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I am pleased to send you the October 15, 2001 web-based e-mail "Alert"
prepared by Baker & McKenzie's Global Labour, Employment & Employee Benefits Practice Group ("GLEEB"). The Alert's purpose is to provide our clients and friends with timely updates in a short "user friendly" fashion with hyperlinks to articles with more detailed information on employment law developments from around the world. The Alert is organized into six sections - Global, Asia Pacific, Europe, Africa/Middle East, South America, and North America. The Alert consists of short, one-paragraph "blurbs," organized by country and region. You can quickly scan the Alert for items of particular interest, and then click on the hyperlinks provided for each blurb for additional information. If you would like to be removed from my mailing list for the Baker &McKenzie Global Employment Law Alert, please type "REMOVE" in the subject line in a return email to me and I will take you off my email list. Please feel free to contact me should you have any questions. Jordan W. Cowman Board Certified, Labor & Employment Law Texas Board of Legal Specialization Baker & McKenzie 2001 Ross Avenue, Suite 2300 Dallas, Texas 75201 214/978-3015 214/978-3099 fax jordan.w.cowman@bakernet.com This email contains the October 15, 2001 Global Employment Law Alert! <http:\\www.bakernet.com\gel< Baker & McKenzie <http://www.bmck.com/gel/current.asp?submitbtn=Show+Alerts&area=calert< GLOBAL EMPLOYMENT LAW ALERT Baker Events Global Asia Pacific Europe & CIS Africa/Middle East South America North America Baker_EventsBaker Events top VISIT OUR GLOBAL EMPLOYMENT LAW ALERT WEB SITE: To access our Alert program, including current and past editions of the GEL Alert, please visit our dedicated web site at http://www.bakernet.com/gel <http://www.bakernet.com/gel<; . Readers can search the current GEL Alert by category, or access our complete archive search engine to review past GEL Alerts by topic, country, region, or date. In addition, readers can search our Knowledge Base (K-Base) for surveys, resources, and articles by members of our Global Labour, Employment & Employee Benefits Practice Group. Alert Date: 10/15/01 ** - GEL ALERT HIGHLIGHTS: Employee Benefits: Japan unveils new corporate pension system; Italian Ministry of Labour publishes report on pension reform. Employment Discrimination: Burden of proof standards shifted in the United Kingdom; Eagle Logistics pays US$9 million to resolve workplace discrimination lawsuit brought by U.S. Equal Employment Opportunity Commission. Employment Litigation: Amazon.com and E-Bay battle over key executive. Immigration: Vietnam reaches visa exemption agreement with Malaysia; Controversial immigration bill is re-introduced in South African Parliament. Labour Abuses: Leading chocolate makers agree to end child labour practices by 2005; South Korea accused of treating workers as virtual slaves; Legislation: Australia enacts new cybercrime legislation that increases penalties for computer-related offences; China amends 50-year old Trade Union Law; United Kingdom revises Working Time Regulations. Privacy: Fifty different countries debate workplace privacy issues at annual conference; Drug testing in Sweden has increased by 25%. Unions: United Kingdom workers to vote on union recognition; Brazilian airline union may strike in response to planned job cuts. Alert Date: 10/15/01 ** - BAKER EVENTS: London: Seminar entitled "European Employment Law For Multinational Employers," scheduled for October 19, 2001. For more information please contact Marie Armstrong <mailto:marie.armstrong@bakernet.com< . Alert Date: 10/15/01 GlobalGlobal top ** - privacyWORKPLACE PRIVACY IS MAIN CONCERN OF 23RD INTERNATIONAL CONFERENCE OF DATA PROTECTION COMMISSIONERS: Over 500 representatives of academia, business, labour and government officials from 50 different countries recently debated workplace privacy issues during the 23rd International Conference of Data Protection Commissioners in Paris, France. Representatives of labour called for stiffer rules against workplace surveillance and the establishment of national laws and regulations on acceptable means and practices for watching employees. See " International <http://www.paris-conference-2001.org/eng/welcome.html< Privacy Rights." <mailto:Guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com and <mailto:stewart.saxe@bakernet.com< stewart.saxe@bakernet.com Alert Date: 10/15/01 ** - GENERAL MOTORS TO AXE THOUSANDS OF EUROPEAN JOBS: General Motors recently informed union leaders that it would be making thousands of job cuts in the coming weeks as the automaker has made plans to reduce production by 15%. The news of planned job cuts comes amidst concern that the slowing worldwide economy coupled with the effects of the U.S. terrorist attacks will result in weakened consumer confidence which would further harm the European auto market. Many European automakers have announced similar production and workforce cutbacks in reaction to the terrorist attacks. See " General <http://www.guardian.co.uk/recession/story/0,7369,559520,00.html<; Motors To Axe Thousands Of European Jobs." <mailto:Guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:christine.lagarde@bakernet.com< christine.lagarde@bakernet.com Alert Date: 10/15/01 ** - FIAT LAYS-OFF THOUSANDS OF WORKERS AFTER TERRORIST ATTACKS: European automaker Fiat recently announced plans to reduce auto production by 30,000 cars and lay-off 20,000 employees in reaction to the terrorist attacks in the U.S. The attacks have caused many companies, including automakers, to scale back their production plans in anticipation of a dramatic drop in demand for cars. Fiat announced that it will be cutting 700 jobs in Poland alone, amounting to approximately 10% of its Polish workforce, after estimates showed that auto demand in Europe will drop between 5% to 8% during the final quarter of 2001. Laid-off workers have been assured that they will receive 80% of their salaries. See " Fiat Lays-Off <http://www.ananova.com/business/story/sm_410454.html< 20,000 Workers After U.S. Terror Attacks." <mailto:Agneiszka.duda@bakernet.com< agneiszka.duda@bakernet.com or <mailto:massimiliano.biolchini@bakernet.com< massimiliano.biolchini@bakernet.com Alert Date: 10/15/01 ** - THE IMPACT OF TERRORISM ON INTERNATIONAL LABOUR SOLIDARITY: Labour unions are unified across the world in condemning the recent terrorist attacks in New York City and Washington, D.C. The labour movement's solidarity reflects the impact of terrorism on the global economy. See " International <http://www.labornotes.org/archives/2001/1001/1001a.html<; Union Solidarity To Be Tested." <mailto:j.richard.hammett@bakernet.com< j.richard.hammett@bakernet.com or <mailto:laurence.e.stuart@bakernet.com< laurence.e.stuart@bakernet.com Alert Date: 10/15/01 ** - chocolateCHOCOLATE MAKERS AGREE TO ELIMINATE AFRICAN CHILD LABOUR: Cocoa processors and leading chocolate makers, including Hershey Foods, Nestle, and M&M Mars recently agreed on a plan to investigate an end to child labour practices on cocoa supply farms in West Africa by 2005. The Chocolate Manufacturers' Association wants to assure consumers that no abusive child labour has been used to grow cocoa. See " No <http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i d=ct20011002232520427A16233&set_id=60< Child Labour In Chocolate Production." <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 ** - INTERNATIONAL UNION PUBLISHES GUIDE TO PUSH FOR PASSAGE OF MATERNITY ASSISTANCE LAWS: On October 2, 2001, the International Confederation of Free Trade Unions published a guide to assist unions in advocating for maternity protection laws in their home countries. The guide contains a campaign kit along with publicity material to garner support for the passage of maternity