Rodrigo Solá Torino: The evolution of labor and immigration law in Argentina and its impact on businesses   

"The current challenge is to manage international mobility in an increasingly interconnected world, with processes that require agility and a comprehensive vision."
 

In this interview, Rodrigo Solá Torino, a leading lawyer at Marval O’Farrell Mairal and an expert in labor and immigration law, shares his insights on the evolution of these practices in Argentina, the challenges companies face in terms of international mobility, and the trends shaping the future of legal advice in these areas. With a career spanning decades of experience and a deep understanding of the market, Rodrigo offers us an inside look at legislative changes, negotiation strategies, and the importance of understanding business culture in the management of foreign employees. Argentina - Marval O’Farrell Mairal

Latin Counsel: Rodrigo, what motivated you to specialize in labor and immigration law?

Rodrigo Solá Torino: I joined Marval a few decades ago while studying law. My only contact with labor law had been through a few courses. At Marval, I was assigned to the labor department and discovered a whole new world. The level of activity was very intense in the late 1990s, and every day there were opportunities to work on very interesting cases.

On the other hand, immigration law was not a practice of the firm. Until the early 2000s, the work was referred or outsourced on a case-by-case basis. It was determined that the level of the service providers was not up to the firm’s standards, and I was asked to specialize in the area and do it directly from Marval. I did advisory and management work for several years and went on to head the practice.

They were always related practices that I was able to develop in parallel. Labor law and immigration law are closely related.

Latin Counsel: How has your practice evolved since you started at Marval O’Farrell Mairal?

Rodrigo Solá Torino: I was fortunate to spend my entire career at the firm. Marval is an excellent training ground for students and young professionals, probably the best in our market, something we even hear frequently from our competitors.

The first few years were full of learning and great opportunities, working with different areas of the firm. When I joined Marval, there were about 90 lawyers in the entire firm, less than a third of our current staff. In the 1990s, a full-service firm was designed and built, a project that led to the Marval we know today. The process involved constant growth and the addition of market leaders in each practice area. The labor practice had one partner and about five or six lawyers. Today, we are a large team with more than 30 professionals. The growth was exponential. We divided the practice into labor advisory and litigation. We also cover immigration and social security.

I was fortunate to experience much of this process that changed the labor practice and Marval as a whole, moving from the "analog" stage in one of the most important firms of the 1990s to the current reality, which is much more digital and with undisputed leadership in the market. For several years now, I have been traveling to different events, and Marval’s positioning in the region and in the world never ceases to amaze me.

The practice of law was affected by these changes and by many new developments in legislation. There were also major changes in the area of immigration. The firm always anticipated trends and changes, and required all of us to rise to the occasion, continue studying, and keep up to date.

In labor consulting, contact with clients is constant. It is about accompanying them in the decision-making process that affects employees, decisions that impact a large number of people. That has not changed, or if it has, it has been in the demand for greater involvement of external lawyers in decision-making. We can also talk about a generational change and the professionalization of human resources areas. At the end of the day, the most important thing is to analyze the information provided, know the clients’ business, advise them with the expertise acquired, and seek the best possible result.

Latin Counsel: What do you consider to be the biggest challenge facing companies in terms of immigration today?

Rodrigo Solá Torino: Today’s world is much more connected and interdependent. The movement of people from one country to another is not always defined sufficiently in advance. In this sense, there is often not enough time to generate the documents and complete the files before processing a visa or residence permit. The challenge for companies that operate in several countries and require mobility is to manage the required documentation in a short period of time. For example, an expatriate who has lived in different countries must submit criminal background checks (apostilled and translated) from the countries where they have lived in recent years. This process can take days, weeks, or even months, depending on the case.

In cases of transfers, the possible effects on employment, social security, customs, taxation, and even family law, among others, must be taken into account. This is precisely where Marval stands out, offering a comprehensive approach and covering all legal requirements in any area.

Latin Counsel: In your opinion, what aspects are crucial in negotiating the termination of foreign executives?

Rodrigo Solá Torino: When implementing the termination of foreign executives, there are several crucial aspects. First, planning and a comprehensive preliminary analysis of the case to determine the scenarios and possible courses of action. The employee’s track record can be a significant factor. It is common for employees to have written employment contracts and/or expatriation conditions. We also review previous practices and cases, if any. One point of conflict is the issue of long-term incentive plans.

When negotiating the terms, it is important to be clear about all aspects and the scope of the proposal, the tax impact, etc. As advisors to companies, we seek to achieve a high degree of legal certainty through agreements approved by the administrative or labor court authorities.

Another sensitive issue is the protection of confidential information. Senior personnel have access to information, trade secrets, and information regarding company plans, and although there are protective regulations that apply even without an agreement between the parties, it never hurts to reinforce these obligations explicitly.

Some clients offer non-competition agreements, which must be accompanied by compensation commensurate with the agreed period and scope of the restriction (industry, jurisdiction, etc.).

Finally, it is important to plan for succession, the transfer of positions, functions, and powers, confirm that the board of directors maintains a quorum of local residents, and work to ensure that the departure of an employee does not paralyze the company.

