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This email contains our August 2001 Global Employment Law Alert, which I thought you might find of interest. If you want to be taken off my mailing list for this publication, please email me back with "Remove" in the subject line. If you are not on our mailing list for our quarterly publication, The Global Employer, which summarizes cutting-edge developments in labor and employment law around the world, and would like to be, please email me your physical address and I'll be glad to send you a copy of our latest edition. If you have any questions or need further information, please contact me. 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 <mailto:jordan.w.cowman@bakernet.com< .com <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 WEBSITE: To access our Alert program, including current and past editions of the GEL Alert, please visit our dedicated website at 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: 8/1/01 NEW PUBLICATION SCHEDULE: Based on feedback of our readership, the GEL Alert is now disseminated twice per month (on the 1st and 15th day of each month). This schedule will ensure that our readership receives the most timely and up-to-date information possible on breaking developments. Our GEL Alert also features a new section on "Highlights," so that readers can quickly scan the Alert for items of special interest. Alert Date: 8/1/01 ** - GEL ALERT HIGHLIGHTS: Employee Benefits: Australian court orders share options for dot.com employees; Argentina's new Executive Order regarding employee benefits. Employment Discrimination: Norway identifies unequal pay problems for female workers. Immigration: German reform of immigration regulations; Morocco and Spain establish new migrant quota. Employment Litigation: Austria secures dismissal of Holocaust-era slave labour litigation; Philippines adopts new rules for electronic evidence in labour proceedings. Labour Abuses: Mozambique is warned regarding risks of abusive child labour; protests over bonded labour in Nepal. Legislation: Indonesian minimum wage laws; Mexico approves Indian rights bill; Russia adopts new Labour Code; United Kingdom reforms Employment Tribunal system. Pensions: Argentina enacts new Executive Decree regarding pension benefits; Web-based pension information now available to employees in India. Privacy: Netherlands adopts new regulation on data privacy; Philippines addresses harassment through the Internet. Unions: Air France develops fundamental rights charters with Union; Coca-Cola sued over alleged use of paramilitary forces to threaten unions in Columbia. Wrongful Termination: Multimillion dollar class action over withheld wages from Mexican farm workers; Smoke-sensitive employee may proceed with retaliation claim again U.S.-based employer. Alert Date: 8/1/01 ** - BAKER EVENTS: Chicago: Seminar entitled " How to Hire, Manage, Compensation And Downsize Overseas <http://www.bakernet.com/Practice Areas/uscelpg/Sep13/seminar.asp< Employees," September 13, 2001, Chicago, Illinois. For more information, please contact <mailto:deborah.black@bakernet.com< deborah.black@bakernet.com Alert Date: 8/1/01 GlobalGlobal top ** - ILO DECLARES THAT DECENT WORK IS A COMMON GOAL OF YOUTH AND TRADE UNIONS: On July 13, 2001, the International Labour Organisation (ILO) released a report addressing concerns of young people in the workforce and the need for labour groups to adopt their strategies, language, and structures to make them more "youth friendly." See " InFocus Programme <http://www.ilo.org/public/english/dialogue/actrav/new/press.htm< ." <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com Alert Date: 8/1/01 ** - LABOUR GROUPS SUGGEST A NEW VISION IS NEEDED FOR THE GLOBAL ECONOMY: On July 19, 2001, trade union leaders from the G-8 countries joined leaders from underdeveloped countries at a meeting with the host of the Genoa Summit, Italian Prime Minister, Silvio Berlusconi. At the meeting, the unions demanded a new vision and policy action from world leaders to restore economic and employment growth to the global economy. See " New Vision For Global Economy <http://www.icftu.org/dispalydocument.asp?Language=EN&Index=991213108< ." <mailto:william.r.watson@bakernet.com< william.r.watson@bakernet.com or jorge.de.regil@bakernet.com <mailto:jorge.de.regil@bakernet.com< Alert Date: 8/1/01 ** - EUROPEAN COMMISSION ISSUES GREEN PAPER ON FRAMEWORK FOR CORPORATE SOCIAL RESPONSIBILITY: On July 18, 2001, the European Commission released a Green Paper on promoting a framework for corporate social responsibility by employers. With this Green Paper, the European Commission aims to launch a wide debate on how the European Union can promote corporate responsibility at both the European and international level. It also seeks to encourage the development of innovative practices, bring greater transparency, and increase the reliability of evaluation and validation. See " EC Green Paper <http://www.bmck.com/gel/articles/CSR%20Green%20Paper.doc< ." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:james.r.cameron@bakernet.com< james.r.cameron@bakernet.com Alert Date: 8/1/01 ** - TRADE UNIONS DECLARE GLOBAL DAY OF ACTION FOR WTO MINISTERIAL CONFERENCE: Trade union leaders from around the world, meeting in a special session of the ICFTU Steering Committee held in conjunction with the G-8 Summit in Genoa, decided to mark the launch of the next Ministerial Conference of the World Trade Organisation (WTO) in Doha, Qatar by staging a Global Unions' Day of Action by the Workplaces of the World. The Day of Action will take place on November 9, 2001, the opening day of the WTO Conference. The Day of Action will be coordinated at global level and delivered at a local level, taking the form of diverse actions to be determined in individual countries ranging from stoppages and demonstrations to workplace discussions, public meetings, and high-profile media activities. See " Global Day Of Action <http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213142< ." <mailto:Brian.s.arbetter@bakernet.com< brian.s.arbetter@bakernet.com or <mailto:guenther.hecklemann@bakernet.com< guenther.hecklemann@bakernet.com Alert Date: 8/1/01 ** - McDONALD'S ESTABLISHES E-LEARNING SYSTEMS FOR GLOBAL WORKFORCE: On July 19, 2001, McDonald's Corporation, in conjunction with DigitalThink, Inc., announced the launch of an e-learning pilot program for its worldwide workforce of 1.5 million employees. The program will complement McDonald's existing Worldwide Training, Learning, and Development cirriculum. The system will be delivered initially in five different languages, and the content will address orientation, standards of quality, food safety, and restaurant operations. See " McDonald's E-Learning Systems <http://www.digitalthink.com/news/pressroom/releases2001/07192001.html< ." