Valentina Kuscevic
Counselvkuscevic@carey.cl
+56 2 2928 2212
Counsel of Carey's Labor and Corporate Immigration Group. She is also part of Carey Visas. Her practice area focuses on employment, labor and immigration law, advising national and foreign companies in matters such as hiring and termination of employees' processes, outsourcing and externalization of services, employment matters in corporate restructuring processes, including M&A and due diligence.
Likewise, Valentina focuses on the resolution of legal matters associated to cross-border corporate restructurings as well as the structure and implementation of international outbound and inbound assignments, particularly, expatriate processes and planning of immigration solutions (visa and work permits processing) that suits the client’s needs.
REPRESENTATIVE EXPERIENCE
- One of the main financial advisory firms in Latin America, representing a group of investors, on the labor aspects of the acquisition of one of the three largest pharmacy chains in Chile, from a transnational corporation based in UK.
- A German company and global leader in container shipping on labor aspects of the acquisition, for approx. USD1 billion, of the port terminals and inland logistics business of a Chilean multinational company that provides foreign trade services. The operation includes ten terminals in six countries in the Americas, and all the inland logistics business.
- One of the largest insurance companies in the world, on the sale to of the personal and commercial business in Chile, Brazil, Colombia, and Ecuador. The acquisition is estimated for a total deal value of approximately USD1.48 billion. Upon closing, the group is expected to become the third-largest insurer by premium income in property/casualty business in Latin America.
- A shipping company on labor matters regarding the incorporation of a wellboats company, including the due diligence and the negotiation of the respective agreement. Additionally, on the cross-border restructuring of the workforce, the implementation of different hiring structures and the analysis of implications associated to the change of employer.
- A leading biopharmaceutical company, and one of the largest producers of vaccines against Covid-19 in the world, on the relocation of a group of expatriates and also, on the onboarding process of national employees, including the analysis of different hiring structures, drafting employment documents, advising on the immigration alternatives and issuance of visas and work permits required to work and live in Chile.
- An international service and consulting technology company on the design of a relocation strategy for high-level LatAm executives, from an employment, tax, and social security perspective. This process involved planning the suspension of the Chilean employment relationship and its implementation and the planning of the cross-border chargeback between LatAm jurisdictions.
- A financial entity on a massive termination process, including the analysis of the strategy for terminating the employees, the preparation of termination documents, the retention strategy of the employees needed for the wind-up process and the negotiation with employees protected with dismissal privileges.
- An Asian electric utility corporation on the labor issues related to the acquisition of a local energy company, its subsidiaries and other energy related entities. The advice included employment issues in the due diligence and the negotiation of the purchase agreement and hiring and immigration matters.
- A pharmaceutical company on the termination processes of all its employees in Chile, including an analysis of the different courses of actions available to carry out the terminations and its associated risks, preparation of all employment documentation and assistance during the communication process.
- A multinational company on the preparation and negotiation of a regional outsourcing agreement, including an analysis of regulatory and labor risks. Additionally, on the preparation and review of the documents to obtain the required corporate authorizations pursuant to Chilean laws and regulations (e.g. board meeting minutes, essential facts (hechos esenciales), review of independent evaluation report, shareholder meeting minutes, etc.)
- A financial institution focused on granting financial services to vulnerable entrepreneurs on a massive termination process which took place simultaneously in several regions in Chile.
- A global investment company on the due diligence of a salmon producer company, which included the revision of the labor compliance of the company, including employment contracts, benefits, collective matters, outsourcing of services, labor trials and administrative fines, among others.
- A German maritime shipping company on a labour due diligence process, employee transfer and retention scheme for key employees, due to an M&A transaction with a Chilean maritime company to jointly become one of the largest shipping companies in the world.
ACTIVITIES AND MEMBERSHIPS
- Member of the global immigration group, Employment Law Alliance (ELA).
- International Associate, American Immigration Lawyer Association (AILA).
- Member of the Board of the Expert Female Lawyers Commission, Colegio de Abogados de Chile (Chilean Bar Association).
- Member of the Chilean Bar Association.
RELATED AREAS
EDUCATION
- Law, Universidad Católica de Chile.
- Degree in Labor and Social Security Law, Universidad Católica de Chile (2012).
- Master in Labor and Social Security, Universidad Adolfo Ibáñez (2015).
- Course in Management of Workplace Harassment, Universidad Adolfo Ibáñez (2020).
- Course in Immigration Legislation and Hiring of Foreign Employees, Universidad Católica de Chile (2021).
ADMISSIONS
- Chile (2011).
LANGUAGES
- Spanish.
- English.
