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Tatiana Garcés Carvajal

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Tatiana Garces Carvajal is a lawyer and a specialist in Labor Law, graduated from Pontificia Universidad Javeriana, with post-graduate studies in Commercial Law from Universidad de los Andes. She has over 30 years of experience advising major clients on matters related to individual and collective Labor Law. For three years, she worked at Alcalis de Colombia, occupying the positions of Director in charge of the HR Department, head of the Legal Division of the Betania Plant, and as a Lawyer in the Legal Department. Previously, she worked as Head of the Personnel Department at AGA Ltda., and as a paralegal at the law firm Esguerra, Gamba, Barrera y Arriaga Asociados. In addition to her experience 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 participated at the 93rd Conference (2009). Currently, Tatiana is a member of the Javeriana University Law School Council representing graduates from Universidad Javeriana. She joined Baker McKenzie Bogotá office in 1992 as an Associate in the Labor Law department and was appointed partner on July 1st, 2000. In 2017 she was appointed as Managing Partner for 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 and Compensation group in Latin America, until June of 2021. In the exercise of these functions, Tatiana was part of the Steering Committee of the Global Employment and Compensation Group, as well as of the Global Policy Committee of Baker McKenzie. Currently, she is part of the Employment and Compensation Steering Committee for Latin America, leads the Bogotá Employment & Compensation practice and as a member at large is part of the Global Employment & Compensation Steering Committee of Baker McKenzie.

Inclusion and diversity are key factors today. As gender, racial, and ethnicity pay gaps have been slow to narrow, governments in Latin America have introduced more requirements to further reduce these differences.
In this quick overview, the Employment & Compensation group presents recent trends in pay equity in Latin America, highlighting critical issues to consider for your day-to-day decision-making.

As the constant changes in the region can affect companies’ operations, for effective decision making, it is vital to have updated information about the employment landscape in each of the jurisdictions.
In this quick overview, the Employment & Compensation group presents the main recent regulatory developments in Latin America, highlighting critical issues to consider.

Artificial intelligence (AI) continues to transform the workplace. Much like in countries across the globe, the benefits of new AI technology are gaining traction in Latin America. However, employers should be aware of its risks, particularly in our regions’ context

Antitrust and competition authorities around the world, including LATAM, are undertaking investigations and ongoing proceedings dealing with “no-poach” agreements. Increased scrutiny from these regulators means that companies and staff that agree not to poach employees from others, or fix wages, are increasingly in risk of significant financial and even criminal penalties in some jurisdictions..

Join our Antitrust, Employment and M&A partners for a complimentary webinar on 6 October 2022 where we will analyze the regulatory and enforcement landscape in the US on no-poach, including the trends we are seeing in Latin American countries and the various cases by antitrust authorities in the region.

On 7 August 2022, Gustavo Petro Urrego became the new President of the Republic of Colombia for the period 2022-2026, along with the Vice-President, Francia Márquez. Both are members of the political party Pacto Histórico, which is known for promoting center-left social, political and economic initiatives. The governance plan of the President evidences that employment, compensation and social security matters will be part of the focal points of his office.

As organizations settle into more flexible working arrangements in the wake of the pandemic, we are seeing a wave of changes in Inclusion, Diversity & Equity-related legislation. Across the globe, governments are seeking to augment long-established, generic laws on equality to promote inclusion and diversity in the workforce and keep up with measures that many organizations are already implementing. In this HR Trend Watch, we summarize recent trends and developments in I,D&E, focusing in particular on those relating to women in the workplace and work-life balance.

Burnout in the workplace has become more widely recognized throughout the region. While workforce transformation is not a new concept for global organizations, the pandemic has forced us to rapidly adapt our standard ways of working and how we engage with employees, to ensure employee retention and the long-term viability of the business.
Per a study recently developed by Gallup, 43% of the world’s workers are experiencing daily stress and are, therefore, at risk of developing burnout. However, it was only recently that the World Health Organization included it as an occupational disease, which means that companies must be even more prepared to address and manage burnout cases properly. Lack of policies and protocols may aggravate risks for lack of proper employee support. Furthermore, many Latin American countries have undergone complex legal changes, which in many cases resulted in new regulations to protect employees in these situations.

In this report, we take a closer look at Latin America’s I&D landscape through the eyes of our local experts. While legal frameworks aimed at addressing inequality in the workplace have been slow to evolve, organizations in LATAM are getting ahead of lawmakers, implementing more evolved I&D strategies as they seek to respond to stakeholder and shareholder demand and to attract the next generation of workers

Since the inception of the European Union’s Whistleblowing Directive in 2019, we have seen greater scrutiny of whistleblowing practices and a number of key jurisdictions beyond Europe upgrading their whistleblowing laws. Read on for a summary of the latest developments in whistleblowing laws across the globe.