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Cc: cowman@enron.com, jordan.w.cowman@bakernet.com
Mime-Version: 1.0 Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: 7bit Bcc: cowman@enron.com, jordan.w.cowman@bakernet.com X-From: "Cowman, Jordan W" <Jordan.W.Cowman@BAKERNET.com<@ENRON <IMCEANOTES-+22Cowman+2C+20Jordan+20W+22+20+3CJordan+2EW+2ECowman+40BAKERNET+2Ecom+3E+40ENRON@ENRON.com< X-To: Barganier, Sam <Sam.Barganier@BAKERNET.com< X-cc: Cowman, Jordan W <Jordan.W.Cowman@BAKERNET.com< X-bcc: X-Folder: \MCASH (Non-Privileged)\Cash, Michelle\General Research X-Origin: Cash-M X-FileName: MCASH (Non-Privileged).pst I am pleased to send you the Mid-September 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 <mailto:jordan.w.cowman@bakernet.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: 9/15/01 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: 9/15/01 ** - GEL ALERT HIGHLIGHTS: Employee Benefits: Supplementary pension arrangements in Holland may be mandatory in the future; U.S. workers begin to swap options. Employment Discrimination: German court ruling on discrimination against part-time employees; U.S. Equal Employment Opportunity Commission sues Morgan Stanley over alleged sex discrimination. Employment Litigation: U.S. court issues decision refusing to enforce non-competition agreements. Immigration: Mexican President urges reform of U.S. immigration policies; UK court rules that refugees were held illegally. Labour Abuses: California judge rejects Unocal's motion to dismiss Burmese workers' lawsuit alleging human rights abuses; Nike's establishment of a special board committee on worldwide labor compliance. Legislation: Chilean labor law reforms; New law on age restrictions in Sweden; New decree in Vietnam on salaries of employees of foreign invested enterprises. Privacy: Monster.com accused of abuse of privacy regarding job seekers; India establishes first cybercrime police station. Unions: Autoworkers in Brazil seek substantial pay increases; Works Council frustrates corporate sales in the Netherlands; Zimbabwe's main labour union warns of massive strikes over government policies. Alert Date: 9/15/01 ** - BAKER EVENTS: Hong Kong: A seminar program entitled "Discrimination and Data Privacy in the Workplace," to be held on October 8, 2001. For more information please contact Betty Foo <mailto:betty.foo@bakernet.com< . Palo Alto: A breakfast briefing entitled "Going Global: International Employment Issues," on September 25-26, 2001. For more information please contact Cindy Vargas <mailto:cindy.vargas@bakernet.com< . San Diego: A breakfast briefing entitled "Going Global: International Employment Issues," on September 24, 2001. For more information please contact Cindy Vargas <mailto:cindy.vargas@bakernet.com< . Alert Date: 9/15/01 GlobalGlobal top ** - UN INITIATIVES FOCUSED ON WOMEN: The Committee on Economic, Social and Cultural Rights of the United Nations has recently addressed initiatives to undertake preventative, promotive, and remedial action to shield women from the impact of harmful cultural practices and norms that deny them their full human rights. The initiatives include workplace practices. See " Women Struggle For Human Rights <http://www.unhchr.ch/huricane/huricane.nsf/NewsRoom?OpenFrameSet<; ." <mailto:abby.b.silverman@bakernet.com< abby.b.silverman@bakernet.com or <mailto:jorge.a.de.regil@bakernet.com< jorge.a.de.regil@bakernet.com Alert Date: 9/15/01 ** - ALPA PRESIDENT ISSUES STATEMENT ON TERRORIST ACTIONS: On September 11, 2001, Captain Duane Woerth, president of the world 's oldest and largest pilot union, issued a statement in light of the tragic aviation terrorist attacks on the United States. The statement committed all of the Association's resources of security, air safety, and accident investigation personnel to assist with the unimaginable tragedy in the United States. See " Pilot Statement On Terrorist Actions <http://www.alpa.org/internet/news/2001news/nr01095.htm<; ." <mailto:Jordan.cowman@bakernet.com< jordan.cowman@bakernet.com or <mailto:howard.f.fine@bakernet.com< howard.f.fine@bakernet.com Alert Date: 9/15/01 ** - monsterMONSTER.COM ACCUSED OF ABUSE OF PRIVACY REGARDING JOB SEEKERS: A recent report by the Privacy Foundation alleges that Monster.com, the world's largest job-search Web site, is failing to adequately protect the privacy of the millions of job seekers who post resumes to its enormous database. The report suggests that the company was at one point considering selling its customers' resumes to marketers. The study outlines several specific recommendations for ways that Monster.com could be more forthcoming in providing privacy protections and disclosures. See " Privacy Foundation Report <http://wwwprivacyfoundation.org/privacywatch/monster.asp<; " and " Monstor.Com Job Seekers <http://www.newsbytes.com/news/01/169779.html<; ." <mailto:micheal.j.wagner@bakerenet.com< micheal.j.wagner@bakerenet.com or <mailto:alex.valls@bakernet.com< alex.valls@bakernet.com Alert Date: 9/15/01 ** - INTERNATIONAL UNION SEEKS TO INCORPORATE WOMEN INTO DIGITAL ECONOMY: On September 3, 2001, the Union Network International (UNI) hosted the 1st World Women's Conference in Berlin, Germany to discuss methods to bring more women into the digital economy. The group will seek to achieve this by attaining equal pay for equal work, ending employment segregation, and by having employers provide better access to education and training and better preventative health programs at work. UNI is also calling upon all unions worldwide to campaign more vigorously for the rights of women at work and in society, integrating equal opportunity into all activities, and fostering leadership training for women. See " UNI Action Plan To Make Women Winners <http://www.union-network.org/UNIsite/Groups/Women/Conference2001press5.html < ." <mailto:abby.s.silverman@bakernet.com< abby.s.silverman@bakernet.com or <mailto:cynthia.l.jackson@bakernet.com< cynthia.l.jackson@bakernet.com Alert Date: 9/15/01 ** - MEGA-UNION HOLDS FIRST CONGRESS, SEEKS TO TAKE ON GLOBAL CHALLENGE: On September 4, 2001, the Union Network International (UNI) held its first congress, which was brought together in response to the growing changes in the global economy. UNI is an umbrella organization of over 1,000 disparate unions in fields such as telecommunications, banking, finance, and the media, with a total membership of 15 million workers. See " New World <http://sg.news.yahoo.com/010904/1/1e4kh.html<; Trade Union Grouping To Meet Globalization Challenge." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:james.cameron@bakernet.com< james.cameron@bakernet.com Alert Date: 9/15/01 ** - SOME COUNTRIES VOICE RESERVATION TO UN RACE DECLARATION: On September 8, 2001, the United Nations adopted a final declaration on racism. Several countries lodged objections that will form part of the final report on the conference to be sent to the United Nations. See " UN Race <http://www.un.org/WCAR/pressreleases/rd-d45.htm< Declaration." <mailto:william.r.watson@bakernet.com< williamr.watson@bakernet.com or <mailto:jorge.a.de.regil@bakernet.com< jorge.a.de.regil@bakernet.com Alert Date: 9/15/01 ** - UNIONS RISE TO CHALLENGE OF GLOBALISATION: On September 5, 2001, multiple unions established the ITF-IUF Trade Unions Networks at a gathering held in London, England to respond to concerns about declining employment terms and conditions. At the gathering, workers met to exchange experiences and discuss trade union strategy. See " Trade Union Networks <http://www.itf.org.uk/civil_aviation/news/Body_network_100901.html< ." <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: 9/15/01 ** - nikeNIKE ANNOUNCES NEW BOARD COMMITTEE TO ASSESS LABOUR COMPLIANCE: On September 10, 2001, Nike, Inc. announced its Board's approval to create a corporate responsibility committee to assess compliance with labour laws and standards. The new committee will be responsible for reporting and making recommendations to Nike's Board in the areas of labour compliance and human resources issues. Earlier in 2001, Nike came under criticism by labour activists who alleged that the company had failed to comply with labour standards in Indonesia and El Salvador. See: " Nike Board <http://www.nikebiz.com/media/n_crboard.shtml< Committee." <mailto:Gerald.l.maatman@bakernet.com< gerald.lmaatman@bakernet.com or <mailto:james.cameron@bakernet.com< james.cameron@bakernet.com Alert Date: 9/15/01 Asia_PacificAsia Pacific top AU - AUSTRALIAN OFFICERS CONVICTED OVER DATABASE MISUSE: On September 3, 2001, two Australian police officers were convicted and fined AU$2000 for illegal disclosures of private information obtained from the police force's computer system. See " Privacy Breaches Result In Sackings <http://it.mycareer.com.au/breaking/2001/09/04/FFX55Y0L6RC.html<; ." <mailto:ian.dixon@bakernet.com< iandixon@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 9/15/01 AU - NEARLY HALF OF WORKERS SAY THEY WOULD TAKE A PAY CUT TO HELP A COMPANY: A recent TMP survey of Australian employees found that almost 50% of men and 43% of women employees would be willing to take a drop in pay if their company was struggling. The report said that senior directors, managers, directors, and older employees were the most willing to take a pay cut rather than see their company go down. See " Nearly Half Workers Would Take A Pay Cut To Help Firm <http://www.smh.com.au/news/0108/27/national/national106.html<; ." <mailto:brian.jebb@bakernet.com< brian.jebb@bakernet.com or <mailto:chris.oliver@bakernet.com< chris.oliver@bakernet.com Alert Date: 9/15/01 AU - EMPLOYERS ESTABLISH REGISTER OF EMPLOYEE SICK LEAVE HISTORY: A register has been set up by a Queensland labour hire