SEMINAR – Thursday, March 21, 2013
On March 21, the Paris office held a Seminar on Diversity in the workplace, focusing on legal obligations that are applying and best practices and lessons learned in France, the UK, US and Germany. Continue Reading
1. What are the primary sources of labor and employment rights in Brazil?
There are four major sources of labor and employment rights in Brazil: (i) the Federal Constitution; (ii) the Brazilian Labor Act (Consolidação das Leis do Trabalho, or “CLT”); (iii) collective bargaining agreements; and (iv) employment contracts (including companies’ common practices).
2. Under what law are labor contracts governed?
Under Brazilian law, any labor contract is governed by the law of the country in which the services are rendered (territoriality principle or lex loci executionis). Thus, if all workers are based in Brazil and perform their activities in Brazil, their employment is subject to Brazilian legislation. Continue Reading
In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or extraterritorial application of one of the whistleblowing statutes enforced by the DOL. This blog posting summarizes the ALJ’s decision and analyzes the impact for multinational employers. Continue Reading
Over the past 2 years, several European countries, like Spain or the UK, have decided to simplify and lighten their labor and employment regulations to enable their companies to compete with emerging markets and to face the economic crisis.
In France, the Government has opted not to unilaterally modify the law but to give the employees’ and employers’ unions time to negotiate on that particular sensitive topic so that the fruit of their negotiation be reflected into a specific agreement to be transposed into the French labor Code. Continue Reading
Social media around the world continues to evolve and so does the International Labour Group at Proskauer. For a second year in a row, Proskauer and its global partners have conducted a survey of multinational businesses to find out about how they are dealing with use of this new media in the workplace. Our second annual global survey about the use of social media was published towards the end of 2012 and again we received over 120 responses. Continue Reading
Around the world, the issue of bullying, mobbing and harassment at work is one which is attracting more and more attention, both in the media and through legal developments which are increasingly protective towards employees. The growing worldwide prominence of this issue means it is more important than ever for multinational businesses to have global policies in place to prevent bullying, mobbing and harassment. However, as is often the case, creating a policy that works for all jurisdictions is not always easy – the duties imposed on employers to prevent bullying, mobbing and harassment as well as the definition of these terms can vary widely across jurisdictions. Further complicating this challenge is the fact that national-level governments, courts and labor administrations have recently been setting and enforcing even stricter rules on this issue. For example, the French Labor Administration recently issued a new regulation emphasizing the role the state Labor Inspector plays when employees file harassment claims (Regulation DGT 2012/14 12 November 2012) and in the UK, there have been recent cases which have expanded the definition of harassment to cover both “associated characteristics” (where someone is harassed not because of a characteristic they possess but because of a characteristic of someone with whom they are associated) and “perceived characteristics” (where someone is harassed because they are perceived to have a particular characteristic which they do not in fact have).
This post outlines the main rules that are applicable with regard to workplace moral harassment in several key European jurisdictions: Bullying, Harassment and Stress in the workplace – A European Perspective.
Increasingly, companies with operations or employees in more than one country are exposed to the risk of court proceedings in a foreign jurisdiction and the unfamiliar practices and procedures arising out of overseas litigation. Naturally, a flurry of questions arises: Can we arbitrate? Must mediation be pursued? How long will the process take? Understanding the basic mechanisms used in labor and employment dispute resolution around the world can help companies understand what to expect and better prepare strategies and tactics tailored for specific jurisdictions. This post offers a high-level overview of the procedures used for resolving employment disputes in major jurisdictions around the world, focusing on China, France, Germany, South Africa, Spain, the United Kingdom and the U.S. Continue Reading
SEMINAR – Wednesday, November 14, 2012
Our Fall Seminar was organized with speakers from 7 countries and 4 continents – North America, South America, Europe and Asia. Complementing our own global team of savvy and experienced labor and employment lawyers from the U.S, China, England and France, we were proud to welcome our colleagues from Gleiss Lutz from Germany, Marval, O’Farrell & Mairal from Argentina and Stibbe from The Netherlands, part of our global network of partner firms. Continue Reading
For the first article of this blog, the Proskauer International Labor Group has decided to focus on this tricky question since we know that our friends and clients having an international presence face various issues when it comes to try to comply with all different local regulations about data privacy. Continue Reading
SEMINAR – Wednesday, March 28, 2012
Assigning employees overseas is an increasingly important consideration for international businesses. In our globalized world, there is a growing perception that geography cannot operate as a barrier to placing the right talent into the right job. Indeed, for many global businesses, spending time abroad and having first-hand experience of overseas operations is increasingly viewed as a key criterion for career progression.
Proskauer’s International Labor & Employment Law Group proposed an overview of the issues associated with mobile executives and international assignments. We were joined by speakers from our offices in France, the U.K. and the U.S. as well as from the German law firm, Gleiss Lutz.
The aim of the session was to focus on important practical issues and developments, including:
Daniel Ornstein, Partner, London
James Gregory, Partner, New York
Jennifer Wheater, Partner, London
Peta-Anne Barrow, Associate, London
Cécile Martin, Associate, Paris
Dr.Thomas Winzer, Partner, Gleiss Lutz, Frankfurt
Internationally Mobile Executives – March 28, 2012