Latin Counsel: What recent changes in immigration law and practice have had the greatest impact in recent years?
Rodrigo Solá Torino: There have been several changes that have had an impact, such as the implementation of the RENURE (Register of Foreign Applicants), the Radex case filing system, the possibility of using the TAD (Remote Procedures) platform, and the payment of fees by electronic means, among others.

Immigration legislation has not changed significantly in recent years.

Latin Counsel: Regarding the importance of negotiations with unions, what is your approach to achieving agreements that are beneficial to all parties?

Rodrigo Solá Torino: Negotiating with unions and union representatives is very challenging. The situation is often underestimated, and serious mistakes are made. Union representatives are generally very well prepared and skilled negotiators. When companies appoint someone with little experience to represent them, they are giving away a lot of ground.

In a beneficial agreement, all parties have to win, but they also have to give ground. It is not easy because sometimes you have to try to "decipher" what the real underlying interest is among all the issues that are thrown on the table.
It is important to be very well informed before starting negotiations. You cannot improvise or offer solutions without considering the impact on the organization.

It is also about building trust on both sides, trying to find common ground, and seeking solutions that respect the interests of all parties whenever possible.

Latin Counsel: What role does corporate culture play in managing foreign employees?

Rodrigo Solá Torino: It is fundamental. It is striking how the approach varies from one company to another. Although there are common trends and patterns, there are also notable differences. Corporate culture is a decisive factor in facilitating things and achieving maximum efficiency in processes, or, conversely, in derailing projects.

Part of the role of the modern corporate lawyer is precisely to understand the corporate culture and the decision-making chain and to help develop them.

Latin Counsel: Can you share a case where the termination of an executive was particularly complicated and how you resolved it?

Rodrigo Solá Torino: In a complex case involving the termination of an executive, we were stuck on the interpretation of the tax impact under recent rules of the agreement we were negotiating. In addition, it is very common that when you talk about a gross amount, the employee hears "net." There was no way forward.

So, faced with the uncertainty of the tax authority’s eventual interpretation, I proposed that the executive assume the risk of any tax contingencies and hold the company harmless. If he was so convinced that he should not be retained, then he would have no problem doing so in writing. He was a solvent individual who could sign an indemnity in favor of the company and honor it. The client thought it was a great solution, and it was signed as such. After the statute of limitations expired, we never had any objections.

On the immigration side, in a recent case, a Canadian client living in Argentina got an excellent job opportunity abroad. While she was completing her "probationary period," her family (husband and daughters) continued to live in Argentina. When it came time to travel, they realized that the authorizations for the minors were in transit with the move, inside a container. Under Argentine law, which prevents international trafficking of minors, it was not possible for the father to leave the country and travel alone with his daughters. The mother could not return to pick them up. Obtaining a travel authorization required several days of paperwork with notaries, apostilles, translations, etc.

Taking advantage of the time difference, using the remote procedures platform and with the excellent cooperation of our diplomatic and consular authorities, we were able to obtain the permit in one day, allowing the family to be reunited at their new destination.

Latin Counsel: What is your perspective on the future of labor and immigration law in Argentina?

Rodrigo Solá Torino: This is an interesting question because we are living in a time of many revolutionary changes, especially in labor law. Almost a year after the labor reform included in the Ley Bases (Basic Law), it is time to take stock of the effects of this momentous legislation.

I remember when we organized the first MAHRC (Marval Annual Human Resources Conference), we were honored to have the Secretary of Labor, who had just taken office. Our auditorium was packed to hear him and other prominent figures and experts.

We are just days away from the second edition of MAHRC, on May 15, and interest has not only not waned, but has multiplied. We have a record number of registrants for this year; everyone wants to participate and join the debate on labor issues that matter to employers. It is curious that in such a short time, an event like MAHRC is beginning to emerge as a classic in Argentina.

I believe that labor law should definitely be protective; that is not up for debate. But it must also be modern and adapt to the times. I do not agree with the unrestricted application of the principle of progressivity. The first to suffer is the worker himself and, above all, those who were unable to enter the labor market.

The reform of the Basic Law was very positive: it recognized other productive realities that are not limited to classifying any type of service as labor, eliminated fines that promoted the "litigation industry," encouraged registered employment and reduced informality, etc. Argentina also needs a cultural change to improve its formal employment rates, competitiveness, and productivity, retain talent, etc.

Latin Counsel: How does your experience abroad influence your current work in Argentina?

Rodrigo Solá Torino: I was fortunate enough to live in Italy for a couple of years when I was young, and that experience has had a decisive influence on where I am today. I had the opportunity to work and gain valuable experience.

When I returned to Argentina, all that experience made me think about a change and led me to study law.

My contact with the diplomatic world also prepared me to represent Marval in various forums, conferences, and events around the world.

Latin Counsel: You have taught at several universities. How do you think formal education influences the practice of law?