company so that companies can check the sick leave history of potential employees. More than 1,800 workers are listed on the register complied by the company. Employers claim that Australian workers consistently claiming what are known as "sickies" are costing Australian businesses millions of dollars in fraudulent claims and compensation. Claiming it is a breach of privacy, Australian union representatives have called for the register to be banned. See " Firms Sign On To Spy On Sickies <http://news.com.au/common/story_page/0,4057,2707001%5E421%5E%5Enbv,00.html< ." <mailto:paul.brown@bakernet.com< paulbrown@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 9/15/01 AU - UNION REPORT SAYS LONG HOURS CULTURE IS UNREASONABLE: A recently released report commissioned by the Australian Council for Trade Unions (ACTU) claims that Australia now has an entrenched long hours culture that is putting excessive strain on workers, families, and communities. The report has been prepared to provide evidence in the ACTU's reasonable hours test case which seeks to restrict working hours to as yet undefined "reasonable levels." The report was based on interviews with fifty-four workers across a dozen industries. See " Fifty Families: What Unreasonable Hours Are Doing To <http://www.actu.asn.au/vunions/actu/article.cfm?objectid=B5C50A85-C113-45E4 -8A3B313FCE8F3A63< Australians, Their Families And Their Communities." <mailto:ian.dixon@bakernet.com< ian.dixon@bakernet.com or <mailto:vicki.moulatsiotis@bakernet.com< vicki.moulatsiotis@bakernet.com Alert Date: 9/15/01 AU - COURT RULING QUESTIONS EMPLOYER ANTI-DISCRIMINATION OBLIGATIONS: A recent decision of the Victorian Supreme Court challenges key tenets of Australian anti-discrimination laws and overturns a record AU$161,000 damages award. The Court found that the provision of a modem and a fax machine sought by an editor to allow her to work from home to care for a sick child was a "favor" rather than a "reasonable accommodation." The decision raises the prospect of employers having a lesser obligation than previously required to make a reasonable accommodation for employees with a disability or caring responsibilities. The Court found that it would often be the case that making a reasonable accommodation would not extend to meeting the "very special needs of people who have recurrently sick dependants." See " State of Victoria v Schou <http://www.austlii.edu.au/au/cases/vic/VSC/2001/321.html<; ." <mailto:spiro.mellos@bakernet.com< spiro.mellos@bakernet.com or <mailto:sally.woodward@bakernet.com< sally.woodward@bakernet.com Alert Date: 9/15/01 AU - IRC FAILS TO SETTLE POLICE ROW: On September 6, 2001, attempts by Victorian officials to force the Australian Industrial Relations Commission to arbitrate on the police pay dispute were adjourned as unresolved. The government's application claimed there was no reasonable prospect of reaching a negotiated settlement of the dispute and said 22 work bans implemented by police last month were threatening public health and safety. See " IRC Does Not Settle Police Pay Issue <http://www.theage.com.au/news/state/2001/09/06/FFXCUWA08RC.html<; ." <mailto:ian.dixon@bakernet.com< ian.dixon@bakernet.com or <mailto:nicole.vanderhoek@bakrenet.com< nicole.vanderhoek@bakrenet.com Alert Date: 9/15/01 AU - CREW FACES PEOPLE SMUGGLING CHARGES: On September 4, 2001, four Indonesians were charged with people smuggling as they attempted to sneak over 430 refugees, mostly from Afghanistan, on to Australian soil. These charges come at a time when Prime Minister John Howard maintains a firm stance against smuggling that is overwhelmingly popular throughout Australia. See " Crew Charged With People Smuggling <http://news.findlaw.com/ap_stories/i/1106/9-4-2001/20010904133056040.html< ." <mailto:meaghan.e.bare@bakenet.com< meaghan.e.bare@bakenet.com or <mailto:ian.dixon@bakernet.com< ian.dixon@bakernet.com Alert Date: 9/15/01 CN - CHINA PUTS LABOUR ACTIVIST ON TRIAL: Chinese authorities have recently put labor activist Li Wangyang on trial for allegedly inciting the overthrow of state power. However, in a possible goodwill gesture to Washington, the Chinese Government allowed another dissident to leave for the United States. See " Labor Activist On Trial <http://news.findlaw.com/ap_stories/i/1104/9-7-2001/20010907093217780.html< ." <mailto:paul.tan@bakernet.com< paul.tan@bakernet.com or <mailto:daniel.chan@bakernet.com< daniel.chan@bakernet.com Alert Date: 9/15/01 IN - indiaINDIA TO OPEN FIRST CYBERCRIME POLICE STATION: India recently announced plans to open its first police station designed to deal exclusively with cybercrime. The station, which will open in October of 2001, will be based in Bangalore. Business groups hope the new agency will be helpful to employers. " India's Cybercrime Cops <http://technology.scmp.com/internet/ZZZ30Q0FQQC.html<; ." