EMPLOYMENT LAWS OF FOREIGN COUNTRIES
- Global
- Australia
- Brazil
- Canada
- China
- Denmark
- Germany
- Hong Kong
- India
- Italy
- Malaysia
- South Africa
- Thailand
- Vietnam
By Susan Bisom-Rapp, Professor of Law, Thomas Jefferson School of Law, San Diego, California -- Originally published in the Comparative Labor Law & Policy Journal, Vol. 25:2 (2005) (Reprinted With Permission)
This article discusses the emergence of international labor and employment law as a niche area for employment law specialists worldwide.
CAP FOR UNFAIR DISMISSALS INCREASED TO $101,300-- September 2007
By Karli Evans, Freehills http://www.freehills.com/
This article discusses that highly salaried employees when discharged are precluded from filing certain statutory based claims. The statutory claim for unfair dismissal makes provision for certain employees to file claims for wrongful termination claims with the Australian Industrial Relations Commission. However, employees whose salary exceeds a prescribed amount at the time of termination cannot bring statutory unfair dismissal claims. The relevant annual remuneration was increased in July to (Aus)$101,300.
EMPLOYER FOUND LIABLE FOR PSYCHOLOGICAL INJURY---- September 2007
By Chris Barton and Danielle King, Freehills http://www.freehills.com
This article discusses an Australian court ruling that an employee victimized by workplace harassment can be compensated for aggravation of a medical condition that predisposed him to psychological injury, pain and fatigue.
BRAZIL: LABOR RELATIONS --December 2006
By Tozzini Freire Advogados http://www.tozzinifreire.com.br/
WORKPLACE HARASSMENT-- September 2007By Roper Greyell LLP http://www.ropergreyell.com/
This article discusses the Ontario Court of Appeal's decision in Menagh v. Hamilton (City) upholding the discharge of manager for sexual harassment of a female employee who spurned his romantic advances. The Court emphatically stated that sexual harassment will not be tolerated in the workplace.
LITIGATING AND ENFORCING HUMAN RIGHTS IN CANADA-- Winter 2007
This article provides a summary of the protections afforded workers under Canada's human rights/anti-discrimination laws.
By Heenan Blaikie LLP /www.heenanblaikie.com
EMPLOYEE PRIVACY PROTECTIONS and WHISTLEBLOWER PROTECTION-- Winter 2006
This article provides a summary of employee privacy rights and the protections afforded employees who become whistleblowers.
By Heenan Blaikie LLP /www.heenanblaikie.com
PRC EMPLOYMENT CONTRACT LAW ENACTED -- July 2007
By Isabelle Wan, Transasia Lawyers http://www.transasialawyers.com/
This article provides an excellent detailed summary of the "Employment Contract Law," enacted on June 29, 2007. The Employment Contract Law brings about a major transformation in Chinese employment laws. It significantly changes the rights and obligations of employers and employees. The Employment Contract Law will come into effect on January 1, 2008.
By Anders Etgen Reitz, Bech-Bruun http://www.bechbruun.com/
This article discusses legal issues involved in the secondment of foreign workers in Denmark by non-Danish employers.
EMPLOYMENT DISCRIMINATION, WHISTLEBLOWING AND RELATED TRENDS: NEW THREATS FOR MULTINATIONAL EMPLOYERS --April 2006
By Anders Etgen Reitz, Bech-Bruun http://www.bechbruun.com/
This article discusses issues related to US multinationals application of their Sarbanes-Oxley Act (SOX) whistleblowing policies at their Danish subsidiaries.
By Dr. Jan Tibor Lelley, Buse Heberer Fromm Rechtsanwälte http://www.buse.de/
By Duncan Abate and Veronica Ng, Johnson Stokes & Master http://www.jsm.com
This article discusses the expansive jurisdiction invested in the specialty Labour Courts as the exclusive forum for resolving most disputes between employers and their employees.