Rodrigo Solá Torino: Quality education is fundamental to the practice of law. We are fortunate to have a wide range of universities offering law degrees, both public and private. I remember when I started studying at the UBA, someone told me, "It could be the best, it depends on you." And then I saw it for myself: you can choose the best and most demanding professors, the most prestigious academics and leading figures.

Today, it is clear that a career does not end with a bachelor’s degree. It is the first step. Once you have decided on a specialty, going back to school is another big commitment. True specialization comes in a second stage. You can acquire more in-depth knowledge and stay up to date. Marval looks for those profiles, high grade point averages, those who continue studying. They do not say everything about the candidates, but they say a lot. The pursuit of academic excellence is non-negotiable, because it is the first step toward professional excellence.

Having the opportunity to teach at the university was one of the best experiences and learning opportunities I have ever had.

What skills do you consider essential for a lawyer working in immigration and labor law?

Rodrigo Solá Torino: I think the same things that are common to other areas, such as professional integrity and academic training. But I also think it’s very important to have soft skills that allow you to relate to clients, counterparties, team members, employees, and migrants.

I would say that good training in alternative dispute resolution is a big plus for a lawyer specializing in labor law.

Latin Counsel: How do you stay up to date on trends and changes in labor and immigration law?

Rodrigo Solá Torino: There are two levels: the individual and the team. The key is to pay close attention to what is happening every day, to current issues. In both labor and immigration matters, we have people designated to monitor developments and share them with the team.
They do an excellent job. But there are also other sources of news that we need to pay attention to. Trends and developments are discussed at international events. Sooner or later, that information reaches us too.

Latin Counsel: What is your opinion on the importance of social security in the current labor context?

Rodrigo Solá Torino: I think it’s the issue of the moment. There are many developments with changes in social security and the deregulation of providers. But the "heaviest" part comes from the discussion of the pension system. It’s not an ideological issue; it’s a debate we owe ourselves in order to know how we are going to face the future in a population pyramid that is being inverted between active and passive workers. The problem cannot be ignored.

We have a MAHRC block dedicated to this, with top-level experts invited to participate.

Latin Counsel: If you hadn’t chosen law as a career, what other profession would you have liked to pursue?

Rodrigo Solá Torino: My first inclination was to follow in my father’s footsteps, who was a naval aviator. He discouraged me, anticipating that the level of activity and opportunities for development would be increasingly limited. He was right. So I studied industrial design for a couple of years at the UBA. I was passionate about automotive design. After my experience in Italy and back in Buenos Aires, I started law school and also took up design again, because I hadn’t made up my mind. Until I finally decided on law, and here we are.

Latin Counsel: What are your hobbies and how do you balance them with your professional career?

Rodrigo Solá Torino: I am passionate about horses in general and polo horses in particular. I love watching tournaments and I also play on weekends. It all ends with a third half or a barbecue in the evening with friends.

I like watching all kinds of sports. I watch a lot of rugby, soccer, and tennis. I never excelled at sports, but I always enjoyed playing them.

My "permitted" activity is the Lawyers Polo tournament, which brings together colleagues from all over the world and is played at venues that rotate between different countries and continents. The event also has a charitable side, raising funds for good causes.

I also like reading about history and current affairs. Every now and then, I enjoy going to the theater to see an opera.

Latin Counsel: What advice would you give to new lawyers starting their careers?

Rodrigo Solá Torino: The first thing I would say is to start with an open mind, without prejudging anything. I would recommend that they be the architects of their own professional careers, that they look for the area that interests them most, that they seek out the professional they want to learn from, that they find the place where they want to work, and that they give their all to achieve those goals. Take advantage of all possible training opportunities, not just strictly legal ones. You are at a stage where you can learn from everything and everyone. By investing time and effort in building your professional career, you will be better prepared to achieve your goals.

Latin Counsel: How do you handle the stress and pressure that often come with complex negotiations and litigation?

Rodrigo Solá Torino: Having been fortunate enough to start my career in the late 1990s, stress and pressure were commonplace. The workload was very high and constant, and the team had far fewer lawyers and associates. We worked several weekends in a row, with no time off. It was an extraordinary experience.

Fortunately, times have changed and today we work differently. I believe that each person’s personality is the first factor in managing stress and pressure, but I also believe that these are issues that can be worked on and learned to manage.

I confess that I always felt comfortable with pressure, goals, deadlines, and objectives. Anyone who goes into corporate law has to be prepared for high levels of pressure and stress; it’s part of the game.

Latin Counsel: Finally, what legacy do you hope to leave in your field of expertise?

Rodrigo Solá Torino: Honestly, I don’t have any great ambitions in that regard. I like to think that all the people I’ve had the pleasure of interacting with—co-workers, clients, colleagues on the other side of the table—have fond memories of me. I hope that the people I’ve had the opportunity to mentor remember me with the same great affection and gratitude that I have for those who taught me throughout my career.

With our great team, we have worked on initiatives that, in some cases, have led to concrete changes in legislation.

I take with me those small contributions and the conviction that I have sought to honor what I learned at home, as well as the values and principles that guide our practice at Marval: honesty, integrity, and professional excellence.

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