitation permits, etc.
A real-time assistance to the HR team to manage employees, from their recruitment until their dismissal, consultations on special cases and representation to the Labor Directorate, if needed.
Dispute management, both internal and external. We also offer you the amicable resolution of conflicts. In the event of a legal action, we work in collaboration with serious and dynamic law firms for assured legal representation, in court or in arbitration.
PUBLIC PROCUREMENT SERVICES
In addition to legal services in labor and business law, as well as legal consultation, HDIT Cabinet Volmar also offers you services of public procurement:
- Support for companies in the preparation of their submission file for calls for tenders, prize competition, call for expressions of interest, etc.;
- Support for businesses in public procurement (companies that do not have a procurement department);
- Assembly of complex tender documents;
- Support for contract management;
- Support to resolve disputes;
This service is under the direct supervision of Antoine SamyHerto JANVIER, whose skills are certified by:
- CPPP: Certificate Program in Public Procurement
- CPCM: Certificate Program in Contract Management
- PCPM: Professional Certificate in Public Management
- CIPS II: Certificate in Procurement and Supply II
- GoMAP :Master in Governance and Management of Public Procurement in Support of Sustainable Development