protection laws, as well as information outlining the provisions of international trade conventions on maternity leave. The information will soon be available in French and Spanish as well. See " 2001 <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213340< Maternity Protection Campaign Kit." <mailto:Cynthia.l.jackson@bakernet.com< cynthia.l.jackson@bakernet.com or <mailto:lisa.s.brogan@bakernet.com< lisa.s.brogan@bakernet.com Alert Date: 10/15/01 ** - BOEING PREDICTS AIRLINE INDUSTRY GROWTH IS MONTHS OFF: On October 10, 2001, Boeing Co., the world's largest aircraft manufacturer, concluded that the worldwide airline industry was unlikely to return to growth for 18 months or more in the wake of the attacks on the United States. Boeing's international sales director said because this is a global problem, it may take more than 15 to 18 months. Workers in the industry may well suffer through extended lay-offs. See " Airline <http://www.chicagobusiness.com/cgi-bin/news.pl?id=3533< Growth Slowed Indefinitely." <mailto:Andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com Alert Date: 10/15/01 ** - EUROPE IS NOT EXEMPT FROM TRADE UNION RIGHTS VIOLATIONS: According to the recent International Confederation of Free Trade Unions 2001 Survey of Trade Union Rights Violations Worldwide, Europe is no exception when it comes to alleged violations of trade union rights. The survey scrutinizes trade union practices in 26 European countries. See " Europe <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213431< Trade Union Behavior Criticized" and " Annual Trade Union <http://www.icftu.org/www/pdf/survey2001en.pdf<; Survey." <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:william.r.watson@bakernet.com< william.r.watson@bakernet.com Alert Date: 10/15/01 ** - AFRICA SHOWS DANGEROUS RISE IN TRADE UNION RIGHTS VIOLATIONS: According to Bill Jordan, General Secretary of the International Confederation of Free Trade Unions, nearly all indicators of trade union rights violations have doubled in Africa. Jordan refered to the 2001 Survey of Trade Union Rights Violations, which reviews the state of trade union rights violations in 40 African countries. See " Africa <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213426< Increases Trade Union Rights Violations" and " Annual Trade Union <http://www.icftu.org/www/pdf/survey2001en.pdf<; Survey." <mailto:andrew.j.boling@bakernet.com< andrewj.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 ** - REPRESSION AGAINST TRADE UNIONISTS ON THE INCREASE WORDWIDE: The International Confederation of Free Trade Unions recently released its Annual Survey of Violations of Trade Union Rights, which claimed that 209 trade unionists were assassinated in 2001. The survey covers 147 countries and catalogues violence targeted at men and women committed to defending workers against exploitation. See " ICFTU Annual Survey <http://www.icftu.org/survey<; " and " Trade <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213424< Union Survey." <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com or <mailto:william.r.watson@bakernet.com< william.r.watson@bakernet.com Alert Date: 10/15/01 ** - GLOBAL UNIONS CALL FOR WORLD ECONOMIC STIMULUS: On October 11, 2001, global unions within the International Confederation of Free Trade Unions called for joint, coordinated, and far-reaching economic measures to ensure that the world does not tip further into a global recession. See " ICFTU <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213929< Calls For Economic Stimulus Plan." <mailto:jorge.a.de.regil@bakernetcom< jorge.a.de.regil@bakernet.com or <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com Alert Date: 10/15/01 ** - EU PARLIAMENT ENDORSES NEW MECHANISM FOR CROSS-BORDER DISPUTE RESOLUTION: The European Parliament recently issued an important report on e-commerce and financial services. While this report primarily addresses issues arising from consumer contracts in the financial services industry, the study embraces a concept that could have a significant impact on cross-border employment issues. The report discusses the European Extra-Judicial Network for the resolution of cross-border disputes. The report also expresses support for the use of ADR systems, both on and off line to resolve cross-border disputes. <mailto:Andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:michael.j.wagner@bakernet.com< michael.j.wagner@bakernet.com Alert Date: 10/15/01 ** - EU NEW GUIDELINE ON TREATMENT OF HR DATA UNDER EU-PRIVACY DIRECTIVE: The European Union Working Party recently issued a comprehensive opinion addressing the treatment of human resources data in the context of the EU Data Privacy Directive. The opinion addresses several new issues, including a statement that an employer's review of an employee's e-mail and Internet usage constitutes the processing of personal data under the Directive. See " New <http://www.europa.eu.int/comm/internal_market/en/dataprot/wpdocs/wp48en.pdf < Guidelines." <mailto:Andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:michael.j.wagner@bakernet.com< michael.j.wagner@bakernet.com Alert Date: 10/15/01 Asia_PacificAsia Pacific top AU - cybercrimeAUSTRALIA ENACTS CYBERCRIME LEGISLATION: Australia recently passed new cybercrime legislation that increases penalties for computer-related offences of up to 10 years in jail. The new legislation contains seven new offences including hacking, denial-of-service attacks, web site vandalism, spreading viruses, and using computers in offences such as stalking, fraud, and sabotage. This new law will substantially assist employers in fighting abuses of digital technology in the workplace. See " Cybercrime <http://australianit.news.com.au/common/storyPage/0,3811,2944524%255E442,00. html< Legislation." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 10/15/01 AU - RESEARCHERS SAY BOSSES SHOULD BECOME AWARE OF WORKERS' SLEEP HABITS: Sleep researchers in Australia announced recently that employers should enact regulations outlining how many hours of sleep an employee must have before being allowed to work. The researchers said that obtaining information from the workers regarding how much sleep they had would be helpful from a health and safety standpoint. Australian unions said that workplace accidents and stress-related illnesses have cost AU$1.7 billion a year, and that many of these problems could be remedied by ensuring that workers are not too tired to do their jobs. See " Expert Says Bosses <http://www.ananova.com/news/story/sm_411914.html< Should Know About Workers Sleep." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 10/15/01 AU - AUSTRALIAN PRIVACY COMMISSIONER RELEASES HEALTH PRIVACY GUIDELINES: The Australian federal privacy commissioner recently released new guidelines on health privacy under the country's new privacy legislation. The guidelines apply to all private health service providers. While the new legislation generally exempts employee records, it makes an exception if an individual attends a health service provider and that provider is also their employer. See: " Guidelines On <http://www.privacy.gov.au/publications/hg_01.pdf< Privacy In The Private Health Sector." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 10/15/01 AU - IT WORKERS GET UNION VOICE: On October 10, 2001, workers in the Australian IT industry will have their own identity with the launch of the IT Workers Alliance (ITWA). The ITWA will act as a virtual trade union providing news, information, and services tailored to the needs of programmers, system administrators, and graphic designers. See " ITWA <http://council.labor.net.au/<; " and " IT Workers <http://itworkers-alliance.org/news/general/7.html< Alliance." