Getting Started & Global Expansion

In our latest podcast, Baker McKenzie partner Joe Deng introduces Tomohisa Muranushi to discuss employment laws in Japan and give an overview of what 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

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.

Multinational employers are facing a new era of globalization characterized by the polarized forces of cooperation and competition ─ a duality that makes for a messy business landscape. Our new report,  Globalization 3.0: How to survive and thrive in a new era of trade, tax and political uncertainty, aims to provide corporate leaders with a greater understanding of key trends so they can anticipate, influence and better prepare for the changing world order.

This report focuses on how the aforementioned forces of cooperation and competition are shaping policies in four key areas:

  • Data privacy
  • Investment
  • Labor and human rights
  • Tax

Alongside helpful insights, the report also identifies actions for companies to consider now to prepare for the next era of globalization.

Click here to view and download the full report.

In our latest podcast, Baker McKenzie partner Ben Ho introduces Monica Kurnatowska to talk about employment laws in the UK and give an overview of what 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

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.

Be sure to download our 15 minute podcast about employment laws in Brazil. 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

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.

Curious about recent employment law developments in Germany? Download our 15-minute podcast where Baker McKenzie partner Carole Spink introduces Steffen Scheuer from Munich to talk about what changed in 2017 and 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

Download now on iTunes | Android | Stitcher | TuneInGoogle Play.

We are pleased to announce our new “Employer Report” podcast series.

Each 15-minute episode gives an inside view into employment laws in various countries around the world, highlighting legislative changes, trends, and tips for US multinational employers. Our first five countries available now: Brazil, Germany, Japan, United Kingdom, and Spain.

Download these episodes now on iTunes | Android | Stitcher | TuneInGoogle Play.

Our firm’s Global Chair, Paul Rawlinson, is currently in Switzerland at the World Economic Forum’s Annual Meeting.

Paul believes that navigating multi-speed globalization will be the key challenge for business in 2018. We agree. For today’s employers, managing a global workforce requires complying with local labor and employment laws in multiple jurisdictions, staying abreast of rapidly changing regulations, handling the growing demands of labor unions and works councils, and moving talent quickly across borders. Accordingly, we work with multinational businesses to manage all of their employment needs, from day-to-day human resources requirements to critical global business change projects.

Read Paul’s post on the World Economic Forum’s website HERE.

Narendra Acharya, a Partner our Chicago office, answers the question and explains why companies rely on them in their global employee mobility programs.

Moving employees across borders quickly and within budget is a formidable task considering the immigration and visa requirements, tax and social security implications, data privacy mandates, employment rules, stock benefits and compensation issues, and FCPA restrictions. But having the ability to mobilize talent is essential to the success of today’s global businesses.

Reach out to your Baker McKenzie attorney for help designing, implementing and managing global mobility programs that address all of the legal and administrative issues and help clients avoid the pitfalls of international personnel transfers.

Also, to order your complimentary copy of The Global Employer: Focus on Global Immigration and Mobility 2017-2018CLICK HERE.

This handbook is the go-to resource for in-house counsel, human resource managers and global relocation professionals to identify key mobility issues — ranging from business immigration and employment to compensation and tax.  It provides guidance, and highlights vital information that multinational employers need to know about managing the movement of managers and professionals, trainees and business visitors — from short trips to long-term assignments.

Keeping up with the pace of change in employment law around the world is quite a challenge.

In our Global Employer Monthly eAlert, we capture recent key developments in employment law from across the globe.

In this month’s issue, we share updates from Argentina, Brazil, Canada, France, Mexico, Singapore, South Africa, Vietnam, Ukraine, the UK and the US.

Click here to read the latest eAlert!

 

In July 2017, amid political turmoil and protests by the opposition and the labor unions, president Michel Temer sanctioned a new law implementing the controversial labor reform in Brazil.

Some of the law’s most significant changes impacting US multinationals include:

  • Labor Rights Negotiation: Agreements negotiated between companies and employees may override statutory requirements relating to labor rights such as: vacation usage, work shift, flextime arrangements, reduced meal breaks and remote work, among other points. However, some labor protections, such as FGTS deposits, minimum wage, 13th salary and vacation pay cannot be subject to negotiation.
  • Waivers and Releases of Labor Rights: Employees with college degrees who receive monthly salaries greater than or equal to twice the limit of benefits from the National Social Security Institute (INSS) will be able to negotiate valid release agreements and waive labor rights.
  • Outsourcing: It is now possible to hire service companies to provide services and activities even for those that fall within the company’s core business.
  • Remote Work: The parties to a remote work agreement shall agree on the use of equipment and payment of related business expenses (such as for electricity and internet access). The employee does not have to keep time records.
  • Dismissal for cause: Possibilities of discharge for cause by the employer are expanded beyond the situations under the current rules. Among these are loss of qualification necessary to the employee’s profession, such as a driving license, if caused by the employee’s intentional misconduct.
  • Termination by Mutual Agreement: Termination can be agreed between the parties, in which case severance will be reduced.
  • Mass layoffs: Collective terminations, also known as mass layoffs, will no longer need the agreement of the labor union. The same rules applicable to individual terminations shall apply to collective terminations.
  • Litigation: Employees will have to pay for court costs relating to any pleas that later are deemed groundless. Requirements for filing labor lawsuits are stricter and it will be easier to impose penalties against plaintiffs for litigating in bad faith by filing frivolous suits.

We thank our friend Leticia Ribeiro, a partner at Trench, Rossi e Watanabe (a Brazilian law firm with a cooperation agreement with Baker McKenzie), for her valuable contributions to this post. And, for more information, please contact your Baker McKenzie lawyer.