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In recent years, joint employer liability has emerged as a persistent threat for companies who use franchise business models. Franchisors are increasingly facing claims brought by employees of franchisees for entitlements flowing from their employment. The outcome in these cases is unpredictable because the law is undergoing change. As such, the joint employer aspects of franchising arrangements can prove to be a minefield for the unwary and are a growing global concern.

Click here to read the full article (originally published in the September 2018 edition of Franchising World), which covers key developments in joint employer liability for franchisors operating in Australia, Canada and Mexico and describes a proactive approach to help mitigate risk.

Join us for a breakfast briefing on March 27 in Palo Alto for an update on the latest trends and regulations impacting multinational employers in Latin America. Hear from leading practitioners in five key LATAM jurisdictions – Argentina, Brazil, Colombia, Mexico and Venezuela – as we address hot topics that employers are facing right now including:

  • Managing a modern workforce, from contingent workers to outsourcing service models
  • Addressing the gender pay gap, including gender pay legislation and expectations
  • Complying with changes in termination and anti-harassment legislation
  • Predicting the impact of new leadership in Argentina, Brazil, Colombia, Mexico and Venezuela
  • Preparing for significant labor reform in Argentina, Brazil and Mexico
  • and more!

Click here more details, including how to register.

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.

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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!