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:spiro.mellos@bakernet.com< spiro.mellos@bakernet.com Alert Date: 10/15/01 AU - JOBS AND JOB SECURITY TOP ELECTION AGENDA: The Australian Council of Trade Unions (ACTU) recently urged Australians to vote for the political party that most clearly demonstrates its long-term commitment to jobs and job security. The ACTU president said the federal election is critical to the security and well being of working people, small business owners, and the investment and business community. See " Jobs <http://www.actu.asn.au/vunions/actu/article.cfm?objectid=8D27B791-D5BD-4670 -A7D8B46EEEE76FB3< At Top Of Election Agenda." <mailto:mary.maher@bakernet.com< marymaher@bakernet.com or <mailto:elizabeth.ferrier@bakernet.com< elizabeth.ferrier@bakernet.com Alert Date: 10/15/01 AU - AUSTRALIAN COURT RELIES ON CANADIAN CASE TO ORDER WORKERS BACK TO WORK: In an unusual ruling, the Australian Federal Court recently relied on a Canadian Supreme Court judgement to order employees taking industrial action back to work. The Court found that it is now appropriate to require specific performance of employment contracts where employees are illegally defying their obligations to perform work under a current collective agreement. See: " Skilled <http://www.austlii.edu.au/au/cases/cth/federal_ct/2001/1397.html< Engineering Limited v AFMEPKIU." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 10/15/01 AU - ABSENTEEISM KEY FACTOR IN PRODUCTIVITY: A recent study has found that absenteeism in Australia has a greater impact on labour productivity than any other factor including industrial action. The study found that the disruptive effects of absenteeism has a significant negative effect on productivity and growth at the workplace. Absenteeism disrupts and delays a worker's output and also has indirect consequences such as lowering overall employee morale. See " Industrial <http://www.ecruiting.com.au/express/loundes031001.htm<; Relations Outcomes And Productivity Growth." <mailto:spiro.mellos@bakernet.com< spiro.mellos@bakernet.com or <mailto:sally.woodward@bakernet.com< sally.woodward@bakernet.com Alert Date: 10/15/01 AU - E-MAIL PORNOGRAPHY DISMISSAL UPHELD: The New South Wales Industrial Relations Commission recently upheld the dismissal of an employee for storing and sending pornographic e-mails. The employee was initially dismissed on allegations of embezzlement; however, the Commission held that the company could rely on the pornographic e-mails found on her computer after her dismissal. The Commission said it was not its job to judge the level of offensiveness of the e-mails but found that they were clearly in breach of the company's policy. See " Massoud <http://www.agd.nsw.gov.au/ircjudgments/2001nswirc.nsf/d1efd3b3c2f68e05ca256 736001f37be/96fa17aa15d60e8fca256ac70001bc88?OpenDocument< v Sitel Corporation Australia." <mailto:michael.michalandos@bakernetcom< michael.michalandos@bakernet.com or <mailto:brian.jebb@bakernet.com< brian.jebb@bakernet.com Alert Date: 10/15/01 AU - CONDITIONAL RELEASE ON REDUNDANCY UNFAIR: On October 8, 2001, the Australian Industrial Relations Commission found that an employer unfairly dismissed an employee by insisting the employee sign a deed of release to receive a redundancy payout. The Commission said that the deed which prevented the employee making further legal claims, sharing confidential information and competing with the company was unnecessarily harsh and inconsistent with the requirements placed on other employees in similar circumstances. See " Thiessen v <http://www.airc.gov.au/decisionssigned/html/PR910098.htm<; National Office Products Ltd." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:michael.nightingale@bakernet.com< michael.nightingale@bakernet.com Alert Date: 10/15/01 CN - chinaCHINA BEGINS REVISION OF TRADE UNION LAW: On October 1, 2001, China began work on amending its Trade Union Law, and if these changes are implemented, this would be the first time the Trade Union Law has been amended in 50 years. The Standing Committee of the National People's Congress of China recently conducted its first debate over the proposed amendments to the Trade Union Law, which focused on how to define the responsibilities of the trade union. The planned revisions to the Trade Union Law would establish the protection of employees' legal rights and benefits as the main mission of trade unions. Unions would also be directed to negotiate and work to meet employees' "reasonable" demands if employees stop working or institute a work slowdown. The revisions also would establish the right of every worker to form and join trade unions, with no organization or individual allowed to prevent or limit this right. See " China - Labour Law To <http://sg.biz.yahoo.com/011004/46/1jvx3.html<; Be Revised, Allowing Worker Strikes." <mailto:jia.zhao@bakernet.com< jia.zhao@bakernet.com or <mailto:daniel.chan@bakernet.com< daniel.chan@bakernet.com Alert Date: 10/15/01 ID - NEW TAX GUIDELINES ON CERTAIN EMPLOYEE BENEFITS: The Indian Government recently announced liberal guidelines for taxing perks, which includes conveyances, children's education facilities, and free and concessional residential accommodation. The value of free or concessional residential accommodation is limited to 10% of salary for large cities while for smaller ones the limit is 7.5%. The government has also modified earlier rules for valuing conveyances and allowed a deduction depending on the vehicle's engine capacity. " New Tax <http://economictimes.indiatimes.com/today/26econ04.htm<; Guidelines." <mailto:narendra.acharya@bakernet.com< narendra.acharya@bakernet.com or <mailto:david.w.ellis@bakernet.com< david.w.ellis@bakernet.com Alert Date: 10/15/01 ID - TOTALIZATION AGREEMENTS SOUGHT FOR SOFTWARE WORKERS: On October 4, 2001, the National Association of Software and Service Companies of India decided to step up its efforts to help the Indian Government reach Totalization Agreements with the United States and the United Kingdom. The recession ridden Indian software industry earns the majority of its revenue from the U.S. and UK. Currently, Indian software companies executing projects in the U.S. are paying more than 20% of their on-site manpower wages as social security taxes. Similar taxes are also paid in the UK under the National Insurance scheme. Totalization Agreements will save Indian companies from paying these taxes. See " India Seeks <http://www.financialexpress.com/fe20011004/efetop1.html<; Totalization Agreements." <mailto:narendra.achayra@bakernet.com< narendra.achayra@bakernet.com or <mailto:david.w.ellis@bakernet.com< david.w.ellis@bakernet.com Alert Date: 10/15/01 ID - MAJOR AIRLINES AND HOSPITALITY INDUSTRY LEADERS MEET TO RESPOND TO MARKET CONDITIONS: On October 4, 2001, major airlines such as Air-India, Indian Airlines, British Airways, Lufthansa, and Air France, as well as travel and hospitality companies and industry bodies, met to find an immediate solution to recover from the crisis precipitated by the terrorists attacks on September 11, 2001. Major industry associations including the Confederation of Indian Industry, Associated Chambers of Commerce & Industry of India, Federation of Hotel & Restaurant Association of India, Hotel Association of India, and Indian Association of Tour Operators participated in the meeting. See " Industry <http://www.financialexpress.com/fe20011004/news1.html<; Response To Terror." <mailto:andrew.j.boling@bakernet.com< andrewj.boling@bakernet.com or <mailto:narendra.achrayra@bakernet.com< narendra.achrayra@bakernet.com Alert Date: 10/15/01 JP - JapanNEW DEFINED CONTRIBUTION RETIREMENT PLAN: Japan has recently unveiled a new corporate pension system modeled on United States' 401(k) plans. The system allows companies to manage their pension liabilities more effectively, gives employees more choice in their retirement planning, and allows workers to change jobs without the fear of losing their benefits. See " Japanese