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:narendra.acharya@bakernet.com< narendra.acharya@bakernet.com Alert Date: 9/15/01 JP - HITACHI LAYS OFF 14,700 EMPLOYEES: On August 31, 2001, Hitachi of Japan announced it would cut 14,700 jobs, approximately 4% of its workforce, as a result of the global technological slowdown. Of the 14,700 job cuts, 10,200 would be from Japan with the remaining 4,500 coming from overseas operations. The sudden worldwide drop in demand for computers and mobile phones prompted the job cuts, which Hitachi hopes will save 120 billion yen (US1$ billion). See " Japan <http://sg.news.yahoo.com/010831/1/1dylw.html<; 's Hitachi To Axe 14,700 Jobs." <mailto:hiroshi.kondo@bakernet.com< hiroshi.kondo@bakernet.com or <mailto:hideo.ohta@bakernet.com< hideo.ohta@bakernet.com Alert Date: 9/15/01 NZ - COURT AWARDS DAMAGES FOR NET DEFAMATION: A New Zealand judge has awarded NZ$42,000 in damages arising from defamatory postings on a net newsgroup, e-mail list, and web site. The damages stem from the country's first net defamation case and involved the former chief executive of a name registry domain who sued due to workplace related criticisms. The decision has raised concerns about possible ISP liability for material posted on their web servers. See " Web Defamation <http://www.nzherald.co.nz/storydisplay.cfm?storyID=213221<; ," " Publisher <http://www.nzherald.co.nz/storydisplay.cfm?storyID=213397<; 's At Risk," and " Internet Language <http://www.stuff.co.nz/inl/index/0,1008,925523a28,FF.html<; ." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com Alert Date: 9/15/01 NZ - EMPLOYMENT TRIBUNAL MEMBERS SUE GOVERNMENT: Nine former members of New Zealand's Employment Tribunal have taken Attorney General Margaret Wilson to court in a case that is predicted to cost the New Zealand Government NZ$3 million. The dismissed members allege that their positions were ended illegally when the Attorney General replaced the Tribunal with the new Employment Relations Authority. The members all had four year positions guaranteed which were ended up to 3 years prematurely by the Government's move. See " Sacked Employment Tribunal Members Sue <http://www.stuff.co.nz/inl/index/0%2C1008%2C921326a10%2CFF.html< ." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 9/15/01 NZ - PRISON GUARD STRIKE CAUSES CHAOS AND DEFENCE FORCE INTERVENTION: A recent strike by New Zealand's prison guards has caused widespread disruption and has forced the Government to send in Armed Forces to take over in many prisons. The Corrections Association, the union for the guards, claimed that key security and operational procedures had been ignored because of the strike. The Public Prisons Service suspended over 2,000 prison employees in response to their industrial action and replaced them with 1,400 soldiers, sailors, and air-force staff. See " Defence Forces Take Over As Staff Suspended <http://www.stuff.co.nz/inl/index/0%2C1008%2C928137a10%2CFF.html< ," and " Guards Claim Prisons In Chaos <http://www.stuff.co.nz/inl/index/0%2C1008%2C929360a10%2CFF.html< ." <mailto:michael.michalandos@bakernet.com< michael.michalandos@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 9/15/01 NZ - INDUSTRIAL DISPUTE AT HOSPITAL THREATENING SERVICES: Management warned that a recent industrial dispute at two Christchurch Hospitals will threaten services if it results in industrial action. About 1,100 nurses and allied health staff have served notices that they will strike for increased pay and conditions. Doctors have warned that services may be so compromised during the strike that they will be unable to ensure patient safety. See " Senior Doctors Urge Parties To End Dispute <http://www.stuff.co.nz/inl/index/0%2C1008%2C929270a11%2CFF.html< ." <mailto:michael.michalandos@bakernet.com< michael.michalandos@bakernet.com or <mailto:kathleen.thornton@bakernet.com< kathleen.thornton@bakernet.com Alert Date: 9/15/01 NZ - EMPLOYMENT FOR WORKERS WITH DISABILITIES: On September 12, 2001, Council of Trade Unions President said it is no surprise that a government review has shown people with disabilities want to gain real skills and real jobs with the same rights and conditions as other workers. See " Equal <http://new.newsroom.co.nz/story/64679-33-0.html< Rights For Workers With Disabilities." <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com or <mailto:chris.oliver@bakernet.com< chris.oliver@bakernet.com Alert Date: 9/15/01 PH - CHR EMPLOYEE THREATENED AFTER FILING CLAIM: An employee of the Philippine Commission on Human Rights (CHR) who recently filed a sexual harassment case against the CHR regional director has stated that she fears for her life and for her two daughters. The employee claims she has learned that someone close to her superior whom she accused of sexually harassing her has been issuing threats that her family would be