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:craig.s.annunziata@bakernet.com< craig.s.annunziata@bakernet.com Alert Date: 8/1/01 ** - G-8 COUNTRIES TO SET UP PLAN TO BRIDGE DIGITAL DIVIDE WITH POOR: On July 20, 2001, the G-8 nations endorsed the Digital Opportunity Task Force, set up at last year's G-8 summit in Japan, to bridge the digital divide with the world's poorest countries. Plans will focus on improving connectivity and lowering costs, helping establish national Internet strategies, and deploying information technology in health care, development aid, and fostering entrepreneurship with start-ups and established businesses and employers. See " G-8 Digital Plan <http://www.siliconvalley.com/docs/news/tech/004685.htm< ." <mailto:michael.j.wagner@bakernet.com< michael.j.wagner@bakernet.com or <mailto:alex.valls@bakernet.com< alex.valls@bakernet.com Alert Date: 8/1/01 ** - HUMAN RIGHTS ORGANISATIONS GET CONNECTED ON THE INTERNET: A group of multinational hackers is developing software called "Peekabooty" which allows human rights activists to gain access to censored web sites that are blocked or administered by Asian and Middle East governments. The software will enable activists to monitor alleged human rights abuses by governments and multinational corporations. See " Human Rights Software <http://register.scmp.com/loginscmp.asp?refpage=http%3A//technology.scmp.com /internet/ZZZL7WXN4PC.html< ." <mailto:gerald.l.maatman@bakernet.com< gerald.lmaatman@bakernet.com or <mailto:james.r.cameron@bakernet.com< james.r.cameron@bakernet.com Alert Date: 8/1/01 ** - MORE BOSSES KEEP TABS ON TELECOMMUTERS: The American Management Association has reported recently nearly 80% of large multinational companies record and review employee communications. As technology makes monitoring easier, bosses are watching where telecommuters and business travelers go on-line, what they say in their e-mail, and how often they type on their keyboard. See " Worker Surveillance Increases <http://www.newsbytes.com/news/01/168284.html< ." <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: 8/1/01 ** - PLAN OF ACTION FOR TRADE UNIONS: The International Confederation of Free Trade Unions recently released a plan of action outlining the trade unions' fight against racial discrimination, xenophobia, and related intolerance. See " Plan of Action <http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213176< ." <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:cynthia.l.jackson@bakernet.com< cynthia.l.jackson@bakernet.com Alert Date: 8/1/01 Asia_PacificAsia Pacific top AU - INCOME THRESHOLD FOR UNFAIR DISMISSAL CLAIMS GOES UP: The remuneration cap for employees making unfair dismissal claims under the Workplace Relations Act 1996 (Cth) increased effective July 1, 2001. The cap is now set at a total remuneration level of AU$75,200 per annum and accordingly the maximum compensation available under the legislation will now be capped at AU$37,600 (representing six months remuneration). See " Annual <nhttp://www.dewrsb.gov.au/workplaceRelations/legislation/wrAct/IndexationRa te2001.pdf< Remuneration Compensation Limits." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 8/1/01 AUdotcom - AUSTRALIAN COURT ORDERS DOT COM TO MAKE SHARE OPTIONS AVAILABLE: The New South Wales Industrial Relations Commission (IRC) has ordered internet giant Yahoo! to make available share options and boost the notice period given to a dismissed executive. The former employee won more than AU$400,000 after the IRC found that his contract was unfair and the period of notice of termination provided to the executive unreasonable. The IRC rewrote the salesperson's contract to give him access to options that vested in January and February of 1999 when the share price was significantly higher than the current price. See " Shane Mitchell-Calvert v Yahoo! Inc. <http://www.agd.nsw.gov.au/ircjudgments/2001nswirc.nsf/d1efd3b3c2f68e05ca256 736001f37be/432be744767943b4ca256a6a00155435?OpenDocument< " <mailto:spiro.mellos@bakernet.com< spiro.mellos@bakernet.com or <mailto:brian.jebb@bakernet.com< brian.jebb@bakernet.com Alert Date: 8/1/01 AU - COURT DENIES PRIORITY TO SOME SEVERANCE PAYOUTS IN REDUNDANCY: A recent decision of the New South Wales Supreme Court could prevent employees of insolvent companies being paid a severance payment on redundancy in priority to ordinary unsecured creditors. The Court found that any order for severance payments made after a worker's employment was terminated would not qualify as a "priority payment" under the Corporations Law which gives priority to severance payments over other unsecured debts when a company is being wound up. The Court found that claims and debts must exist at the termination of employment to be entitled to priority. See: " Madden v Fisher. <http://www.agd.nsw.gov.au/scjudgments/2001nswsc.nsf/66950614059df523ca25673 900081e8e/f0777f71cae4e7afca256a7800149126?OpenDocument< " <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:jackie.natsopoulos@bakernet.com< jackie.natsopoulos@bakernet.com Alert Date: 8/1/01 AU - AUSTRALIAN UNIONS REBUILDING THEIR IMAGE: A recent survey commissioned by the New South Wales Labour Council, the main trade union body, and conducted by the Australian Centre for Industrial Relations Research and Training, has found what unions are claiming is a significant erosion in anti-union attitudes. The proportion of respondents supporting the notion that Australia would be better off without unions has fallen from 25% in 1996 to 14% in 2001. See " Survey Shows Majority Support For Unions <http://workers.labor.net.au/103/news1_survey.html< ." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 8/1/01 AU - LOW WAGES AND HIGH PRODUCTIVITY ARE THE KEY TO AUSTRALIA'S LOW INFLATION: A recent paper published by the Reserve Bank of Australia says that decentralization of wage fixing and productivity growth in the 1990's have been key elements in Australia's current low inflation economic environment. Key influences in this environment are the end of comparative wage justice which required the preservation of pay relativities by Industrial Tribunals. This has allowed high wage growth areas to remain isolated. See " Changes In The Determinants Of Inflation In Australia <http://www.rba.gov.au/PublicationsAndResearch/RDP/RDP2001-02.html< ." <mailto:spiro.mellos@bakernet.com< spiro.mellos@bakernet.com or <mailto:brian.jebb@bakernet.com< brian.jebb@bakernet.com Alert Date: 8/1/01 AU - CONTROVERSIAL WORKERS COMPENSATION REFORMS: The New South Wales Government recently enacted reforms aimed at reducing the government-run workers' compensation system's mounting deficit and speeding up the payment of claims. However, the reforms have faced concerted opposition from union groups who have organized several strikes against the new laws which they say will reduce workers pay-outs. As a result, a judicial inquiry into the reforms has been commissioned which will stall the full implementation of the law until its expected report on August 17, 2001. See " Workers' <http://www.labor.net.au/news/1148.html< Compensation Reform." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:chris.oliver@bakernet.com< chris.oliver@bakernet.com Alert Date: 8/1/01 AU - REPORT ENCOURAGES STRATEGIC DOWNSIZING: A recent Australian study of industry restructuring has found that companies planning to downsize should do so strategically and after consulting with employees or face the loss of core skills and employee commitment. The study says downsizing in the 1990's had mixed results, but where it was done as part of a strategic re-organization to re-focus and improve a business, it has a much less negative effect on employees. See " Downsizing In Australia <http://www.ceda.com.au/Publications/010725Downsizing.htm< ." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:sally.woodward@bakernet.com< sally.woodward@bakernet.com Alert Date: 8/1/01 HK - HONG KONG IT SKILLS TASK FORCE ISSUES REPORT: The Task Force on IT Manpower established to report IT manpower needs to the Hong Kong Government has recently issued a draft of its findings and recommendations. The task force suggested that Hong Kong should make it easier for overseas IT workers to enter the country and set up IT-specific education in schools. See " IT Task Force <http://www.newsbytes.com/news/01/167920.html< ." <mailto:andreas.lauffs@bakernet.com< andreas.lauffs@bakernet.com or <mailto:daniel.chan@bakernet.com< daniel.chan@bakernet.com Alert Date: 8/1/01 IDminimum - LOCAL AND INTERNATIONAL MINIMUM WAGE LAWS CONFLICT: Existing Indonesian law, Staatsblad 1925 No. 647, prohibits children under 14 years old from working from 8 p.m. until 5 a.m. This law generally has been interpreted to mean that children under 14 years old can work outside those hours. However, in 1999, Indonesia ratified ILO Convention No. 138 of 1973 on the Minimum Age for Admission to Employment, which stipulates that the minimum age for child labour is 15 years old. The convention was ratified by local law No. 20 of 1999 and therefore supercedes law 647 and as such the minimum working age in Indonesia is 15 and not 14 years of age. See " Indonesia Wage Laws <http://www.bmck.com/gel/articles/Indonesia - Minimum Working Age.doc< ." <mailto:narendra.acharya@bakernet.com< narendra.acharya@bakernet.com or <mailto:duane.j.gingerich@bakernet.com< duane.j.gingerich@bakernet.com Alert Date: 8/1/01 INinformation - WEB-BASED EMPLOYEE BENEFITS PROGRAM: On July 17, 2001, India-based Satyam Computer Services Ltd. announced that it entered into an agreement with US-based Healthaxis Inc to become Healthaxis' primary integration partner for deploying Insur-Enroll solutions. Insur-Enroll provides a 24x7 web-based self-service environment for members and employees. The solution supports an unlimited range of benefit plans such as medical, dental, life, vision, and dependent care flexible spending accounts. See " Internet-Based Benefits <http://www.financialexpress.com/fe20010717/con4.html< ." <mailto:narendra.acharya@bakernet.com< narendra.acharya@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 8/1/01 JP - MATSUSHITA EYES EARLY RETIREMENT: On July 14, 2001, company officials for Matsushita Electric Industrial Co. announced a voluntary early retirement plan for employees. The plan as proposed marks a significant departure from typical retirement plans in Japan. See " Matsushita Offers Early Retirement <http://www.japantimes.co.jp/cgi-bin/getarticle.pl5?nn20010715a9.htm< ." <mailto:hideo.ohta@bakernet.com< hideo.ohta@bakernet.com or <mailto:masatsugu.suzuki@bakernet.com< masatsugu.suzuki@bakernet.com Alert Date: 8/1/01 KR - UMBRELLA LABOUR GROUP PROTESTS IN SEOUL: On July 22, 2001, about 12,000 members of the Korean Confederation of Trade Unions (KCTU) held a rally in downtown Seoul to protest the government suppression of the umbrella labour group. See " Labour Group Protests <http://www.koreaherald.co.kr/SITE/data/html_dir/2001/07/23/200107230037.asp < ." <mailto:nam.h.paik@bakernet.com< nam.h.paik@bakernet.com or <mailto:hiroshi.kondo@bakernet.com< hiroshi.kondo@bakernet.com Alert Date: 8/1/01 NPbonded - BONDED LABOUR IN NEPAL: Anti-Slavery, an activist labour group, recently released a briefing on the description of the situation of bonded labour in Nepal and a model letter to send to the Minister of Home Affairs of Nepal to object to these alleged practices. See " Bonded-Labour <http://www.antislavery.org/takeaction.htm< ." <mailto:daniel.chan@bakernet.com< daniel.chan@bakernet.com or <mailto:paul.tan@bakernet.com< paul.tan@bakernet.com Alert Date: 8/1/01 NZ - MANUFACTURERS AND UNIONS CLAIM FREE TRADE AGREEMENT WILL PUNISH LOCAL INDUSTRY: On July 18, 2001, the New Zealand Government commenced negotiations with Hong Kong for an agreement to promote a two-way trade in goods and services between the countries. Both manufacturers and unions in the clothing industry have expressed concern that any agreement will allow Chinese clothing and shoes to enter the country avoiding the current 19% tariff imposed on them. See " Agreement Will Punish Industry <http://www.stuff.co.nz/inl/index/0,1008,867365a1934,FF.html< ." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 8/1/01 NZ - NEW ZEALAND UNION MEMBERSHIP INCREASES: A new survey has found that union membership in New Zealand has increased for the first time in 15 years. The survey by Victoria University's industrial relations center found that there were 319,000 union members in 2000, an increase of 16,100 over the previous year. Commentators note that the new Employment Relations Act appears to have contributed to an environment where workers feel better about joining unions. See " More People Joining Unions <http://www.nzherald.co.nz/business/businessstorydisplay.cfm?storyID=200043& thesection=business&thesubsection=general&thesecondsubsection=&thetickercode < ." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 8/1/01 NZ - GOOD FAITH BARGAINING TEST CASE: A landmark test case of New Zealand's new good faith bargaining laws was recently heard by the Employment Relations Authority. The Authority has yet to rule on the case in which a union alleged Independent Newspapers Ltd. and 10 subsidiary newspaper companies had failed to bargain in good faith on a multi-employer collective agreement. The union alleges it was stonewalled by the company which, it claims, did not properly consider or negotiate the union's claim. See " Good Faith Bargaining Test Case <http://www.stuff.co.nz/inl/index/0,1008,852731a11,FF.html< ." <mailto:michael.michalandos@bakernet.com< michael.michalandos@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 8/1/01 NZ - NEW WEB SITE FOR EMPLOYERS IN NEW ZEALAND: The New Zealand Government has recently developed a web site, targeted at overseas business people, allowing access to immigration policies and procedures and links to other relevant web sites for people moving or traveling to the country. See " New <http://www.business-migrants.govt.nz/< Zealand Resource." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:elizabeth.ferrier@bakernet.com< elizabeth.ferrier@bakernet.com Alert Date: 8/1/01 NZ - NEW ZEALND HACKER CONVICTED IN LANDMARK CASE: A landmark court case has recently resulted in the conviction of a hacker who deleted thousands of home pages from a server based in the United States. The impact of the case on employer liability for employee Internet activity is a key to the verdict. See " Hacker Convicted <http://www.newsbytes.com/news/01/168118.html< ." <mailto:nicole.vanderhoek@bakernet.com< nicole.vanderhoek@bakernet.com or <mailto:peter.vitale@bakernet.com< peter.vitale@bakernet.com Alert Date: 8/1/01 NZ - NEW ZEALAND PARTY CRITICIZES CYBERSNOOPING: New Zealand's Green Party is claiming that a government committee has ignored public concerns about the privacy of electronic communications from police snooping. New Zealand's Law and Order Select Committee has been holding hearings on the proposed Crimes Amendment Bill (No 6), which would criminalize hacking. The Green Party fears that the law would give the police and intelligence services the right to hack into citizens' computers and intercept all e-mail traffic passing through and within New Zealand. The measure also would dramatically impact employees and employers. See " New <http://www.newsbytes.com/news/01/168208.html< Zealand E-Mail Monitoring." <mailto:kathleen.thorton@bakernet.com< kathleen.thorton@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 8/1/01 NZ - WOMEN RALLY FOR PAID PARENTAL LEAVE: Women in Wellington and Auckland rallied for the introduction of paid parental leave on July 25, 2001. The campaign, organized by the New Zealand Council of Trade Unions, called on the New Zealand Government to introduce fourteen weeks paid parental leave for working women. The organizers claims that paid parental leave is a gender equity issue and the entitlement would bring New Zealand within current International Labour Organisation standards. See: " Women <http://new.newsroom.co.nz/story/56758-33-0.html< Rally For Paid Parental Leave." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 8/1/01 NZ - LEGAL ACTION LIKELY OVER LIST OF UNFIT EMPLOYEES: Employees of state-owned enterprise Asure New Zealand may take legal action over a secret hit list of employees destined for dismissal. The list when revealed caused an industrial row last year which lead to an employer commissioned review by a local employment lawyer. The review, released on July 25, 2001, concluded that none of the inspectors suffered any disadvantage from being named on the list. However, a number of the workers disagree and have indicated they file suit against Asure as a result of the list. See " Legal Action Likely Over List <http://www.stuff.co.nz/inl/index/0,1008,879334a11,FF.html< ." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 8/1/01 PH - FILIPINO WEB SITE PRESENTS DATABASE OF KNOWLEDGE WORKERS: The Phillipines Department of Trade and Industry has recently developed a website to allow professionals, organizations, and businesses to post their skills, products, and services on the World Wide Web. The site keeps a database of professionals, associations, and corporation listed in over 2,000 categories from key cities in the Philippines. See " Cityprosdb <http://www.cityprosdb.com/< ," and " Website <http://www.newsbytes.com/news/01/167932.html< ." <mailto:romeo.salonga@bakernet.com< romeo.salonga@bakernet.com or <mailto:joseph.castillo@bakernet.com< joseph.castillo@bakernet.com Alert Date: 8/1/01 PH - HIGH COURT ASKED TO NULLIFY POWER LAW: Recently, interest groups representing workers, peasants, woman, urban poor and youth have asked the Philippine Supreme Court to nullify a law that will restructure the power industry and privatise the debt-laden National Power Corporation. Workers argue that the law promotes a Philippine economy controlled by foreign interests in doing away with a foreign equity limit on public utilities as specified in the constitution. See " Power Law <http://news.findlaw.com/legalnews/s/20010718/energyphilippinesnapocor.html< ." <mailto:jonathan.flaminiano@bakernet.com< jonathan.flaminiano@bakernet.com or <mailto:clavin.l.kohchet-chua@bakernet.com< clavin.l.kohchet-chua@bakernet.com Alert Date: 8/1/01 PHinternet - PHILIPPINE AGENCY TACKLES GOVERNMENT "E-HARASSMENT": The Civil Service Commission in the Philippines has recently released a resolution that requires all government officials and employees to refrain from sending indecent messages over the Internet. The resolution, effective August 5, 2001, will ban public officials from sending sexist jokes, pornographic pictures, and vulgar letters through electronic means, including e-mail, mobile phones, and faxes. See " E-Harassment <http://www.newsbytes.com/news/01/168212.html< ." <mailto:romeo.salonga@bakernet.com< romeo.salonga@bakernet.com or <mailto:gil.zerrudo@bakernet.com< gil.zerrudo@bakernet.com Alert Date: 8/1/01 PHevidence - PHILIPPINE COURT APPROVES NEW RULES FOR ELECTRONIC EVIDENCE: On August 1, 2001, new rules on electronic evidence used in civil proceedings and administrative cases become effective based on an initiative of the Philippines Supreme Court. The rules cover all electronic documents, such as business records, certificates, and encrypted digital signatures. The rules will apply to all varieties of labour proceedings. See " Philippines Rules <http://www.newsbytes.com/news/01/168270.html< ." <mailto:romea.salonga@bakernet.com< romea.salonga@bakernet.com or <mailto:gil.zerrudo@bakernet.com< gil.zerrudo@bakernet.com Alert Date: 8/1/01 TH - THAI POLICE RAID STOCK FIRMS: On July 26, 2001, Thai police arrested 81 foreigners on two "boiler room" trading firms thought to be selling stock in fake companies. The companies were suspected of operating unlicensed securities services and may have engaged in fraud against foreign investors. See " Stock Firms Raided <http://news.findlaw.com/ap_stories/i/1104/7-26-2001/20010726131654910.html< ." <mailto:anurat.tiyaphorn@bakernet.com< anurattiyaphorn@bakernet.com or <mailto:suriyong.tungsuwan@bakernet.com< suriyong.tungsuwan@bakernet.com Alert Date: 8/1/01 TW - TAIWAN'S JOBLESS RATE HIT RECORD HIGH IN JUNE: On July 23, 2001, Taiwanese officials announced that unemployment had reached a record high of 4.5% in June of 2001 and may climb further in the course of the current economic slump. The government has said that an estimated 57,000 jobs will be created by the planned spending of US$24 billion on public projects as part of an economic stimulus package, which should come into effect by the end of the year. See " Taiwan Hits Record Jobless Rate <http://biz.thestar.com.my/news/story.asp?file=/01/7/23/story4352&sec=busine ss< ." <mailto:sheana.chen@bakernet.com< sheana.chen@bakernet.com or <mailto:corl.hsu@bakernet.com< corl.hsu@bakernet.com Alert Date: 8/1/01 VN - ENTERPRISES APPLY 40 HOUR WORKING REGIME: The Ho Chi Minh City (HCMC) Council has recently reported that by late January of 2001, HCMC had 81 enterprises applying the 40-hour working regime, which can ensure sufficient income for their workers. See " 40 Hour Working Regime <http://www.bmck.com/gel/articles/Vietnam - 81 Enterprises Apply 40 Hour Working Regime.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - DAEWOOSA'S CLOSURE FORCES WORKERS TO REPATRIATE: Workers at the Daewoosa Company in Samoa were recently terminated when managers officially shut down the plant. Daewoosa has been the subject of intense criticism by workers rights activists in Vietnam as a result of the plant closure. See " Daewoosa Closes <http://www.bmck.com/gel/articles/Vietnam - Daewoosa Closure.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - PROGRESS IN GENDER EQUALITY AND ADVANCEMENT OF WOMEN IN VIETNAM: Progress in gender equality and advancement of women in Vietnam has recently been reported to the Vietnamese Anti-Discrimination Committee, as the process of reviewing compliance with the UN Convention continues. The report concluded Vietnam had encouraging achievements in job creation, poverty alleviation, health care, and family planning. Women rights were all improved, including equal pay, social welfare, and protection of health and safety in working conditions. See " Vietnam Complies With UN Convention <http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200107121522 49< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - VIETNAM-U.S. COOPERATION ON IMMIGRATION ISSUE: According to recent U.S. statistics, only a small number of Vietnam-U.S. immigration cases remain to be settled, as the two nations have had strong cooperation regarding the issue throughout the last two years. See " Vietnam-US Immigration Cooperation <http://www.vietnamembassy-usa.org/news/newsitem.php?datestamp=2001062917032 5< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - HCMC GETS TOUGH ON FOREIGN WORKERS' INCOME TAX COLLECTION: The Ho Chi Minh City (HCMC) Service of Trade has recently supported legislation requiring foreign workers to submit their payroll books from other countries before moving into Vietnam for work. The deputy director said the move would ensure supervision of personal income and aid in income tax collections from foreign workers. See " HCMC Income Tax Regulation <http://www.bmck.com/gel/articles/Vietnam - Foreign Workers Income Tax Collection.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - LABOUR RESTRUCTURING LAGS BEHIND DEMAND: The Vietnamese labour structure has undergone many changes in the past decade. However, most recently, some have suggested that it has not met the needs for economic development. See " Labour Statistics <http://www.bmck.com/gel/articles/Vietnam - Labor Restructuring Lags.