Retirement <http://www.fpcj.jp/e/shiryo/jb/0128.html<; Plan." <mailto:hiroshi.kondo@bakernet.com< hiroshi.kondo@bakernetcom or <mailto:hideo.ohta@bakernet.com< hideo.ohta@bakernet.com Alert Date: 10/15/01 KR - slavelabourSOUTH KOREA ACCUSED OF USING SLAVE LABOUR: South Korea recently has been accused of treating workers as "virtual slaves" in factories abroad. The Secretary General of the International Textile, Garment and Leather Workers Federation traveled to Seoul to protest the treatment of workers in Bangladesh and Sri Lanka. It is alleged that employees in these factories work long hours for starvation wages. See " Slave <http://news.bbc.co.uk/hi/english/business/newsid_1566000/1566971.stm< Labour Abroad." <mailto:nam.h.paik@bakernet.com< nam.h.paik@bakernet.com or <mailto:brian.chia@bakernet.com< brian.chia@bakernet.com Alert Date: 10/15/01 KR - KCTU PRESIDENT INCARCERATED: On October 3, 2001, the Korean Confederation of Trade Unions (KCTU) president was to be released from prison; however, the government has decided to hold him indefinitely under new charges. See " Government Breaks <http://www.kctu.org/news/dan-jail.htm< Promise And Keeps Prison Gates Closed." <mailto:nam.h.paik@bakernet.com< nam.h.paik@bakernet.com or <mailto:hiroshi.kondo@bakernet.com< hiroshi.kondo@bakernet.com Alert Date: 10/15/01 NZ - MENTALLY HEALTHY WORKPLACES ARE GOOD BUSINESS: According to a recent speech by New Zealand Health Minister, Annette King, one in five New Zealanders suffer from mental illness at some time and therefore it is in an employer's best interest to provide healthy workplaces. She suggests non-discriminatory employment practices and stress-free time during the workday. See " Health Work <http://www.newsroom.co.nz/story/68730-99999.html< Environments." <mailto:meaghan.e.bare@bakernet.com< meaghan.e.bare@bakernet.com or <mailto:ian.dixon@bakernet.com< ian.dixon@bakernet.com Alert Date: 10/15/01 PK - LABOUR BACKS FIGHT AGAINST TERRORISM: The Pakistan Workers' Confederation (PWC) recently expressed its solidarity with the Pakistani Government's policy regarding the fight against terrorism. The PWC leadership said that they would devote their full support to the government's stance on the challenges facing Pakistan, and that they would commit all their resources to motivating the Pakistani working class to safeguard the country's interests. The PWC also called upon the government to implement a minimum wage and labour package agreed to during June of 2001. See " Pakistan <http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1478< Labour Leaders Support Government." <mailto:mark.lockwood@bakernet.com< mark.lockwood@bakernet.com or <mailto:mariya.zikeyeva@bakernet.com< mariya.zikeyeva@bakernet.com Alert Date: 10/15/01 PK - PAKISTAN RAISES MINIMUM WAGE FOR UNSKILLED WORKERS: On October 3, 2001, Pakistan's federal cabinet approved an increase in the minimum wage for unskilled workers to Rs2,500. The new minimum is payable from August 1, 2001 and applies to all establishments in Pakistan regardless of the number of workers employed. This is the first change in the minimum wage in Pakistan since it was fixed at Rs1,500 in 1993. See " Unskilled Workers To Get <http://www.dawn.com/2001/10/04/top9.htm<; Rs2,500 Pay." <mailto:igor.novikov@bakernet.com< igor.novikov@bakernet.com and <mailto:mariya.zikeyeva@bakernet.com< mariya.zikeyeva@bakernet.com Alert Date: 10/15/01 TW - ESTABLISHMENT OF LABOUR DISPUTE ARBITRATION ASSOCIATION: Non-governmental labour dispute conciliation groups have established the "Labour Dispute Arbitration Association of the Republic of China" (LDAA) which is scheduled to start by the end of 2001. This is the first labour dispute arbitration institute established by law in Taiwan. According to Taiwanese Arbitration Law, an arbitration award rendered by LDAA has the same effect as a court judgement. Although arbitration may lower the expenses and shorten the period needed to resolve labour disputes, the arbitration procedure would not be initiated if any one party refuses. The LDAA said that arbitration is the world trend for labour dispute resolution. See " Labour <http://www.bmck.com/gel/articles/Taiwan-Establishment of the LDAA.doc< Dispute Arbitration." <mailto:seraphim.mar@bakernet.com< seraphimmar@bakernet.com or william.tsai@bakernet.com <mailto:william.tsai@bakernet.com< . Alert Date: 10/15/01 TW - SURVIVING COMPANIES' OBLIGATIONS REGARDING SEVERANCE PAY: The Taipei District Court recently rendered a judgement that ordered the defendant, a surviving security company, to pay 25 employees of the constituent company a total of NT$8,042,599 in severance pay even though the surviving company offered to retain the employees but without their consent. If the judgement becomes final and conclusive, it may well influence similar cases in Taiwan. See " Severance <http://www.bmck.com/gel/articles/Taiwan-Surviving Company re Severance Pay.doc< Pay." <mailto:seraphim.mar@bakernet.com< seraphim.mar@bakernet.com or <mailto:william.tsai@bakernet.com< william.tsai@bakernet.com Alert Date: 10/15/01 VN - vietnamVISA EXEMPTION AGREEMENT BETWEEN VIETNAM AND MALAYSIA: Vietnam recently reached a visa exemption agreement with Malaysia which means that citizens of both countries holding diplomatic, official, and ordinary passports will not need an entry visa to visit the other country for 30 days or less. This bilateral visa exemption will become effective as of November 25, 2001. See: " Agreement <http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200110072343 41< On Visa Exemption." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 10/15/01 Europe___CISEurope & CIS top DE - LUFTHANSA PILOTS WANT MARSHALS ON PLANES: Pilots at Lufthansa AG recently announced they are open to having security guards aboard their aircraft; however, their union does not want guns in the cockpit or a break in the chain of command. Following the hijacking attacks in the United States in September of 2001, Lufthansa agreed to assign sky marshals to its flights as an additional security measure. See " Union <http://news.findlaw.com/legalnews/s/20010928/l28525594.html<; Agrees To Sky Marshals." <mailto:andre.sayatz@bakernet.com< andresayatz@bakernet.com or <mailto:ulrike.conradi@bakernet.com< ulrike.conradi@bakernet.com Alert Date: 10/15/01 DE - EARLY RETIREMENT REDUCES OCCUPATIONAL PENSION: Employees that receive statutory pension payments can also request occupational pension payments under the pension plan of their employer. The German Federal Labour Court recently ruled that, in the event of early retirement, the employer can reduce the regular pension payment twice, firstly because of the early termination and therefore shorter period of employment and secondly, because the early retirement requires longer payments of the pension. This second reduction is normally regulated in the pension plan which allows the pension payment to be reduced by 0.3% to 0.6% for every month of early payment of the pension. See " Early Retirement <http://www.bundesarbeitsgericht.de/<; Ruling." <mailto:Christian.reichel@bakernet.com< christian.reichel@bakernet.com or <mailto:jacqueline.piran@bakernet.com< jacqueline.piran@bakernet.com Alert Date: 10/15/01 DE - COURT PROHIBITS TERMINATION OF WORKS COUNCIL MEMBER BECAUSE OF LONG LASTING SICKNESS: Recently, the German Federal Labour Court ruled that it is generally reasonable to require an employer to not proceed with the termination of employment of an employee who is a works council member until the employee's termination protection period ends, even if the employee is not able to perform his or her work because of a long lasting sickness. The court found a termination for cause generally would be invalid in these circumstances. See " Works <http://www.bundesarbeitsgericht.de/<; Council Ruling." <mailto:bernhard.trappehl@bakernet.com< bernhardtrappehl@bakernet.com