harmed if the director was found guilty. <mailto:romeo.salonga@bakernet.com< romeo.salonga@bakernet.com or <mailto:gil.zerrudo@bakernet.com< gil.zerrudo@bakernet.com Alert Date: 9/15/01 PH - ADMINISTRATOR FACES SEXUAL HARASSMENT CHARGES: The president of a state college recently has been levied a suspension for alleged sexual harassment. Dr. Felipe Ligan, president of the Jose Rizal Memorial State College, is the first public school official in the Philippines to be accused of sexually abusing a subordinate. <mailto:joseph.castillo@bakernet.com< joseph.castillo@bakernet.com or <mailto:jamea.garcia@bakernet.com< jamea.garcia@bakernet.com Alert Date: 9/15/01 PK - MUSHARRAF PLEDGES TO STABILIZE ECONOMY: On September 7, 2001, Pakistani President Gen. Pervez Musharraf announced that his government would initiate 20 large projects in the upcoming year to jump-start the sagging economy and bring an end to poverty. Musharraf made the announcement as he spoke at a gathering organized by the Workers Welfare Board to present scholarships to the children of workers, grants for dowry, and flat ownership rights of workers of different industrial workers. See " Workers Get <http://www.dawn.com/2001/09/08/top1.htm<; Ownership Rights." <mailto:susan.kendall@bakernet.com< susan.kendall@bakernet.com or <mailto:diane.purdy-tsang@bakenet.com< diane.purdy-tsang@bakenet.com Alert Date: 9/15/01 VN - draftdecreeDRAFT DECREE ON SALARIES OF EMPLOYEES OF FOREIGN INVESTED ENTERPRISES: The Ministry of Labour, War Invalids and Social Affairs recently issued a decree summarizing government opinions on the draft decree on salaries of workers for Foreign Invested Enterprises, as well as foreign and international organizations and individuals in Vietnam. See " Circular No. 1859 <http://www.bmck.com/gel/articles/Vietnam-Draft Decree on Salaries.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 9/15/01 VN - HANOI PLANS TO DEVELOP IT CENTER: The city of Hanoi recently announced plans to spend VND400 billion on developing information technology, in the hopes of making this a key industry in the first decade of the new century. See " IT Development <http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200109060030 43< ." <mailto:william.kuo@bakernet.com< william.kuo@bakernet.com or <mailto:anthony.jacobsen@bakernet.com< anthony.jacobsen@bakernet.com Alert Date: 9/15/01 VN - PAY RAISES BENEFIT THE PROFESSIONAL: According to recent figures from the Service of Labour, War Invalids and Social Affairs, the average wage of a worker in Ho Chi Minh City increased slightly over the last year while professionals have gained a significantly larger slice of the pie. See " Pay Rises Benefit Professionals <http://www.bmck.com/gel/articles/Vietnam-Pay Raises Benefit the Professional.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 9/15/01 VN - COMMON SALARY SYSTEM FOR STATE EMPLOYEES LIKELY: Experts at the Vietnamese Government Personnel Commission have recently shown support for a proposed measure under which a common salary system for state bureaucrats will be adopted. See " Common Salary System <http://www.bmck.com/gel/articles/Vietnam-Common Salary System for State Employees.doc< ." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 9/15/01 Europe___CISEurope & CIS top BY - OPPOSITION FIGURE EXPOSES GOVERNMENT'S ANTI-DEMOCRATIC MANEUVERS: The editor in chief of Belarus' largest independent newspaper recently visited the headquarters of the International Confederation of Free Trade Unions (ICFTU) and voiced criticisms of his government's current campaign of undemocratic practices and trade union rights violations. See " Government Exposed <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213233< ." <mailto:evgeny.reyzman@bakernet.com< evgeny.reyzman@bakernet.com or <mailto:jean.brough@bakernet.com< jean.brough@bakernet.com Alert Date: 9/15/01 DE - VOLKSWAGEN AGREES TO LABOUR PROJECT TO CREATE 5,000 NEW JOBS FOR UNEMPLOYED: Volkswagen AG and labour representatives recently reached an agreement to create 5,000 new jobs for unemployed workers under a structure that has been hailed as a sign of new flexibility in the German labour market. See "VW Creates New Jobs." <mailto:andre.sayatz@bakernet.com< andre.sayatz@bakernet.com or <mailto:ulrike.moog@bakernet.com< ulrike.moog@bakernet.com Alert Date: 9/15/01 DE - parttimeDISCRIMINATION OF PART-TIME EMPLOYEES: The German Federal Labour Court recently overruled a decision of a district labour court and granted a part-time employee who had received less wages per hour than his full-time colleagues for the same work damage compensation under Section 823 of the Civil Code in the amount of the differential pay. According to Section 2 of the former Act on the Promotion of Employment, which is identical to Section 4 of the new Part-time and Fixed-Term Employment Act, it is unlawful to discriminate