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - LABOURERS RECEIVE NO UNEMPLOYMENT ALLOWANCES: The Vietnamese Ministry of Labour, War Invalids, and Social Affairs (MoLISA) has recently promulgated Circular No. 2, which guides the abolition of cases in which workers are entitled to out-of-work allowances after termination of their contract. See " Abolition Of Point 4 In Article III <http://www.bmckcom/gel/articles/Vietnam - Unemployment Allowances.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - WORK ACCIDENTS CONTINUE TO PLAGUE HO CHI MIHN CITY: According to recent reports from the Ho Chi Minh City (HCMC) Labor Protection Committee, 160 work-related accidents were reported in the last five years, leaving 180 people dead and 41 injured. Factors that contributed to these accidents were non-compliance with safety regulations, faulty machinery, and poor working conditions. See " HCMC Accident Statistics <http://www.bmck.com/gel/articles/Vietnam - Work Accidents Plague.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - LABOR EXPORTERS GET JAIL TERMS: The Hanoi Peoples Court recently sentenced the ex-director and chief accountant of Vietnam's International Manpower Supply Company (IMS) to prison for their involvement in a recent labour export disturbance in American Samoa. See " Labor Exporters Get Prison Sentence <http://www.bmck.com/gel/articles/Vietnam - Labor Exporters Get Jail Terms.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - MIGRANTS FLOODING MAJOR CITIES: Recent demographic research conducted by the Vietnamese Ministry of Planning and Investment has concluded that the migrant workforce has boosted populations in Vietnam's three largest cities, Ho Chi Minh City, Hanoi, and Hai Pong. See " Migrants Flooding Major Cities <http://www.bmck.com/gel/articles/Vietnam - Migrants Flooding Major Cities.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 VN - FEWER STRIKES AT FOREIGN INVESTED COMPANIES: The Foreign Employment Management Division at the Ho Chi Minh City Department of Labour, Invalids and Social Affairs has recently reported there are fewer strikes at foreign invested companies. See " Fewer Strikes <http://www.bmck.com/gel/articles/Vietnam - Foreign Invested Companies.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 8/1/01 Europe___CISEurope & CIS top ATdismissal - U.S. JUDGE TO DISMISS AUSTRIAN HOLCAUST LITIGATION: On July 25, 2001, a U.S District Judge ruled she would dismiss litigation by Nazi-era slave labourers against the Austrian Government and Austrian companies to allow a compensation fund to begin making payments. Austria has demanded that Holocaust-related litigation in the United States be dropped before the fund begins making payments. See " Austrian Holocaust Litigation <http://news.findlaw.com/legalnews/s/20010725/holocaustlawsuits.html< ." <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:gregor.dornbusch@bakernet.com< gregor.dornbusch@bakernet.com Alert Date: 8/1/01 CZ - EMPLOYMENT REPORT RELEASED FOR THE CZECH REPUBLIC: The Czech Labour Force recently released a survey measuring employment in organizations and companies. The survey also identifies the latest patterns in employment by sex, age, qualification, industry, and employment status. See " Labour Force Sample Survey <http://www.czso.cz/eng/figures/3/31/3102011q/s310211q.htm< ." <mailto:marek.kreisl@bakernet.com< marek.kreisl@bakernet.com or <mailto:gabriela.vendlova@bakernet.com< gabriela.vendlova@bakernet.com Alert Date: 8/1/01 DEregulations - CHANGES OF IMMIGRATION REGULATIONS TO BE EXPECTED: On July 4, 2001, the independent Immigration Commission initiated by the German Federal Ministry of the Interior published its immigration report. The recommendations of the Commission as published in the report will in all probability influence new German legislation regarding immigration regulations. Among many other simplifications, it is planned to grant an unlimited residence right for highly-qualified employees that will entitle them to immediate and unlimited access to the labour market. See " Report Of The Independent Commission <http://www.bmi.bund.de/frameset/index.jsp< ." <mailto:gabriele.mastmann@bakernet.com< gabriele.mastmann@bakernet.com or <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com Alert Date: 8/1/01 DE - LETTER OF REFERENCE HAS TO BE SIGNED BY SUPERIOR: Under German law, employees are entitled to be granted a letter of reference upon termination of employment. According to a most recent ruling of the German Federal Labor Court, such letter of reference will either have to be signed by the company's legal representatives or - if signed by another employee - will have to indicate that the signer was a superior of the employee. Signature of a former colleague, in contrast, is not sufficient. See " German Federal <http://www.bundesarbeitsgericht.de/< Labour Court Ruling." <mailto:jacqueline.piran@bakernet.com< jacqueline.piran@bakernet.com or <mailto:markus.kappenhagen@bakernet.com< markus.kappenhagen@bakernet.com Alert Date: 8/1/01 DE - COMPANY CAR DAMAGES TO BE COMPENSATED BY THE EMPLOYEE: An employee causing an accident with a company car might be asked for damage compensation under applicable provisions of German law. The District Labour Court of Rineland-Palatinate recently ruled that an employee will have to share the damages with the employer if he or she caused the accident by negligence. The exact amount of repair costs to be reimbursed by the employee will depend on the individual circumstances. See " Company Car Accident Ruling <http://www.handelsblatt.com/hbiwwwangebot/fn/relhbi/sfn/buildhbi/cn/GoArt!2 00014,201174,441921/SH/0/depot/0/index.html< ." <mailto:bernhard.trappehl@bakernet.com< bernhard.trappehl@bakernet.com or <mailto:jacqueline.piran@bakernet.com< jacqueline.piran@bakernet.com Alert Date: 8/1/01 DE - HARMFUL EVIDENCE STATEMENT DOES NOT JUSTIFY TERMINATION FOR CAUSE: Giving burdensome evidence against an employer to the public prosecution does not justify an employee's termination for cause. This holds true even if the employer did not commit any criminal offense, but was on suspicion erroneously. According to a recent ruling of the German Federal Constitutional Court, participation in public proceedings as such is part of civic duties and must therefore not lead to any disadvantages for the employee, even if he or she inadvertently has falsely cast suspicion on their employer. See " German Federal Constitutional Court Decision <http://www.bverfg.de/cgi-bin/link.pl?entscheidungen< ." <mailto:jacqueline.piran@bakernet< jacqueline.piran@bakernet or <mailto:gregor.dornbusch@bakernet.com< gregor.dornbusch@bakernet.com Alert Date: 8/1/01 DE - THREAT OF STRIKE AGAINST THURINGIA RETAIL INDUSTRY: After labour negotiations between the Thuringia Retail Employers Association and works union broke off, a spokesman of the Verdi works union announced strikes for retail summer sales in August of 2001. Cause for the conflict is in particular the 2.7% salary increase already agreed upon. Whilst workers wish the increases to be granted with retroactive effect as of May of 2001, employers tend to suspend salary increases for some months in view of the lower purchasing power in Germany. See " Threatening Strikes in Thuringia <http://www.handelsblatt.com/hbiwwwangebot/fn/relhbi/sfn/buildhbi/cn/GoArt!2 00014,201172,442227/SH/0/depot/0/index.html< ." <mailto:andre.sayatz@bakernet.com< andre.sayatz@bakernet.com or <mailto:jacqueline.piran@bakernet.com< jacqueline.piran@bakernet.com Alert Date: 8/1/01 DE - GERMAN