or <mailto:nina.cahlik@bakernet.com< nina.cahlik@bakernet.com Alert Date: 10/15/01 DE - TERMINATION OF EMPLOYMENT FOR DISSENTING OPINION NOT ALLOWED: The German Labour Court in Frankfurt recently ruled that an employment relationship cannot be terminated because an employee made a critical note documenting an opinion which conflicted with his superior regarding a professional issue. See " Labour Court <http://www.hessen.de/justiz/Seite/justiz.htm<; Frankfurt." <mailto:gregor.dornbusch@bakernet.com< gregor.dornbusch@bakernet.com or <mailto:petra.hess@Bakernet.com< petra.hess@bakernet.com Alert Date: 10/15/01 DE - COLLECTIVE BARGAINING AGREEMENT ON OCCUPATIONAL PENSIONS IN THE CHEMICAL INDUSTRY: The collective bargaining partners for the German Mining Chemical and Energy industries recently concluded a collective bargaining agreement on additional occupational pensions. Employees in those industries can now convert salary components into a vested pension right. For each Euro100 the employee pays into the pension scheme, the employer must pay an additional Euro13. See " Collective <http://www.igbce.de/<; Bargaining Agreement Pension." <mailto:christian.reichel@bakernet.com< christian.reichel@bakernet.com or <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com Alert Date: 10/15/01 DE - COLLECTIVE BARGAINING AGREEMENT ON QUALIFICATION OF EMPLOYEES: Recently, the collective bargaining partners for the German Metal industry in Baden-W?rtemberg concluded the first ever agreement on qualification of employees. Employees in that industry now have a right to discuss with their employer their professional qualifications including their qualifications for a better position. If the employer and employee cannot reach an agreement on further qualifications, a mediation board or works council can discuss the issue further. See " Collective Bargaining Agreement <http://www.igmetall.de/<; Qualification." <mailto:markus.kappenhagen@bakernet.com< markus.kappenhagen@bakernet.com or <mailto:jan.valentin@bakernet.com< jan.valentin@bakernet.com Alert Date: 10/15/01 ES - EU REQUESTS NEW GOVERNMENT EMPLOYMENT MEASURES: The recent European Union (EU) Commission report recognised efforts made by Spain regarding employment matters; however, the Commission has requested increased measures in several areas. See " Employment Measures <http://europa.eu.int/index_en.htm< ." <mailto:angela.toro@bakernet.com< angela.toro@bakernetcom or <mailto:fermin.guardiola@bakernet.com< fermin.guardiola@bakernet.com Alert Date: 10/15/01 ES - NEW SOCIAL SECURITY CONTRIBUTION MEASURE: On October 1, 2001, the Spanish Social Security Treasury adapted its accounts to the Euro. Companies and individual professionals will be able to pay contributions in euros, provided they pay it through a financial entity. <mailto:angela.toro@bakernet.com< angelatoro@bakernet.com or <mailto:fermin.guardiola@bakernet.com< fermin.guardiola@bakernet.com Alert Date: 10/15/01 ES - SPANISH GOVERNMENT NEGOTIATES POSSIBILITY OF CHANGES TO COLLECTIVE AGREEMENT REGULATIONS: The Spanish Government recently began negotiating the possibility of introducing changes to the current collective agreement regulations with various trade unions. The government proposes to include negotiations of regular working hours, sick leave, vacation time, overtime pay, and pension negotiations. <mailto:angela.toro@bakernet.com< angela.toro@bakernet.com or <mailto:fermin.guardiola@bakernet.com< fermin.guardiola@bakernet.com Alert Date: 10/15/01 FR - DISMISSAL BASED ON LOSS OF CONFIDENCE IS NO LONGER POSSIBLE: A recent French Supreme Court decision has modified the habits of employers concerning terminations based on personal grounds. The court concluded that an employer's loss of confidence in an employee does not constitute grounds for dismissal of an employee. See " Loss <http://www.bmck.com/gel/articles/France-Dismissal on loss of confidence.doc< Of Confidence Dismissal Forbidden." <mailto:gilles.jolivet@bakernet.com< gilles.jolivet@bakernet.com or <mailto:sophie.cahen@bakenet.com< sophie.cahen@bakenet.com Alert Date: 10/15/01 IE - IBEC RESPONDS TO ANNOUNCEMENTS OF PRICE INCREASES IN ENERGY: On October 1, 2001, Irish businesses began facing a 14% increase in their electricity costs. The Irish Business and Employers Confederation (IBEC) director argued that such increases would place further burdens on businesses, even causing lay-offs of workers at a time when many companies are unable to absorb such increased costs. See " Energy <http://www.ibec.ie/ibec/Press/PressPublicationsdoclib3.nsf/966008fe067c28d8 802569420055bc17/c6834da72b3f6fbb80256ad6005e6919?OpenDocument< Costs Rise." <mailto:ana-maria.mills@bakernet.com< ana-maria.mills@bakernet.com or <mailto:marina.murray@bakernet.com< marina.murray@bakernet.com Alert Date: 10/15/01 IE - IBEC CALLS FOR NO SLOWDOWN ON INFRASTRUCTURE DELIVERY: On October 5, 2001, the Irish Business and Employers Confederation (IBEC) announced that the delivery of infrastructure must go ahead within the time frame indicated in the National Development Plan despite difficulties that may be encountered. The assistant director of the IBEC said correcting the country's infrastructural deficit is the only way to provide for balanced regional development. See " No <http://wwwibec.ie/ibec/Press/PressPublicationsdoclib3.nsf/966008fe067c28d88 02569420055bc17/4ccaa7d9564d446180256adc00487920?OpenDocument< Slowdown Of Infrastructure Delivery." <mailto:michael.ingle@bakernetcom< michael.ingle@bakernet.com or <mailto:peter.duff@bakernet.com< peter.duff@bakernet.com Alert Date: 10/15/01 IT - ARTICLE 29 WORKING PARTY ISSUES OPINION ON THE PROCESSING OF PERSONAL DATA IN THE EMPLOYMENT CONTEXT: The European Article 29 Working Group, led by Chairman Stefano Rodot?, who is also the Chairman of the Italian Data Protection Authority, recently issued an opinion meant to contribute to the uniform application of the national measures adopted under the European Data Protection Directive. The Chairman announced that the Working Party is considering further guidance on the issues pertaining to the employment context. See " Article <http://europa.eu.int/comm/internal_market/en/dataprot/wpdocs/index.htm< 29 - Working Party." <mailto:uberto.percivalle@bakernet.com< uberto.percivalle@bakernet.com or <mailto:massimiliano.biolchini@bakernet.com< massimiliano.biolchini@bakernet.com Alert Date: 10/15/01 IT - SOCIETAS EUROPAEA IS THE NEW "EUROPEAN COMPANY": On October 8, 2001, Societas Europaea (SE) identified the new type of legal company meant to offer a pan-European legal solution to the need to organise business undertakings on a European scale. The SE is the result of decades of elaboration, legal thought, and political discussion in Europe, much of which concerns the appropriate way to define the role of employees in the SE. The SE was established by adoption of a Council Regulation on the Statute for a European Company and a Council Directive on employee involvement within the European Company. See " New <http://europa.eu.int/comm/internal_market/en/company/company/news/ecompanyf aq.htm< Type Of European Company." <mailto:uberto.percivalle@bakernet.com< uberto.percivalle@bakernet.com or <mailto:massimiliano.biolchini@bakernet.com< massimiliano.biolchini@bakernet.com Alert Date: 10/15/01 IT - MINISTRY OF LABOUR PUBLISHES WHITE PAPER ON THE LABOUR MARKET: The Italian Ministry of Labour recently published a White Paper which describes the Government Plans concerning labour issues and labour law reform in Italy. The Paper has also been posted on the internet and a forum has been opened to foster debate on the Paper. See " White <http://www.minlavoro.it/download/LibroBianco.pdf<; Paper," " Forum <http://www.affarisociali.it/menu/forum/forum.asp<; ," and " Labour <http://europa.eu.int/comm/internal_market/en/dataprot/wpdocs/index.htm< Reforms." <mailto:uberto.percivalle@bakernet.com< uberto.percivalle@bakernet.com or <mailto:massimiliano.biolchini@bakernet.com< massimiliano.biolchini@bakernet.com Alert Date: 10/15/01 IT - ITPensionReformMINISTRY OF LABOUR PUBLISHES REPORT ON PENSION REFORM: The Italian Ministry of Labour recently published a report on pension reform. The report describes the consequences of the 1995 law reforming pension laws, and the status of the implementation of this law and subsequent laws The Report also analyses middle and long term projections. The report was a much awaited document and will be central to the debate on pension and social security issues in Italy. See " Pension <http://www.minlavoro.it/download/Relazione-Finale.pdf< Laws." <mailto:uberto.percivalle@bakernet.com< uberto.percivalle@bakernet.com or <mailto:massimiliano.biolchini@bakernet.com< massimiliano.biolchini@bakernet.com Alert Date: 10/15/01 IT - FIXED-TERM EMPLOYMENT CONTRACT REFORM On October 9, 2001, the Italian Government's Legislative Decree implementing the European Directive 1999/70/CE in Italy was published in the Official Gazette. The new law brings about significant changes concerning fixed term employment agreements. See " Employment <http://www.governo.it/sez_dossier_nuovi/100giorni/direttiva_relazione.html< Contract Reform." <mailto:uberto.percivalle@bakernet.com< uberto.percivalle@bakernet.com or <mailto:massimiliano.biolchini@bakernet.com< massimiliano.biolchini@bakernet.com Alert Date: 10/15/01 NL - AMSTERDAM DOWN ONE PLACE IN BUSINESS CITIES' TOP 10: Amsterdam recently dropped one place in the top 10 of favourite business cities and now occupies fifth place in the "European Cities Monitor" report, an annual report based on findings of Healy & Baker. The persons interviewed awarded Amsterdam that place because of the Dutch people's good knowledge of foreign languages, conditions of trade and industry, infrastructure, and the presence of sufficient qualified employees. <mailto:karin.w.m.bodewes@bakernet.com< karin.w.m.bodewes@bakernet.com or <mailto:svenne.korthalsaltes@bakernet.com< svenne.korthalsaltes@bakernet.com Alert Date: 10/15/01 NL - TERRORIST ATTACKS GROUNDS FOR REDUCTION IN WORKING HOURS: The Dutch Minister of Social and Employment Affairs recently announced that the terrorist attacks in the United States may be a ground for exempting employers from the ban on reducing working hours. Employers could temporarily reduce their employees' working hours and proportionally reduce their salaries based on this ground. The loss of income could be compensated by an unemployment benefit. <mailto:mirjam.a.de.blecourt@bakernet.com< mirjam.a.de.blecourt@bakernet.com or <mailto:hendrikje.s.c.crebolder@bakernet.com< hendrikje.s.c.crebolder@bakernet.com Alert Date: 10/15/01 NL - TOP SALARIES RAISE WORRIES: Dutch authorities recently declared their anger at a proposed new salary structure with an increase of up to 40% in the health services sector. A spokesman for the Government stated that any salary increase for management in excess of the salary increase for employees would be socially unjustifiable. The Dutch Government is currently drafting a legislative proposal to oblige employers to disclose the salaries of their management. <mailto:joseph.f.van.vlijmen@bakernet.com< joseph.f.van.vlijmen@bakernet.com or <mailto:karianne.kas@bakernet.com< karianne.kas@bakernet.com Alert Date: 10/15/01 NL - EMPLOYEES' RIGHT TO TRAINING: FNV Bondgenoten, the largest trade union in the Netherlands, recently announced it wants to negotiate a right to training for employees. A "personal skill development plan" will cost around 0.5% of the total wage and salary bill. Employees themselves will be able to decide how to spend the saved sum on training and courses. Arrangements must be laid down in a Collective Bargaining Agreement. <mailto:anita.de.jong@bakernet.com< anita.de.jong@bakernet.com or <mailto:huub.van.osch@bakernet.com< huub.van.osch@bakernet.com Alert Date: 10/15/01 NL - ILLEGAL WORKERS ARRESTED: Recently about 110 illegal immigrants working in a tomato greenhouse in the Netherlands were arrested. Authorities alleged the immigrants were being paid far less than the legal minimum wage. Their employers now are subject to a criminal investigation. <mailto:anita.de.jong@bakernet.com< anita.de.jong@bakernet.com or <mailto:svenne.korthalsaltes@bakernet.com< svenne.korthalsaltes@bakernet.com Alert Date: 10/15/01 NL - RISE IN UNEMPLOYMENT EXPECTED: Unemployment figures in the Netherlands are considerably lower than a year ago, although the recent decrease seems to have come to a standstill. The Dutch Government Body for Economic Planning ("Centraal Planbureau") anticipates a rise in unemployment by 40,000, but the Minister of Social Affairs has already adjusted that figure to 70,000, and higher figures cannot be ruled out. <mailto:anita.de.jong@bakernet.com< anita.de.jong@bakernet.com or <mailto:michiel.van.haelst@bakernet.com< michiel.van.haelst@bakernet.com Alert Date: 10/15/01 SE - VACATION REFORM PROPOSED: A Parliamentary Committee in Sweden investigating the number of hours worked by that country's workers recently proposed hourly vacation time as an option for employees. The purpose of the proposed reform is to allow employees more flexibility in using vacation time. See " Hourly <http://www.bmck.com/gel/articles/Sweden-Hourly Vacation Report.doc< Vacation Time." <mailto:sten.bauer@bakernet.com< sten.bauer@bakernet.com or <mailto:jenny.jilmstad@bakernet.com< jenny.jilmstad@bakernet.com Alert Date: 10/15/01 SE - drugtestingDRUG TESTING IN THE WORKPLACE ON THE RISE: The number of employers in Sweden that have initiated drug testing among employees has increased by 25% this year. Employers favour drug testing in the workplace because they claim it increases safety; however, there is no statute giving employers the right to conduct these tests. See " Drug <http://www.bmck.com/gel/articles/Sweden-Drug Testing in the Workplace.doc< Testing In The Workplace." <mailto:sten.bauer@bakernet.com< sten.bauer@bakernet.com or <mailto:jenny.jilmstad@bakernet.com< jenny.jilmstad@bakernet.com Alert Date: 10/15/01 TR - TURKISH WORKERS FACE UNCERTAIN FUTURE IN GERMANY: The recent attacks on the United States have kick started a debate in Germany over national security. For years, Germany has allowed Turkish guest workers to come to the country for a limited time period to work; however, this temporary work arrangement became a permanent way of life. Since the 1960's, the Turkish population in Germany has grown to over 2 million. The calls for greater cultural integration have given way to calls for greater security. See " Turkish <http://news.bbc.co.uk/hi/english/world/europe/newsid_1571000/1571679.stm< Workers Future Uncertain." <mailto:samir.hamza@bakernet.com< samir.hamza@bakernet.com or <mailto:hazim.rizkana@bakernet.com< hazim.rizkana@bakernet.com Alert Date: 10/15/01 UA - LABOUR POTENTIAL GROWING: On October 10, 2001, the Ukrainian Government reported that the total number of able-bodied citizens in Ukraine grew by 42,800 since 1998. By the end of 2001 this number is expected to grow further by 70,000 to 80,000. See " Labour <http://www.ingfn.com.ua/?section=news&;config=english&cat_id=840&content_id= 24000049390< Potential Growing In Ukraine." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:katerina.p.lewinbuk@bakernet.com< katerina.p.lewinbuk@bakernet.com [100] Alert Date: 10/15/01 UA - UKRAINIAN CABINET OF MINISTERS ANNOUNCES PLAN TO RAISE PENSIONS: On October 10, 2001, the Ukrainian Cabinet of Ministers announced that it intends to increase the size of pensions by at least 12% in the first half of 2002. This increase represents the first stage of program which seeks to eliminate poverty and ensure stable growth in workers' incomes. According to relevant statistics, the real amount of an average pension rose by 25.8% in 2001 following 3 stages of pension increases over the year. See " Cabinet <http://www.ingfn.com.ua/?section=news&;config=english&cat_id=840&content_id= 24000049465< Of Ministers Plans To Raise Pensions At Least By 12% Next Year." <mailto:Serhiy.chorny@bakernet.com< serhiy.chorny@bakernet.com or <mailto:katerina.p.lewinbuk@bakernet.com< katerina.p.lewinbuk@bakernet.com [117,127] Alert Date: 10/15/01 UA - UKRAINIAN GOVERNMENT ANNOUNCES DECREASE IN UNEMPLOYMENT: Recently released statistics indicate that unemployment in Ukraine stood at 3.65% of the workforce as of September 1, 2001, compared to 4.24% on September 1, 2000. According to the state employment center of the Ukrainian Ministry of Labour and Social Policy, the number of employed citizens grew by 30.4%, which was achieved by using new approaches to the creation of job databases, providing subsidies to employers for job creation, and giving allowances to unemployed citizens to use in organizing their own businesses. See " Ukraine's <http://globalarchive.ft.com/globalarchive/article.html?id=010920006914&;quer y=ukraine< Unemployment Down - Government Report." <mailto:serhiy.chorny@bakernet.com< serhiy.chorny@bakernet.com or <mailto:katerina.p.lewinbuk@bakernet.com< katerina.p.lewinbuk@bakernet.com Alert Date: 10/15/01 UK - MINIMUM WAGE RISES: On October 1, 2001, the minimum hourly rate in the UK for full-time claimants rose from ?3.70 to ?4.10, while the rate for those between the ages of 18 and 21 increased from ?3.20 to ?3.50 per hour. The UK Secretary for Trade and Industry said the higher rates would make a real difference to about 1.4 million workers, most of whom are women. See " Minimum <http://news.bbc.co.uk/hi/english/business/newsid_1572000/1572382.stm< Wage Increases." <mailto:michael.ingle@bakernet.com< michael.ingle@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 10/15/01 UK - GREEN CARD WORK PERMITS FOR USEFUL MIGRANTS: On October 3, 2001, the UK home secretary announced a new U.S.-style "green card" immigration scheme that includes a new work permit system with quotas in areas of severe labour shortages. See " Immigration <http://www.guardian.co.uk/Archive/Article/0,4273,4269104,00.html<; And Asylum System Overhaul." <mailto:tony.haque@bakernet.com< tony.haque@bakernet.com or <mailto:micheal.ingle@bakernet.com< michael.ingle@bakernet.com Alert Date: 10/15/01 UK - UNION SAYS AIRLINE JOB LOSSES ARE SPIRALING OUT OF CONTROL: UK union leaders recently claimed that airline job losses are spiraling out of control after BMI British Midland confirmed 600 jobs are about to be eliminated. The airline said there was a reduction in business class travel and lower levels of business following the terrorist attacks of September 11, 2001. See " More <http://www.annanova.com/business/story/sm_414582.html?menu< Airline Cuts." <mailto:michael.ingle@bakernet.com< michael.ingle@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 10/15/01 UK - STRESSED NURSE WINS ?140,000: A nurse who had a mental breakdown due to stress and overwork following a traumatic pregnancy recently won ?140,000 compensation. The nurse's employer vowed to "ease" her back into her demanding job after the birth; however, the employer grossly dishonored its pledge and the nurse sued alleging negligence in subjecting her to excessive stress in the workplace. See " Stressed <http://news.bbc.co.uk/hi/english/uk/england/newsid_1578000/1578941.stm< Nurse Wins Lawsuit." <mailto:jenny.andres@bakernet.com< jenny.andres@bakernet.com or <mailto:charlotte.hutchinson@bakernet.com< charlotte.hutchinson@bakernet.com Alert Date: 10/15/01 UK - 430 JOBS GO AS HIGH-TECH FACTORY CLOSES: Corning's optical-fiber factory in north Wales recently announced it would be closing, thus eliminating 430 jobs. Corning says the decision was made due to weak demand in Europe and North America for products made at the plant. See " High-Tech <http://www.ananova.com/business/story/sm_415393.html< Plant Closes." <mailto:graham.paul@bakernet.com< graham.paul@bakernet.com or <mailto:clare.ranson@bakernet.com< clare.ranson@bakernet.com Alert Date: 10/15/01 UK - NEW PENSIONS SHUNNED BY WORKERS: According to a recent study, the UK Government's flagship Stakeholder Pension is not attracting the workers it is supposed to be targeting. The survey concluded that many workers had not been told about plans for a stakeholder scheme at work. See " Stakeholder <http://news.bbc.co.uk/hi/english/business/newsid_1584000/1584374.stm< Plans." <mailto:john.evason@bakernet.com< john.evason@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 10/15/01 UK - WORKERS PREFER SHORTER HOURS TO MORE PAY: According to a recent report, more than one in three workers in the UK would be happy to earn less if their hours were cut. The report concludes that more women than men would prefer a shorter working week, and only one in ten employees wanted to increase their hours. See " Workers Prefer <http://www.annanova.com/news/story/sm_417204.html< Shorter Hours." <mailto:claire.carey@bakernet.com< claire.carey@bakernet.com or <mailto:nigel.a.moss@bakernet.com< nigel.a.moss@bakernet.com Alert Date: 10/15/01 UK - WORKERS MARCH IN PROTEST AT LOST PAY: On October 6, 2001, workers from Viasystems, a UK electronics firm, participated in a march calling for a change in the law to stop workers from losing pay when a company goes bankrupt. Some workers claim they have not been paid for time already worked and others claim they have not been given redundancy pay they were entitled to receive. See " Workers <http://news.bbc.co.uk/hi/english/uk/england/newsid_1583000/1583060.stm< Protest Lost Pay." <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 10/15/01 UK - POSTAL WORKER WINS UNFAIR DISMISSAL CASE: An employment tribunal in the United Kingdom recently ruled that a postal worker was unfairly dismissed by his employer after he was shown on television appearing to punch a rival football fan. The court found the worker was acting in self-defense during the incident. See " Postal Workers <http://www.ananova.com/news/story/sm_419292.html< Wins Case." <mailto:graham.paul@bakernet.com< graham.paul@bakernet.com or <mailto:karen.black@bakernet.com< karen.black@bakernet.com Alert Date: 10/15/01 UK - BRITISH AIRWAYS TO CUT WORKERS' PAY: British Airways recently announced a plan to cut the pay of 36,000 workers to reduce costs in the aftermath of the U.S. terrorists attacks. The airline has proposed to withdraw employees' annual holiday pay for both this year and the following year. The pay cut would affect non-management staff based in the UK including flight crew, cabin crew, engineers, and administrative and ground staff. See " Holiday <http://news.bbc.co.uk/hi/english/business/newsid_1589000/1589994.stm< Pay Withdrawn." <mailto:kristen.barker@bakernet.com< kristen.barker@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 10/15/01 UK - SHIPYARD WORKERS PUT IN UNFAIR DISMISSAL CLAIM: On October 8, 2001, former employees of the shipyard Cammell Laird met to discuss unfair dismissal claims they anticipate filing against their former employer. Employees are seeking compensation through an industrial tribunal and seek to convince the Office of Fair Trading to reject the takeover altogether. See " Shipyard <http://news.bbc.co.uk/hi/english/uk/england/newsid_1588000/1588661.stm< Workers File Claim." <mailto:jenny.andrews@bakernet.com< jenny.andrews@bakernet.com or <mailto:joanne.owers@bakernet.com< joanne.owers@bakernet.com Alert Date: 10/15/01 UK - HondaHONDA WORKERS TO VOTE ON UNIONS' RECOGNITION: Honda has recently agreed to let employees follow the statutory process on whether its employees want to recognize the Amalgamated Engineering and Electrical Union for collective bargaining purposes. Honda has not recognised unions since it opened its Swindon site in 