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Carey

Oscar Aitken

Oscar Aitken

Partner

Expertise

  • Corporate Immigration
  • Infrastructure and Project Development
  • Construction and Engineering
  • Labor and Employment Law

WSG Practice Industries

Activity

WSG Leadership

Employment and Labor Group
Member
IBA Group
Member
WSG Coronavirus Task Force Group
Member

Carey
Chile

Profile

Partner of Carey and co-head of the Labor and Corporate Immigration Group and co-head of the Construction and Engineering Group. His practice includes litigation and arbitration, contracts, and general civil practice.

His labor and corporate immigration practice includes collective bargaining, union matters, unfair labor practices, compensation and benefits, discrimination and general violations of employee fundamental rights, employment termination, work related illnesses and accidents, labor related litigation of all types, as well as work permits and visas for foreign personnel.

In the construction and engineering practice, Mr. Aitken has vast experience in contracts for all phases of engineering work, as well as in all forms of construction and infrastructures related contracts including Design Built, EPC, EPCM and BOT. His practice ranges from experience with early stages of project development to bidding (including public concessions and PPP project), negotiation and preparation of contract documents, claims management and dispute resolution.

Mr. Aitken also has experience in real estate and has been involved in a variety of projects from development of natural conservation parks to housing projects, office and apartment buildings, hotels, industrial developments, etc.

Bar Admissions

Chile (1989).

Education

  • Law, Universidad de Chile (Summa Cum Laude).
  • LL.M., University of Michigan (1991).
Areas of Practice

Construction and Engineering | Corporate Immigration | Infrastructure and Project Development | Labor and Employment Law

Professional Career

Significant Accomplishments

  • Lawyer of the Year Award in Immigration Law, Best Lawyers (2020).
  • Recognized in Labor and Employment and in Projects, Chambers Latin America.
  • Recognized in Project Finance & Infrastructure and in Labor, Latin Lawyer 250.
  • Recognized in Labor and Employment, The Legal 500.
  • Recognized in Labor and Employment, LACCA.
  • Recognized in Thought Leaders: Construction and Labor & Employment; and in Corporate Immigration, Government Contracts, Mediation, Pension & Benefits, Who’s Who Legal.
  • Recognized in Immigration Law, Labor and Employment, Project Finance and Development, Best Lawyers.
  • Recognized in Project Development, IFLR1000.
  • Lawyer of the Year Award in Labor & Employment, Best Lawyers (2015).
  • Winner in the Real Estate Category, Leading Lawyers, Idealis (2014).
  • Recognized in Construction, Expert Guides.


Professional Activities and Experience

  • Professor of the Degree in Corporate Governance and Compliance, Law School, Universidad del Desarrollo (since 2018).
  • Professor of Specialization in Construction Law, Law School, Universidad de los Andes (since 2015).
  • Vice co-chair and co-chair of the Dispute Resolution Sub-Committee and International Construction Projects Practice Group, International Bar Association (2010-2014).
  • Arbitrator of the Arbitration and Mediation Center, Santiago Chamber of Commerce.
  • Founding fellow and past board member, International Academy of Construction Lawyers (IACL).
  • Founding fellow and president, Chilean Society of Construction Law.
  • Member of the Chilean Bar Association.
  • Member and past board member, Centro de Estudios de Derecho del Trabajo (CEDET).
  • Member of the American Immigration Lawyers Association (AILA).
  • Carey’s representative at Employment Law Alliance (ELA).
  • Assistant Professor of Labor Law, Universidad de Chile (1990-1999).

Articles

Law No.21,263 that Temporarily Amends the Requirements and Increases the Benefits’ Amounts of the Unemployment Insurance on the Occasion of the Pandemic caused by Covid-19, and Improves the Benefits of the Employment Protection Act
Carey, September 2020

On September 4th, 2020, law No.21,263 (hereinafter, the “Law”) was published in the Official Gazette, which temporarily amends the requirements and increases the benefits’ amounts of the unemployment insurance established in law No.19,728 (hereinafter, “Unemployment Insurance Act”) on the occasion of the pandemic caused by COVID-19, and improves the benefits regulated in law No.21,227 (hereinafter, “Employment Protection Act” or “LPE”[1])...

LAW No.21,260, which Establishes Teleworking for Pregnant Employees in Case of State of Catastrophe, Extends the Maternity Dismissal Privilege That Expires Within the Current State of Catastrophe, and Others
Carey, September 2020

Law No.21,260 (the “Law”) which modifies the Labor Code to permit the remote work or teleworking to pregnant women in case of state of catastrophe, for a public calamity, due to an epidemic or pandemic arising from a contagious illness (the “State of Catastrophe”), and also establishes other exceptional rules, has been published in the Official Gazette on September 4th, 2020...

Emergency Parental Leave is Published
Carey, July 2020

On Monday July 27th, Law No. 21,247 which establishes special benefits for some parents and children’s guardians (the “Law”) in the context of the COVID-19 pandemic, was published on the Official Gazette. The main aspects regulated by the Law, are the following:   I. Preventive parental leave It consists in the granting of preventive leave for taking care of children whose parents were making use of the parental postnatal leave...

Additional Articles

  • Author of the Chilean chapter in Covid-19 Latin America Guide for Employers, Employment Law Alliance (ELA) (2020).
  • Co-author of the Chilean chapter of Construction and Projects Q&As Global Guide, Thomson Reuters (2018-2020).
  • Co-author of Chilean chapter, Outsourcing Book, Getting the Deal Through (2013-2015).

WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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