WHAT HAPPENS TO EMPLOYEES ON THE TRANSFER OF A BUSINESS? --June 2006
By Duncan Abate, Johnson Stokes & Master http://www.jsm.com
This article discusses conflicting court decisions on the issue whether employees who transfer employment due to a sale of a business are eligible for statutory and contractual termination benefits even though they do not actually suffer a discontinuance of employment.
NON COMPETE COVENANTS IN EMPLOYMENT CONTRACTS --August 2007
By Anand Prasad and Biraj Tiwari, Trilegal
LEAD US NOT INTO TEMPTATION --August 2007
By Karan Singh & Parveen Khodaiji-Shah, Trilegal
This article discusses the court's approach to enforcement of non-solicitation agreements.
NEW OBLIGATIONS ON INFORMATION AND CONSULTATION OF THE EMPLOYEES--July 2007 (in English) (in Italian)
By Rosanna Sovani and Francesca Perri, Lauro Sovani & Associati http://www.lauro-sovani.it
This article discusses new duties imposed on companies to inform and consult employees and Works Councils concerning decisions likely to lead to substantial changes in the workforce such as mergers, sales of business and business reorganizations.
TRANSFER OF THE SEVERANCE INDEMNITY TOWARDS COMPLEMENTARY PENSION SCHEMES-- December 2006 (in English) (in Italian)
By Francesca Lauro, Lauro Sovani & Associati http://www.lauro-sovani.it/
This article discusses TFR, a form of deferred salary that is accrued annually on behalf of the employee and is based on the employee's salary and years of service. Prior to January 1, 2007, the TER amount accrued was paid in a lump sum to the employee upon termination of employment. In December 2006, legislation was enacted allowing for the employee the option to have TFR sums accrued after January 1, 2007 contributed to a pension plan, rather than held by the employer until termination of employment.
LABOUR MARKET REFORM - APPROVAL OF THE "BIAGI LAW" --October 2003
LABOUR LAW REFORM - FOLLOW UP --January 2005
By Francesca Lauro and Edoardo Maria Ceracchi, Lauro Sovani & Associati http://www.lauro-sovani.it/
These articles discuss very significant employment law reforms enacted by the Italian Government to make its businesses more competitive. The most important changes include the allowance of new types of "flexible" employment relationships.
By Peh Lee Kheng, and Daphne Au, Zaid Ibrahim & Co http://www.zaidibrahim.com/
This article discusses whether an employee concerned that he is being asked to perform an illegal act must carry out the directives of the employer. The Malaysian Federal Court ruled that the employee must comply with the employer's work assignment for failure to do so is insubordination. Thereafter, he can challenge its legality in separate proceedings or through the labor union.
DISMISSAL FOR THE WRONG REASONS
This article provides practical guidelines to avoid wrongful termination claims.
By Professor Barney Jordaan Maserumule Employment Consultancy (Pty) Ltd http://www.masemco.co.za/
FLEXIBLE EMPLOYMENT RELATIONS REMAIN POSSIBLE
This article contains guidelines for establishing legitimate independent contractor relationships; both directly with the worker and through a third party employment agency.
By Professor Barney Jordaan Maserumule Employment Consultancy (Pty) Ltd http://www.masemco.co.za/
ARBITRATION CLAUSES IN EMPLOYMENT AGREEMENTS - WATERTIGHT OR PROVIDING A LOOPHOLE? --April 2006
By Carolin Rost, Johnson Stokes & Master http://www.jsm.com
This article discusses the enforceability of employment contract provisions requiring that all employer-employee disputes be resolved through private arbitration, thus waiving either party's right to seek relief before the courts.
NEW SOCIAL INSURANCE LAW-- February 2007
By Dao Nguyen, Ly Le, Johnson Stokes & Master http://www.jsm.com
This article discusses changes to the social security/insurance law which took on January 1, 2007. Under the social insurance law, employers' contributions are mandatory and fund sick benefits, maternity benefits, benefits for occupational injuries and illnesses, retirement benefits and death benefits.