1985. See " Workers To Vote <http://www.ananova.com/business/story/sm_418884html< On Union Recognition." <mailto:michael.ingle@bakernet.com< michael.ingle@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 10/15/01 UK - burdenofproofSEX DISCRIMINATION BURDEN OF PROOF REGULATIONS: On October 12, 2001, two small, but important changes to the UK sex discrimination law were implemented in response to an European Union directive. The first change will widen the definition of indirect sex discrimination. The second change will alter the existing burden of proof requirements, directing tribunals to find discrimination unless employers can evidence alternative, non-discriminatory reasons for the treatment. See " Sex <http://www.bmck.com/gel/articles/UK - Sex Discrimination Burden.doc< Discrimination: Burden of Proof Regulations 2001." <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 10/15/01 UK - workingtimeWORKING TIME REGULATIONS: Following a recent decision of the European Court of Justice, the UK Government has amended the working time regulations to provide that entitlement to paid annual leave accrues from the first day of employment. Previously, leave did not accrue during a worker's first 13 weeks. This meant that many short-term workers did not enjoy any paid leave. See " Working <http://www.bmck.com/gel/articles/UK - Amend Working Time Regs.doc< Time." <mailto:Ellen.temperton@bakernet.com< ellen.temperton@bakernet.com or <mailto:john.evason@bakernet.com< john.evason@bakernet.com Alert Date: 10/15/01 UK - IMPORTANT CONTRACTOR RULING IN EAT: The UK Employment Appeal Tribunal (EAT) has recently ruled that the contract arrangements between the various parties are of the utmost importance. In the case, an IT contractor set up a personal service company as a vehicle for providing IT services. IT specialist Hewlett-Packard contracted with an IT recruitment agency which supplied an IT contractor to work for Hewlett-Packard. The IT contractor subsequently claimed unfair dismissal against Hewlett-Packard. The EAT found there to be no employment relationship between Hewlett-Packard and the IT contractor. See " Hewlett-Packard <http://www.bmck.com/gel/articles/UK-Hewlett Packard.doc< ." <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 10/15/01 UK - GOVERNMENT ANNOUNCES PROPOSALS FOR TUPE REFORM: The UK Government recently issued a consultation paper and some draft proposals for the reform of TUPE. The UK regulations would implement the European Acquired Rights Directive. Among the proposals are suggestions for the transfer of pensions. <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com or <mailto:john.evason@bakernet.com< john.evason@bakernet.com Alert Date: 10/15/01 UK - EU DOMESTIC WORKS COUNCIL DIRECTIVE PROPOSALS CHANGED: Recently, UK business leaders attacked a move by the European Parliament to reverse concessions won when the UK agreed to the draft Domestic Works Council Directive in June of 2001. The UK succeeded in having certain sanctions removed against companies which failed to comply, and phased implementation introduced. It appears that the sanctions have been reintroduced and revisions for provisions implementation reversed. <mailto:john.evason@bakernet.com< john.evason@bakernet.com or <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com Alert Date: 10/15/01 UK - CHRISTMAS TRUCE FOR ROYAL MAIL: On October 10, 2001, the UK's Royal Mail and the main postal workers' union agreed to a truce to cover the Christmas period in a further drive to improve their troubled relations. The two groups will soon discuss plans to save ?1.2 billion in costs and cut up to 15,000 jobs. See " Mail <http://www.thetimes.co.uk/article/0,,5-2001352803,00.html< Truce." <mailto:john.evason@bakernet.com< john.evason@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 10/15/01 Africa_Middle_EastAfrica/Middle East top CG - CONGO FIRES GHOST WORKERS: On October 5, 2001, authorities in Republic of Congo suspended the salaries of more than 9,000 civil servants after a government investigation discovered the positions did not exist. The 9,710 false names on the country's payrolls indicated massive fraud had taken place within the government. See " Ghost <http://www.news24.co.za/News24/Africa/Central_Africa/0,1113,2-11-39_1090348 ,00.html< Workers." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 NG - LABOUR SEEKS END TO UNDUE REQUEST FOR EXTRA BUDGET: Nigerian workers have recently described the federal government's fiscal problems as embarrassing. The workers, under the guidance of the Nigerian Labour Congress (NLC), have called on the National Assembly to deny approval of a supplementary budget for the government due to its alleged inept handling of workers' issues. See " Extra <http://allafrica.com/stories/printable/200110030185.html<; Budget Requests." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 NG - LABOUR PLANS PROTEST AGAINST FRESH WTO PACT: The president of the Nigerian Labour Congress recently announced that Nigeria must reconsider its role in the second round of agreements with the World Trade Organisation (WTO). He argued that the WTO is useful for countries in the exporting business, but Nigeria has nothing to do with exports and should not be a part of the group. See " NLC Protests WTO <http://allafrica.com/stories/200110080199.html<; Pact." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 NG - CRISIS AT UNIVERSITY AS MORE JOIN STRIKE OVER PAY: On October 5, 2001, a workers' strike halted operations at a Nigerian university. Non-teaching staff at Egerton University joined a lecturers' strike demanding payment of new house allowances. A university spokesman claimed the school was waiting for additional funding before it implements a new salary scheme. See " More Join <http://allafrica.com/stories/printable/200110050403.html<; Strike." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 UG - HOTEL WARNED ON LABOUR POLICY: Uganda's Minister of Tourism, Trade and Industry has recently warned the management of Hotel Equatoria against their allegedly anti-labour terms of employment. The Minister claims that their employment policies have led to the intolerable suffering of workers. See " Hotel <http://allafrica.com/stories/200110080090.html<; Warned On Labour Policy." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 ZA - SOUTH AFRICAN BUSINESSES FORFEIT 900,000 DAYS TO STRIKES: On October 2, 2001, labour consultants announced that businesses in South Africa had lost 900,000 work days to strikes between July and September of 2001. This is almost three times as many days that were lost during the same time in 2000. See " Days <http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i d=ct20011002232520383N236424&set_id=60< Lost To Strikes." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/15/01 ZA - southafricaSOUTH AFRICA SEEKS NEW IMMIGRATION MEASURES TO ATTRACT FOREIGN WORKERS: On October 1, 2001, the controversial Immigration Bill was re-introduced in South Africa's Parliament after last minute changes to detour legal action by the Home Affairs Minister. The bill is aimed at attracting skilled foreigners to the country. See " Immigration <http://www.news24.co.za/News24/South_Africa/0,1113,2-7_1087758,00.html< Bill." <mailto:david.serwer@bakernet.com< david.serwer@bakernet.com or <mailto:william.kuo@bakernet.com< william.kuo@bakernet.com Alert Date: 10/15/01 ZA - BILLITON STRUCK BY UNION: On October 4, 2001, the National Union of Metalworkers of South Africa announced a solidarity strike against Billiton metals and minerals conglomerate. The dispute is over wages and working conditions. See " Billiton <http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i d=ct20011004194013745P523172&set_id=60< And Globalisation." <mailto:andrew.j.boling@bakernet.com< andrew
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