START-UP WORKERS UNHAPPY AND SEEKING NEW JOBS: According to a recent survey commissioned by various German news publications, the "new economy" in Germany is filled with unhappy workers. Eighty percent of non-management employees at start-ups wanted to leave their companies, and eighty-eight percent wanted to return to the security of old economy companies. See " New Economy <http://www.newsvytes.com/news/01/168389.html< ." <mailto:jan.valentin@bakernet.com< jan.valentin@bakernet.com or <mailto:gregor.dornbusch@bakernet.com< gregor.dornbusch@bakernet.com Alert Date: 8/1/01 ES - IBERIA AIRLINE PILOTS CANCEL STRIKE: On July 14, 2001, Iberian airline pilots called off a series of summer strikes after the Spanish Government brought in a mediator to negotiate a pay dispute. See " Strike <http://www.msnbc.com/news/601133.asp< Ended." <mailto:pamela.mafuz@bakernet.com< pamela.mafuz@bakernet.com or <mailto:jose.prieto@bakernet.com< jose.prieto@bakernet.com Alert Date: 8/1/01 ES - SPAIN'S BULLFIGHTING INDUSTRY THREATENS TO STRIKE OVER GOVERNMENT RESTRICTIONS: On July 16, 2001, matadors, breeders, and other players in Spain's bullfighting industry threatened to strike over restrictions the government plans to impose that are designed to protect consumers from mad cow disease. The industry maintains that if demands are not met, a strike will take place in occupations throughout Spain's bullfighting industry. See " Bullfighting Industry Threatens To Strike <http://www.nandotimes.com/world/story/44091p-683975c.html< ." <mailto:fermin.guardiola@bakernet.com< fermin.guardiola@bakernet.com or <mailto:eugenia.alvarez@bakernet.com< eugenia.alvarez@bakernet.com Alert Date: 8/1/01 ES - IMMIGRANTS FOUND DEAD IN SPAIN: On July 16, 2001, police in Spain reported the recovery of six bodies on the southern coast near the port of Tarifa. The bodies are believed to be those of immigrants from North Africa trying to enter Spain illegally. See " Immigrants Found Dead <http://www.africast.com/article.cfm?newsID=19465< ." <mailto:mteresa.franquesa@bakernet.com< mteresafranquesa@bakernet.com or <mailto:pilar.tellez@bakernet.com< pilar.tellez@bakernet.com Alert Date: 8/1/01 FI - EMPLOYMENT BULLETIN OF THE FINNISH MINISTRY OF LABOUR: On July 24, 2001, the Finnish Ministry of Labour released its Employment Bulletin for the month of June of 2001. The Bulletin surveys employment prospects and a myriad of issues of significance for employers. See " Employment <http://www.mol.fi/katsaukset/tile200106.htm< Bulletin." <mailto:anita.de.jong@bakernet.com< anita.de.jong@bakernet.com or <mailto:theo.l.van.maaren@bakernet.com< theo.l.van.maaren@bakernet.com Alert Date: 8/1/01 FR - EBAY FRANCE BENDS TO STRIKERS: On July 24, 2001, a two-day long strike ended as workers from iBazar, a French auction site, and management from its parent company, eBay, negotiated a deal with the picketers. The strike was in protest of the lay-off of 50 workers who had demanded leaving bonuses and overtime pay. See " eBay France Strike Ends <http://www.thestandard.com/article/0,1902,28214,00.html< ." <mailto:gilles.jolivet@bakernet.com< gilles.jolivet@bakernet.com or <mailto:alexandre.jaurett@bakernet.com< alexandre.jaurett@bakernet.com Alert Date: 8/1/01 FRcharters - AIR FRANCE'S MAGNA CARTA FOR EMPLOYEES' RIGHTS: Air France's direction and the employee representatives within the Air France group recently entered into an "Ethical and Social Charter" which shall apply to all the employees of the group. This charter expressly refers to the United Nations Human Rights Charter and to the European Union Fundamental Rights Charter. By this charter, Air France undertakes to encourage employment safety and stability and to favor the development of both a "responsible social dialogue" and a trust relationship at every level within the company. This charter also aims at developing the financial profit-sharing with the employees, encouraging professional mobility and the necessary adaptation of the employees to new functions. sophie.cahen@bakernet.com <mailto:Sophie.Cahen@bakernet.com< or <mailto:Gilles.Jolivet@bakernet.com< gilles.jolivet@bakernet.com Alert Date: 8/1/01 FR - M&S FRENCH CLOSURES ON HOLD: Marks & Spencer (M&S) has recently announced it has suspended moves to close 18 of its stores in France. M&S France chairman Alain Juillet said that in searching for a buyer, M & S would favour a sole purchaser for all the stores, which would guarantee over 1,700 jobs. See " M <http://news.bbc.co.uk/hi/english/business/newsid_1455000/1455391.stm< &S Looks For Buyer." <mailto:gilles.jolivet@bakernet.com< gilles.jolivet@bakernet.com or <mailto:loic.heron@bakernet.com< loic.heron@bakernet.com Alert Date: 8/1/01 FR - FRENCH UNION CONDEMNS ITALIAN POLICE REPRESSION: On July 24, 2001, France's largest trade union denounced alleged Italian police repression at the recent G-8 Summit in Genoa, Italy. The union called for protest demonstrations around France to highlight its condemnation of the G-8 incidents. The Communist-led CGT union claimed the police tarnished the work of the superpower summit. See " Union Condemns Italian Police <http://aaa.alertnet.org/thenews/newsdesk/L24256378< ." <mailto:christine.lagarde@bakernet.com< christine.lagarde@bakernet.com or <mailto:denise.broussal@bakernet.com< denise.broussal@bakernet.com Alert Date: 8/1/01 GR - GREEK STRIKE CLOSES ANCIENT SITES: On July 24, 2001, Greek culture ministry employees went on strike demanding higher pay and contract renewals. The strike has forced the Athens Acropolis and other ancient sites across Greece to close down. See " Culture Workers Strike <http://europe.cnn.com/2001/WORLD/europe/07/24/greece.strike/index.html< ." <mailto:akos.fehervary@bakernet.com< akos.fehervary@bakernet.com or <mailto:konrad.siegler@bakernet.com< konrad.siegler@bakernet.com Alert Date: 8/1/01 GR - GREEK IMMIGRANT SMUGGLERS SENTENCED TO PRISON: On July 12, 2001, a Greek immigrant smuggler was convicted and sentenced to 43 years in prison for smuggling 43 Albanian immigrants into Greece. The sentencing is against a backdrop where thousands of immigrants from the Middle East and Albania sneak into Greece each year to live and work. See " Greek Immigrant Smuggler <http://www.turkishdailynews.com/old_editions/07_14_01/for3.htm< ." <mailto:lynda.s.zengerle@bakernet.com< lynda.s.zengerle@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 8/1/01 GR - MODERN SLAVE TRADE COMMON IN GREECE: On July 13, 2001, the U.S. Department of State released its first annual report on the growing problem of slave trade. Greece falls into the worst tier on the report, as it is both a transit point and a destination country for trafficking. See " Slave Trade in Greece <http://www.ekathimerini.com/news/content.asp?aid=89318< ." <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: 8/1/01 NL - WORKS COUNCIL DISPUTE REGARDING SAFETY HELMET: Following safety regulations based on the Dutch Working Conditions Act, Corus Packaging Plus has recently introduced an obligation to wear safety helmets throughout its entire factory. As the Works Council was not asked to give its approval on this measure, the Cantonal Court of Haarlem ruled that Corus had failed to observe employees' participation rights laid down in the Works Council Act and therefore ordered Corus to reverse its decision. <mailto:mirjam.a.de.blecourt@bakernet.com< mirjam.a.de.blecourt@bakernet.com or <mailto:steffan.j.dejong@bakernet.com< steffan.j.dejong@bakernet.com Alert Date: 8/1/01 NL - GROUP PRACTICE OF ACCOUNTANTS AND LAWYERS: According to Attorney General L?ger of the European Court of Justice, Dutch regulations that