against part-time workers in favor of full-time workers on unreasonable grounds. The Court ruled that this was the case due to the different wages and that Section 2 of the former Act on the Promotion of Employment was a "statute intended for protection of others within the meaning of Section 823 Civil Code." See " Part-Time Ruling <http://www.bundesarbeitsgericht.de/mitteilungen01.html<; ." <mailto:christian.reichel@bakernet.com< christian.reichel@bakernet.com or <mailto:claudia.heins@bakernet.com< claudia.heins@bakernet.com Alert Date: 9/15/01 DE - NO UNLIMITED DAMAGE CLAIM AFTER VOID DISMISSAL: The Labour Court of Frankfurt ruled recently that an employee who received a notice of termination that had been held void by the court cannot claim damages which result from a termination of his life insurance contract. Due to the loss of his job, the dismissed employee could not afford to continue to pay his contributions to his life insurance and terminated the contract. After the Court stated that the dismissal was in fact void he purchased a new life insurance with less favorable conditions than the former one. The employee claimed compensation of the damage resulting from the different conditions of the life insurance contracts. The Court dismissed his claim on the grounds that such financial risks have to be borne by employees. See " No Unlimited Damages <http://afaz.gbi.de/cgi-bin/gbiwww?FLAG=120&SEITE=FAZein< ." <mailto:jacqueline.piran@bakernet.com< jacqueline.piran@bakernet.com or <mailto:ulrich.ziegler@baker-net.com< ulrich.ziegler@baker-net.com Alert Date: 9/15/01 DE - PRIVATE INTERNET SURFING AT WORK: On September 4, 2001, the Labour Court of Wesel ruled that if an employer does not notify its employees that private Internet surfing at work is prohibited during working hours, private Internet surfing at work for nearly one hundred hours a year does not justify a dismissal for cause. The employer is obliged to first give a formal warning to the employee. Only in case of repetition of such excessive use of the internet after such warning may a termination be held valid. See " Internet Ruling <http://www.wdr.de/online/computer/arbeitsgericht_surfen/index.phtml< ." <mailto:petra.hess@bakernet.com< petra.hess@bakernet.com or <mailto:gregor.dornbusch@bakernet.com< gregor.dornbusch@bakernet.com Alert Date: 9/15/01 DE - DISMISSAL ONE WEEK AFTER DEATH OF SPOUSE IS NO VIOLATION OF GOOD FAITH: The German Federal Labour Court recently reaffirmed its general rule concerning the timing of dismissals. In general, an employer who respects the mandatory notice periods and the termination protection rules can give notice whenever and wherever it wants. For example, a notice is not void because it was given on Christmas day. A dismissal can be contrary to good faith only in extreme situations. This is, for example, the case if the employer gives notice at a particular moment in order to deliberately harm the employee. According to these rules, the Court stated that it is not an extreme situation when an employee is given notice only a few days after the death of his spouse. See " Termination <http://www.bundesarbeitsgericht.de/<; Ruling." <mailto:jan.valentin@baker-net.com< jan.valentin@baker-net.com or <mailto:markus.kappenhagen@bakernet.com< markus.kappenhagen@bakernet.com Alert Date: 9/15/01 DE - PETTY THEFT DOES NOT JUSTIFY DISMISSAL FOR CAUSE: The Labour Court of Frankfurt recently stated that petty theft justifies a dismissal for cause if the employee has a leading position in the company. In contrast, the Labour Court of Hamburg ruled that theft generally may be a reason for a dismissal for cause, but as long as petty thefts do not result in reasonable financial damage, such a criminal offense does not justify a dismissal for cause. Instead, the employer should first give a formal warning to the employee. See " Theft Rulings <http://afaz.gbi.de/cgi-bin/gbiwww?FLAG=120&SEITE=FAZ.ein< ." <mailto:nina.cahlik@bakernet.com< nina.cahlik@bakernet.com or <mailto:bernhard.trappehl@bakernet.com< bernhard.trappehl@bakernet.com Alert Date: 9/15/01 ES - EXCESSIVE INTERNET USE IS CAUSE FOR DISMISSAL: Spanish Labour Courts have recently considered excessive use of the internet in the workplace. The courts have concluded that surfing the web for private use during working hours on computers owned by an employer will be sufficient cause for dismissal. <mailto:alex.valls@bakernet.com< alex.valls@bakernet.com or <mailto:mteresa.franquesa@bakernet.com< mteresa.franquesa@bakernet.com Alert Date: 9/15/01 ES - LAW MODIFIES LABOUR MARKET: The recent passage of Law 12/2001 modifies the labour markets while increasing employment and improving its quality. This new law introduces measures to foment the indefinite employment contract and intensifies guaranties in the outsourcing and transfer of employees. <mailto:monica.julve@bakernet.com< monica.julve@bakernet.com