At martinsdelima, we prepare technical-labor expert reports for all types of corporate reorganization procedures, combining economic, operational, technical, and organizational analysis with independent expert criteria. Our cross-sector experience, from industry and energy to services, retail, or highly regulated environments, allows us to place each case in its real market and business context and build solid and defensible conclusions.

 

Collective Dismissal: Redundancy and Temporary Layoff Plans

We prepare reports for both dismissive and temporary redundancy plans, rigorously accrediting the concurrence of economic, technical, organizational, or production-related causes (ETOP), as well as cases of force majeure or other exceptional circumstances. We analyze the evolution of activity, demand, cost structure, production capacity, workforce organization, and viability projections to justify the scope of the measure, its proportionality, and possible alternatives. These works often integrate comparative scenarios and modeling of the economic impact of different organizational solutions.

 

Individual Dismissals (Disciplinary and Objective)

We issue opinions on dismissals for objective reasons (supervening incompetence, lack of adaptation, job amortization) and disciplinary dismissals (transgression of good faith, continued decrease in performance, indiscipline), with verification of facts, metrics, and proportionality.

To this end, we conduct a performance audit and use internal and external reference indices (KPIs, Benchmarks) and review the traceability of orders, communications, protocols, and business diligence.

In addition to this, if necessary, we perform the calculation of compensation and the control of formalities (deadlines, notifications, documentation).

 

Substantial Modification of Working Conditions (MSCT)

We intervene in substantial modifications of working conditions (MSCT), functional/geographical mobility, and internal restructurings. We develop detailed analyses of productivity, shifts, workloads, process efficiency, and workforce sizing, contrasting the real organization against current and projected demand. With this, we identify inefficiencies, evaluate the need for structural changes, and propose viable organizational measures to regain competitiveness.

 

Senior Management and Key Positions

We have specific practice in reports relating to senior management and strategic roles, in which we analyze effective functions, remuneration and variable structure, alignment with objectives, market criteria, and traceability of decisions. These reports are commonly used in reorganization processes, complex labor disputes, or internal reviews where an independent technical assessment is necessary.

 

Remuneration and Stock Options

We advise on disputes over fixed and variable remuneration structure, bonuses, and long-term incentives (LTIP, Long-Term Incentive Plan), such as stock options (stock options), restricted shares (RSU, Restricted Stock Units), and phantom shares (economic rights that replicate the value of the share without transfer of ownership). We also analyze protection clauses such as golden parachute (exit compensation for executives), no-solicitation (no recruitment of personnel or clients), and permanence.

We verify objectives and indicators (KPI, Key Performance Indicators or key indicators) and management by objectives systems (MBO, Management by Objectives). We adjust the accounting results to operating margins such as EBIT (Earnings Before Interest and Taxes) and EBITDA (Earnings Before Interest, Taxes, Depreciation and Amortization), applying the limits of the plan (caps/floors).

We review the contractual consistency: eligibility, accrual (when the right arises), vesting (consolidation), accelerations, malus (ex post penalty), and clawback (restitution of amounts) mechanisms.

We compare with the market (benchmark) for key positions and senior management, contrasting fixed, variable, and long-term packages against sector practices, and document conclusions with traceability.

 

Reorganizations and Agreements

We support reorganization and collective bargaining processes, consultation periods, collective modifications, opt-outs, and company agreements, combining organizational and economic analysis. We start from a diagnosis by centers and areas (effective functions, processes, overlaps, and sizing) and model the impact on cost, service, productivity, and turnover, comparing alternatives with criteria of necessity, suitability, and proportionality.

If a change of agreement is considered, we prepare a report on positions and remuneration: inventory and objective valuation of positions, matching matrices with the destination agreement, and quantification of differences in base salary, supplements, working hours, guards, and bonuses. We propose transition mechanisms (absorption/compensation, calendar, and milestones) for a defensible implementation.

In addition, we analyze applicable agreements, concurrence, and margin of flexibility (articulation, priority, and procedures) to support the choice of the conventional framework and the viability of the measures.

 

Medical Reports in the Workplace

We prepare medical-labor reports linked to processes of disability, fitness for the job, sequelae, and functional assessment. We analyze in a structured way the clinical documentation and the evolution of the medical condition to determine limitations, prognosis, and impact on professional activity, technically supporting business decisions or procedural positions.

Experience in Negotiation and Judicial Venue

A differentiating element of our practice is the combination of expert capacity and procedural and negotiating experience. We have extensive experience both in the courtroom (ratification and defense of reports before courts and the National Court) and at the negotiating table, accompanying companies in consultation periods and negotiations with union representations and works councils. We translate data and documentation into clear, consistent, and useful arguments for decision-making, facilitating agreements when possible and strengthening the company’s technical position when the conflict reaches the judicial venue.