prohibit a joint cooperation between accountants and attorneys are not unreasonable. A cooperation between the two professions could have a negative effect on those obligations characteristic for lawyers, such as professional secrecy and the necessity to avoid conflict of interests. <mailto:karin.w.m.bodewes@bakernet.com< karin.w.m.bodewes@bakernet.com or <mailto:anouk.reitsma@bakernet.com< anouk.reitsma@bakernet.com Alert Date: 8/1/01 NLdataprivacy - REGULATION ON DATA PRIVACY: The new Dutch Exemption Decree on Data Privacy was recently entered in the Bulletin of Acts and Decrees. The Exemption Decree provides what personal data are exempted for what purposes from the registration obligation with the Dutch Data Protection Board, referred to in the new Dutch Data Privacy Act. The latter will most probably enter into force in September of 2001. <mailto:joseph.f.van.vlijmen@bakernet.com< joseph.f.van.vlijmen@bakernet.com or <mailto:remke.scheepstra@bakernet.com< remke.scheepstra@bakernet.com Alert Date: 8/1/01 NOunequal - NORWEGIAN WOMEN STILL EARN LESS THAN MEN: A recent United Nations report has concluded that Norwegian women earn 37% less than Norwegian men performing similarly situated work. See " Equal Pay In Norway <http://www.norwaypost.no/content.asp?folder_id=1&cluster_id=16903< ." <mailto:sten.bauer@bakernet.com< sten.bauer@bakernet.com or <mailto:johan.karlman@bakernet.com< johan.karlman@bakernet.com Alert Date: 8/1/01 RU - ICFTU CONDEMNS RUSSIA OVER NUCLEAR AND ARMS WITH BURMA: The Russian Government's recent move to go ahead with a plan to sell a nuclear reactor and military aircraft to Burma has alerted concerns from the International Confederation of Free Trade Unions (ICFTU). The ICFTU, currently leading a world-wide campaign against Burma for its alleged use of forced labour, has petitioned the Russian President to end both transactions, as the ICFTU believes they would encourage further oppression of the Burmese people and ethnic nationalities by the military regime. See " ICFTU Condemns Russia <http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213186< ." <mailto:jean.brough@bakernet.com< jean.brough@bakernet.com or <mailto:julia.borozdna@bakernet.com< julia.borozdna@bakernet.com Alert Date: 8/1/01 RU - RUSSIAN ACTIVISTS CLAIM MISSPENDING OF GERMAN PAYMENTS FOR NAZI-ERA VICTIMS: On July 23, 2001, the Russian Fund for Understanding Reconciliation claimed that millions of marks Germany had provided as compensation for Nazi-era slave labour victims were misspent. The foundation helps survivors of concentration camps and ghettos, and those forced into labour during the Nazi-era prepare documents to demonstrate they are entitled to compensation. See " Misspent Monies <http://news.findlaw.com/ap_stories/l/0000/7-24-2001/20010724152117690.html< ." <mailto:mariana.marchuk@bakernet.com< mariana.marchuk@bakernet.com or <mailto:jean.brough@bakernet.com< jean.brough@bakernet.com Alert Date: 8/1/01 RULabourCode - THE LONG EXPECTED LABOUR CODE APPROVED: On July 5, 2001, the Russian State Duma approved the long expected new Labour Code. Both employers and employees are now entitled to form their own organizations. In addition, the new Labour Code permits an enterprise to have several trade unions with the owner of each enterprise having to sign collective bargaining agreements with each union. See " Labour Code <http://www.bmck.com/gel/articles/Russia - New Labor Code.doc< ." <mailto:Evgeny.reyzman@bakernet.com< evgeny.reyzman@bakernet.com or <mailto:katerina.p.lewinbuk@bakernet.com< katerina.p.lewinbuk@bakernet.com Alert Date: 8/1/01 RU - PROTESTS AGAINST ALLEGED CHEMICAL CONTAMINATION: On July 15, 2001, in reaction to violation of an agreement by the management of the publicly-owned company Astrakhan-Gasprom, residents of the area surrounding the Gazprom plant formed a picket line along the main highway used by Gazprom. Because no trade union negotiations began, a group of 100 people, almost all women, attempted to block the roadway in order to stop trucks that transport sulphur for Gazprom. The police arrived and, together with the Gazprom security personnel, used force against the protesters. As a result, a pregnant woman was severely beaten and other women suffered bodily injuries. See " Pregnant Woman Beaten In Protest Against Chemical <http://members.aol.com/ISWoR/news/gazoutcome7-01.html< Contamination By Gazprom." <mailto:Marina.marchuk@bakernet.com< marina.marchuk@bakernet.com or <mailto:katerina.p.lewinbuk@bakernet.com< katerina.p.lewinbuk@bakernet.com Alert Date: 8/1/01 UK - FAMERS UNION MULLS LEGAL ACTION OVER FOOT AND MOUTH: On July 17, 2001, Britain's National Farmers' Union (BFU) announced it was preparing to bring legal action against the farm ministry over cuts in foot-and-mouth disease welfare payments. See " Farmers To Bring Suit <http://newsfindlaw.com/legalnews/s/20010717/fooddiseasebritaincompensation. html< ." <mailto:john.evason@bakernet.com< john.evason@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 8/1/01 UK - BRITAIN PROPOSES FEE FOR WORKERS TO TAKE CASES TO EMPLOYMENT TRIBUNALS: On July 20, 2001, the British Government encountered harsh criticism from labour and employee rights groups after announcing proposed legislation that would include charging workers for taking cases to employment tribunals. The fee would be modest and is designed to speed up processing the case load. See " Employment Tribunal Fee <http://newsbbc.co.uk/hi/english/uk_politics/newsid_1448000/1448635.stm< ." <mailto:nigel.moss@bakernet.com< nigel.moss@bakernet.com or <mailto:chrisitne.obrien@bakernet.com< chrisitne.obrien@bakernet.com Alert Date: 8/1/01 UK - CABIN CREW ILLNESS CAUSED BY AIR RAGE: A recent study by the Transport and General Workers Union (TGWU) for a BBC programme concluded that three-quarters of aircraft cabin crew are suffering from illnesses because of stress brought on by violent and abusive passengers. Nearly all UK flight attendants surveyed said air rage was on the increase and is becoming a growing concern. See " Air Rage Causes Stress <http://www.ananova.com/business/story/sm_357226.html< ." <mailto:michael.ingle@bakernet.com< michael.ingle@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 8/1/01 UK - JAIL SENTENCE FOR MAN WHO DELETED WEB-SITE DATA UPHELD: On July 18, 2001, a criminal court imposed a sentence of nine months' imprisonment on an employee, who had in revenge for his dismissal by his employer had gained unauthorised entry into three web sites and deleted certain data with the aim of causing damages to the employer. See "(R. v. Lindesay) New Law Online <http://www.newlawonline.co.uk/< " (subscription required). <mailto:John.evason@bakernet.com< john.evason@bakernet.com or <mailto:nigel.moss@bakernet.com< nigel.moss@bakernet.com Alert Date: 8/1/01 UK - PREGNANT FEMALE ZOOKEEPER WHO REFUSED TO FEED TIGERS WINS CLAIM: A zoo keeper who was ordered to place food on a ladder in order to feed tigers despite being three months pregnant was recently awarded ?30,000 by an employment tribunal. Told that if she could no longer do the job she was of no use, the applicant left her job and claimed constructive dismissal. <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 8/1/01 UKTribunal - REFORMS TO THE EMPLOYMENT TRIBUNAL SYSTEM: Changes have been made to the employment tribunal rules which are effective on July 16, 2001. The changes are designed to help tribunals manage cases fairly, quickly, and effectively, and also to reject unmeritorious applications at an early stage. A new overriding objective of the rules requires tribunals to deal with cases justly. Tribunals also now have