The Employer Report

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Ben Ho introduces Nadege Dallais to talk about employment laws in France and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. It should become easier for international companies in France to demonstrate that they are experiencing financial difficulties when trying to support economic dismissals

2. Damages in connection with unfair dismissals will become a bit more predictable because French law now places both a floor and a ceiling on the amount of damages available

3. Employee representation will become more simplified with employee delegates, health and safety committee and works councils being merged into one social and economic committee known as the CSE

4.  In house collective bargaining agreements should introduce more flexibility to employers because they will now be able to govern areas that historically were only set by law

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Joe Deng introduces Gil Zerrudo to talk about employment laws in the Philippines and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Employers should review their contingent workforce due to greater enforcement
2. Employers should take stock of talent pipeline to prepare for potential downturn in global economic activity
3. The Philippines is a good and welcoming country for employers that are looking to expand

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Susan Eandi introduces Rowan McKenzie to talk about employment laws in Hong Kong and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Increase in minimum wage – came through in May 2017
2. Be aware of what right to reinstatement may end up looking like
3. Cognizant of potential changes in work hours and overtime for low wage earners
4. Abolition of the Mandatory Provident Fund offset upon termination and any potential relief that may be provided to employers
5. Staying ahead of potential changes to immigration policy

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Susan Eandi introduces Chris Burkett from Toronto to talk about employment laws in Canada and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Employers must review their workplace health and safety policies to ensure that anti-harassment polices are up to date and that training is in place, particularly around sexual harassment. Stay ahead of the curve by keeping an eye on what is happening globally.
2. Review termination clauses in employment agreements to ensure compliance with ESA and clarity of language and intent.
3. Implement the minimum wage and equal pay obligations that are now in force.
4. Be proactive in managing the use of cannabis in the workplace, particularly where accommodation requests come into play.
5. Prepare for expanding supply chain + ESG transparency and global corporate human rights obligations. If operating globally, ensure you have a policy and due diligence program in place to mitigate adverse human rights impacts and lower risk of exposure to human rights lawsuits and reputational damage.   

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Kerry Weinger introduces Liliana Hernandez-Salgado from Mexico City to talk about employment laws in Mexico and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Companies doing business in Mexico must stay tuned for further developments related to outsourcing regulations. Meanwhile companies with a traditional corporate structure of two legal entities, must review their corporate structure and outsourcing arrangements to mitigate labor, social security and tax risks.
2. 2018 appears to be a year of significant amendments to the labor legislation in Mexico, mainly related to procedures to resolve individual and collective disputes. The amendment to the Mexican Constitution in 2017 could represent significant changes related to freedom of association, by establishing the obligation for unions to prove that they represent workers of the Company in order to file a strike call for the execution of a collective bargaining agreement. If the Mexican labor laws are amended in these terms, the practice of companies in Mexico to execute collective bargaining agreements to prevent a strike call, commonly known as "protection agreements", will come to its end. 
3. Companies must review their anti-corruption, discrimination and harassment policies in the workplace. The implementation of appropriate policies, not only allow companies to impose disciplinary actions against employees who breach them, but they also prevent risks for the Company, including penalties from government agencies, payment of damages and even criminal liability.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Carole Spink introduces Lois Rodriguez from Madrid to talk about employment laws in Spain and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Continued debate on the treatment of permanent versus temporary workers, including the issue of severance entitlements
2. Debate on requirement to track hours – different obligations for part and full time employees.
3. Increased attention to gender pay issues and more generally equal pay rights
4. EU trade secret directive offers greater opportunities to protect trade secret. Importance of being proactive to benefit from this protection.
5. Implementation of GDPR which goes into effect in May 2018. Companies should make sure they comply with the new data privacy obligations.

Disclaimer:

Baker McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Ben Ho introduces Monica Kurnatowska to talk about employment laws in the UK and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Brexit – UK employment rights will generally be unaffected in the short term, but there is concern from nationals from other EU states about their right to remain, despite attempt to re-assure them by the government
2. Gig economy – closer scrutiny on misclassification of workers
3. Gender pay gap – companies with 250 or more employee in GB, are required to publish key data points relating to the difference in pay between men and women.

Disclaimer:

Baker McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Joe Deng introduces Tomohisa Muranushi to talk about employment laws in Japan and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Reduce excessive overtime
2. Encourage greater female participation
3. Watch out for developments regarding fixed term contracts

Disclaimer:

Baker McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Carole Spink introduces Steffen Scheuer from Munich to talk about employment laws in Germany and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. Restrictions to use of temporary workers
2. Increasing measures to address gender gap issues
3. Scrutiny by works councils on equity programs granted by US parent companies

Disclaimer:

Baker McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.

Welcome to Baker McKenzie's Employer Report podcast series, where each episode we share an inside view of employment laws in various countries around the world, highlighting legislative changes, trends, and tips for multinational employers.

Description: Baker McKenzie partner Kerry Weinger introduces Leticia Ribeiro from Sao Paulo to talk about employment laws in Brazil and give an overview of what has changed in 2017 as well as what we can expect for the year ahead.

Key Takeaways:

1. With the labor reform, it is time to revisit local practices, policies and agreements, and confirm that they are consistent with the new law
2. While it is important to adjust to the new provisions of the labor code, it is important to do so with caution as we are hearing that the labor court judges might be a bit resistant to some changes that were recently introduced
3. With the very near implementation of the eSocial program, multinational employer must be ready to start the required reporting and that the information reported will not create any issues

Disclaimer:

Baker McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. Before you send e-mail to Baker & McKenzie, please be aware that your communications with us through this message will not create a lawyer-client relationship with us. Do not send us any information that you or anyone else considers to be confidential or secret unless we have first agreed to be your lawyers in that matter. Any information you send us before we agree to be your lawyers cannot be protected from disclosure.