or <mailto:pilar.tellez@bakernet.com< pilar.tellez@bakernet.com Alert Date: 9/15/01 ES - SPAIN DETAINS 42 ILLEGAL IMMIGRANTS: On September 9, 2001, police in southern Spain arrested more than 40 illegal African immigrants traveling in two boats trying to reach Spanish shores. See " African Immigrants Detained <http://www.cnncom/2001/WORLD/africa/09/02/spain.immigrants.reut/index.html<; ." <mailto:alex.valls@bakernet.com< alex.valls@bakernet.com or <mailto:pilar.tellez@bakernet.com< pilar.tellez@bakernet.com Alert Date: 9/15/01 FR - JUDGE ORDERS ONE FRANC IN DAMAGES FOR WEB SITE ABUSES: A French judge recently ordered a disgruntled ex-employee to pay one franc in damages to his former employer after he created a web site and posted defamatory remarks about company employees. See " Employee Found Liable For Web Site Postings Critical Of <http://melbourne.butterworths.co.uk/cgi-bin/db/query.pl?sv=ECommerce&id=661 3&dp< Employer." <mailto:gilles.jolivet@bakernet.com< gilles.jolivet@bakernet.com or <mailto:denise.broussal@bakernet.com< denise.broussal@bakernet.com Alert Date: 9/15/01 IE - GOVERNMENT MUST CONCENTRATE ON QUALITY OF PUBLIC SPENDING: On September 5, 2001, the Irish Business and Employers Confederation (IBEC) called on the government to focus on the quality of public spending, explaining that businesses and the public deserve better public services, particularly in the health field. See " Quality Public Spending <http://www.ibec.ie/ibec/Press/PressPublicationsdoclib3.nsf/966008fe067c28d8 802569420055bc17/bd84dad7048c090980256abe005aa030?OpenDocument< ." <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com or <mailto:kristen.barker@bakernet.com< kristen.barker@bakernet.com Alert Date: 9/15/01 NL - EMPLOYERS EXPOSED: The Dutch Government intends to disclose disability risks at large employers. The purpose of this measurement is to compare the number of employees of large companies who benefit from the Dutch Disablement Benefits Act. In addition, the disclosure of those figures should encourage employers to pay more attention to working conditions and corporate policies regarding absenteeism and reintegration. <mailto:joseph.f.van.vlijmen@bakernet.com< joseph.f.van.vlijmen@bakernet.com or <mailto:steffan.j.dejong@bakernet.com< steffan.j.dejong@bakernet.com Alert Date: 9/15/01 NL - workscouncilWORKS COUNCIL FRUSTRATES SALE AT LAURUS: The Central Works Council of the Laurus group of supermarket companies has initiated legal proceedings before the Dutch Chamber of Commerce. The Central Works Council wants to stop the sale of the company to competitor Sperwer Group. At the same time, Sperwer has commenced summary proceedings against Laurus, claiming that the transactions must proceed. According to the Central Works Council, new facts and circumstances forced it to reconsider its positive advice given earlier. <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: 9/15/01 NL - pensionPENSION ARRANGEMENTS MANDATORY IN THE FUTURE: Employers and employees have agreed upon a mandatory supplementary pension system, offered by the employer. According to current Dutch pension law, employers are not obliged to provide supplementary pension benefits, as a mandatory pension system is considered to be too expensive for employers. However, the SER (the Dutch National Economic Development Council) will unanimously advise the legislature with respect to a completely different Pension Act for the future. <mailto:anita.de.jong@bakernet.com< anita.de.jong@bakernet.com or <mailto:mirjana.maric@bakernet.com< mirjana.maric@bakernet.com Alert Date: 9/15/01 NL - PROHIBITION ON COLLECTIVE EARLY RETIREMENT: The Dutch Government will submit a legislative proposal to the Lower House of Dutch Parliament with respect to the prohibition of a collective early retirement in Collective Bargaining Agreements. The State Secretary of Social Affairs and Employment is of the opinion that a system of collective early retirement before the age of 65 is a form of age discrimination. <mailto:karin.w.m.bodewes@bakernet.com< karin.w.m.bodewes@bakernet.com or <mailto:mirjana.maric@bakernet.com< mirjana.maric@bakernet.com Alert Date: 9/15/01 NL - EMPLOYMENT OPPORTUNITIES CALL CENTRES: According to the Dutch State Secretary of Social Affairs and Employment, developments in the telephone and computer industry will create jobs at call centres. The developments will lead to more employment opportunities for specific groups in the labour market, including women, handicapped persons, and ethnic minorities. Due to possibilities of working flexible hours, call centres offer the opportunity to combine work and care more easily. <mailto:anita.de.jong@bakernet.com< anita.de.jong@bakernet.com or <mailto:marielle.daudt@bakernet.com< marielle.daudt@bakernet.com Alert Date: 9/15/01 NL - EMPLOYER PAYS UNEMPLOYMENT BENEFITS: The