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Tatiana Garces

Tatiana Garcés Carvajal

Partner
Baker & McKenzie S.A.S.

Biography

Tatiana has over 30 years of experience advising major clients on matters related to individual and collective labor law. For 3 years, she worked at Alcalis de Colombia, as HR Director in charge, head of the Legal Division of the Betania Plant, and lawyer in the Legal Department. Previously, she worked as head of the Personnel Department at AGA Ltda.

In addition to her activity as professor, lecturer, author of several publications and arbitrator in labor collective disputes, she served as technical adviser to the employers' delegate for Colombia at the 98th Session of the International Labor Organization in Geneva (2015). She also assisted at the 93rd Conference (2009). Tatiana is a member of the Universidad Javeriana Law School Council representing their graduates.

She joined Baker McKenzie Bogotá office in 1992 as an associate in the Employment & Compensation Practice and was appointed partner and leader on July 2000. In 2017 she was appointed as managing partner of Baker McKenzie Bogotá office, which made her the first woman in Colombia to hold this position in a law firm. In addition to this position, she led the Employment & Compensation Steering Committee for Latin America until June of 2021.

Tatiana was member of the Steering Committee of the Global Employment & Compensation Practice, as well as of the Global Policy Committee of Baker McKenzie. Tatiana continues as the head of the Bogotá Employment & Compensation Practice, and as member of the Employment & Compensation Steering Committee for Latin America of Baker McKenzie.

Practice Focus

Tatiana advises on all aspects arising throughout the employment relationship, from hiring, managing, and exiting the workforce, in particular complex individual or collective termination cases and cross border matters. She concentrates on payroll benefits, quasi-fiscal contributions, labor audits, transfers and labor matters arising from mergers, acquisitions, and divestures along with tax and supply chain restructuring, including outsourcing and online modern workforce models. Tatiana handles high impact litigation cases for multinational clients, complex investigation matters, and compliance issues, with focus on diversity, equity and inclusion regulations and policies, and remote work models.

Representative Legal Matters

  • Advised several multinationals and start-ups on employment and social security considerations in operating in Colombia and various potential business models including direct hire, third party agencies and contractor models.

  • Advised on multinational corporations across various industries - life sciences and industrials, as well as technology and telecoms - on cost-cutting strategies including suspension of employment agreements, shutdowns and reductions in force across the region.

  • Advised clients either as seller or buyers on employment and social security matters in due diligence processes and numerous Colombian and cross-border transactions and integrations covering over 15 jurisdictions in Latin America.

  • Currently representing one of the leading American multinational energy corporations, advised the client on an asset sale which included a significant pension liability and coordinated not only pension advice, but also legal support on regulatory and antitrust aspects.

  • Lead internal compliance investigations in Colombia and involving different jurisdictions, connected with workplace harassment and potential non-compliance, as an independent third party; conducting over 100 interviews with employees and third parties and proposing integral solutions for the specific cases and as improvement areas for corporations.

  • Defeated several tutela actions filed by former employees regarding claims of termination of employment agreements due to health conditions and mental health issues and health issues, and obtained successful rulings following trials in which the non-salary nature of certain benefits was challenged.

Professional Associations and Memberships

  • Colombian Labor Law Bar Association
  • Javeriana Law School Bar Association
  • Founding Member of Women in Connection Colombia
  • Member of ACRIP Legal Committee
  • Member of ANDI Labor Relation Committee

Admissions

  • Colombia (1988)

Education

  • College of Higher Administration Studies - CESA (Course on Women's Leadership on Boards of Directors, Fourth Promotion) (2021)
  • Manuel Teodoro Media Trainers (Training Media Spokesperson Training) (2019)
  • Bogotá Chamber of Commerce (International Program of Training for Lawyers on Companies and Human Rights) (2019)
  • Seminarium Colombia (Seminar Planning and Execution of the Business Strategy) (2019)
  • Universidad de los Andes (Course Management and Leadership in Law Firms) (2014)
  • International Labour Organization (Switzerland) (Course International Labor Standards for Magistrates, Jurists and Law Professors) (2012)
  • Pontificia Universidad Javeriana, Faculty of Law (Post Graduate Degree Labor Law) (1997)
  • University de Los Andes (Post Graduate Degree Commercial Law) (1991)
  • Pontificia Universidad Javeriana, Faculty of Law (JD) (1988)

Languages

  • English
  • Spanish

Conference, "Congreso Nacional de Derecho Laboral y Seguridad Social," Colegio de Abogados del Trabajo Colombia, Cartagena, November 2023

Conference, " Reestructuración del escenario laboral. Construyendo el Futuro del Empleo en Colombia," Cumbre Laboral ACRIP, Bogotá, August 2023

Conference, " 2° Encuentro Nacional de Seguridad y Salud en el Trabajo," ANDI, Cartagena, November 2022

Conference, "Congreso Nacional de Derecho Laboral y Seguridad Social," Colegio de Abogados del Trabajo Colombia, Cartagena, October 2022

Panelist, " Urgent and immediate challenges for the current labor law," Second Labor Encounter, organized by Legis and the Colombian Labor Law Bar Association, Feburary 2022

Panelist, “Effectiveness of permanence clauses, exclusivity, confidentiality, business secrecy and non-competition in employment contracts,” 39th National Congress of Labor and Social Security, organized by Colombian Labor Law Bar Association, Cartagena, November 2021

Firm Committee Memberships

  • Client Service Director for AT&T
  • Latam Global Evaluator as part of the Principal Nomination Regional Committee
  • Latam Employment & Compensation Steering Committee of Baker McKenzie