new powers of case management. <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com or <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com Alert Date: 8/1/01 UK - IMPROVING DISPUTE RESOLUTION PROCEDURES: The UK Department of Trade and Industry recently published a consultation paper outlining new proposals for further streamlining employment tribunal procedures and clearing the log jam of cases. Among the various proposals is the imposition of a ?100 fee for initiating tribunal claims. The consultation period ends in October of 2001. <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 8/1/01 UK - STRIKING BRITISH WORKERS CALL FOR SUPPORT: Workers in Wales have recently discovered that new employment protection measures introduced by UK's Labour Government fail to restore the right to strike. Members of the Transport and General Workers Union have launched a call for support as the dispute with their employers has become increasingly bitter. See " Striking Workers Call For Support <http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213083< ." <mailto:peter.duff@bakernet.com< peter.duff@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 8/1/01 ZR - AMNESTY INTERNATIONAL PROTESTS DETENTION OF RIGHTS WORKERS: On July 13, 2001, Amnesty International issued a statement protesting the continued detention of human rights workers. Over 50 people are being detained because they are suspects in the January of 2001 assassination of President Laurent-Desire Kabila. See " Amnesty <http://allafrica.com/stories/200107170285.html< International Protests." <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: 8/1/01 Africa_Middle_EastAfrica/Middle East top BH - IT TRAINING ACADEMY TO BE LAUNCHED: On July 13, 2001 India-based Pentasoft Technologies Ltd announced that it has joined hands with TAIB Bank, a company listed in the Bahrain Stock Exchange, to set up an IT Academy in Bahrain. The academy will provide for a national IT literacy program in close association with the government of Bahrain. Pentasoft will provide technology for the design, development, and conducting of courses at the academy through technology transfers. See " Bahrain Training Academy <http://www.financialexpress.com/fe20010713/corp4.html< ." <mailto:andrew.boling@bakernet.com< andrew.boling@bakernet.com or <mailto:samir.hamza@bakernet.com< samir.hamza@bakernet.com Alert Date: 8/1/01 CM - INTERNATIONAL REPORT POINTS TO LABOUR VIOLATIONS: A recent report published by the International Confederation of Free Trade Unions (ICFTU) released findings of alleged interference by the Cameroon Government in trade union activities, discrimination based on gender and ethnicity, and widespread use of forced labour in prison. These findings are the latest in a series of reports in accordance with a Declaration adopted at the 1st Ministerial Conference of the World Trade Organisation (WTO) where Ministers agreed to respect core labour standards. See " Workers' Rights <http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213197< " and " Labour Standards <http://www.icftu.org/displaydocument.asp?DocType=WTOReports&Index=991213073 &Language=EN< ." <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: 8/1/01 KE - DOCTORS SEEK MASSIVE PAY INCREASE: On July 25, 2001, a proposal for a pay increase to government doctors was outlined in a memorandum from the Kenya Medical Association to the Medical Services Minister. Poor pay is a chief factor in the lack of government doctors. See " Doctors Seek Pay Increase <http://allafrica.com/stories/printable/200107260453.html< ." <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: 8/1/01 MAmigrant - MOROCCAN MIGRANT QUOTA ESTABLISHED: Leaders from Spain and Morocco recently signed an agreement that will allow up to 20,000 Moroccans to enter Spain each year in search of employment. The agreement is designed to reduce the number of Moroccans who make a dangerous journey across the Straits of Gibraltar in an attempt to enter Spain illegally. See " Moroccan Quota <http://news.bbc.co.uk/hi/english/world/europe/newsid_1457000/1457410.stm< ." <mailto:eduardo.garcia.calleja@bakernet.com< eduardogarcia.calleja@bakernet.com or <mailto:fermin.guardiola@bakernet.com< fermin.guardiola@bakernet.com Alert Date: 8/1/01 MZchildlabour - WARNING ON AIDS RISK FOR CHILD LABOUR: On July 23, 2001, the United Nations Children's Fund (UNICEF) warned that child labourers in Mozambique were at a high risk of contracting HIV/AIDS and vowed to encourage the government to stop child labour. UNICEF's Child Protection Officer reported that children under the age of 15 were working as prostitutes in the country's most infected cities due to few employment opportunities, poverty, and the liberalisation of the economy. See " Aids Risk For Child Labour <http://allafrica.com/stories/printable/200107250016.html< ." <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: 8/1/01 NG - SEX SLAVE SYNDICATE EXPOSED: On July 12, 2001, Nigerian police arrested some 35 individuals for illegally recruiting teen girls to work as sex slaves in Europe. Recruitment of teenagers as sex slaves often starts with the temptation of employment oversees in Western countries. See " Sex Slave Recruitment <http://allafrica.com/stories/200107140029.html< ." <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: 8/1/01 RW - CODE OF CONDUCT FOR NURSES AND MIDWIVES TO BE DRAFTED: On July 17, 2001, activists announced that new laws and a code of conduct to regulate practising nurses and midwives in Rwanda will be drafted by local and international expert nurses in the near future. See " Nursing Regulations <http://allafrica.com/stories/printable/200107170291.html< ." <mailto:andrew.j.boling@bakernet.com< andrew.jboling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 8/1/01 TN - UGTT CALLS FOR GREATER LIBERTIES: On July 14, 2001, the General Secretary of the General Union of Tunisian Workers (UGTT) issued a call for a greater democracy during his opening speech at the Regional Unions of Workers Congress. He addressed various problems affecting Tunisia, including trade union abuses, and stressed the importance of uncensored information. See " UGTT Calls For Greater Liberties <http://www.icftu.org/dispaydocument.asp?Language-EN&Index=991213140< ." <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: 8/1/01 TR - VIRGINTY TESTS PROTESTED IN TURKEY: On July 17, 2001, Turkish nurses denounced a new measure calling for virginity tests on female nursing students suspected of having sex, saying it is "archaic and against human rights and freedoms." Durmus, the Turkish Nationalist Action party, supports the measure claiming it protects minors from prostitution and underage sex. See " Virginity Tests <http://news.findlaw.com/ap_stories/i/1106/7-18-2001/20010718034738220.html< ." <mailto:samir.hamza@bakernet.com< samir.hamza@bakernet.com or <mailto:hazim.rizkana@bakernet.com< hazim.rizkana@bakernet.com Alert Date: 8/1/01 TR - ANKARA DENIES ACCUSATION OF HUMAN SMUGGLING: On July 13, 2001, the Turkish Foreign Ministry denied accusations of human smuggling which were presented in a recent report by the U.S. Department of State. Turkish officials said the government has made an effort to combat the human smuggling trade, and thus, the U.S. had no reason to put Turkey in the same category of states that do not do enough to suppress human struggling. See " Turkey Speaks Out On Accusations <http://www.turkishdailynews.com/FrTDN/latest/for.htm< ." <mailto:samir.hamza@bakernet.com< samir.hamza@bakernet.com or <mailto:hazim.rizkana@bakernet.com<
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