Dutch Parliament is considering legislation where employers may be obliged to pay part of the unemployment benefits for an employee if they dismiss an employee who is 57.5 years of age or older. If the Lower House of Dutch parliament adopts the bill, it will have retroactive effect as from May of 2001. This implies that employers that have dismissed employees who are 57.5 or over since May of 2001 may be confronted in the future with the obligation to contribute to the unemployment benefits of those 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: 9/15/01 SE - newageNEW LAW ON AGE RESTRICTIONS IN EMPLOYMENT: Effective September 1, 2001, Swedish law forbids the mandatory retirement of workers until age 67. Previous Swedish law had allowed forced retirements at age 65. See " New Retirement Age <http://www.bmck.com/gel/articles/Sweden - New Age of Retirement.doc< ." <mailto:Sten.baurer@bakernet.com< sten.bauer@bakernet.com or <mailto:anna.arnell@bakernet.com< anna.arnell@bakernet.com Alert Date: 9/15/01 SE - FEES FOR APPLICATIONS FOR RESIDENCE: Workers applying for residency in Sweden are now subject to new rules and fees effective as of July 15, 2001. The fee for work in Sweden is now SEK 1,000. See " Residency Fees <http://www.bmck.com/gel/articles/Sweden-Fees to Apply for Residence.doc< ." <mailto:Sten.baurer@bakernet.com< sten.bauer@bakernet.com or <mailto:anna.arnell@bakernet.com< anna.arnell@bakernet.com Alert Date: 9/15/01 UK - DISABLED-FRIENDLY WEBSITES ADVICE: Tayside Companies were recently warned they could face legal action if they do not ensure their web sites are accessible by the disabled. Members of the Digital Media Access Group (DMAG) warned UK businesses to take heed of the lesson learned by designers of the Sydney Olympics web site who found themselves in court because of the lack of accessibility for disabled people. The UK has legislation in place in the form of the Disability Discrimination Act of 1995 which states that providers of services must take reasonable steps to provide access to their services, which include providing technology such as audio devices for the blind. See " Web Site Advice <http://www.get.hobsons.com/sections/equal_opps/disabled/ds_friendly.html< ." <mailto:john.evason@bakernet.com< john.evason@bakernet.com or <mailto:peter.duff@bakernet.com< peter.duff@bakernet.com Alert Date: 9/15/01 UK - BANK BOSS DEMOTED TO OFFICE CLEANER TELLS OF JOY AT TRIBUNAL VICTORY: A bank manager, who was demoted and given cleaning duties when she returned from maternity leave, recently won her claim of sex discrimination at an employment tribunal. The employees had brought claims against First National Bank in Glasgow for discrimination and constructive dismissal. <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com or <mailto:kirsten.barker@bakernet.com< kirsten.barker@bakernet.com Alert Date: 9/15/01 UK - WOMEN POLICE DEMAND AN END TO MACHO CULTURE: Police chiefs in the UK were told recently to sweep away sexism which blocks progress for talented women and has led to compensation for sexual harassment and discrimination. See " Women Police Call For Reform <http://www.homeoffice.gov.uk/new_indexs/index_police.htm< ." <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com or <mailto:karen.black@bakernet.com< karen.black@bakernet.com Alert Date: 9/15/01 UK - IMMIGRATION HOLD-UP: Overseas executives recently joined the queue at Croydon's immigration office because of a change in the rules for fast-tracking business service. The move could slow down business people and prevent them from traveling. See " Immigration Hold-Up <http://globalarchive.ft.com/globalarchive/articles.html?id=010827001008&;que ry=Immigration+hold-up+on+the+case< ." <mailto:tony.haque@bakernet.com< tony.haque@bakernet.com or <mailto:rizwan.bhatti@bakernet.com< rizwan.bhatti@bakernet.com Alert Date: 9/15/01 UK - COMMISSION REPORTS THAT EMPLOYMENT TRIBUNALS ARE FAILING VICTIMS OF SEXUAL HARASSMENT: The UK Equal Opportunities Commission recently reported that nine out of ten people who bring a sexual harassment case to an employment tribunal lose their job or resign as a consequence of the harassment. See " Commission <http://www.eoc.org.uk/sh/index.htm<; Report." <mailto:robert.west@bakernet.com< robert.west@bakernet.com or <mailto:nigel.moss@bakernet.com< nigel.moss@bakernet.com Alert Date: 9/15/01 UK - UNION MEMBERSHIP ON RISE: On September 8, 2001, the UK Department of Trade and Industry reported that labour union membership in the United Kingdom has grown for the second year running after a sustained 25-year decline. See " Labour <http://www.statistics.gov/uk/pdfdir/lmt0901.pdf<; Union Membership Increasing." <mailto:Christine.obrien@bakernet.com< christine.obrien@bakernet.com or <mailto:nigel.moss@bakernet.com< nigel.moss@bakernet.com Alert Date: 9/15/01 UK - BRITISH INDUSTRY ATTACKS DECISION TO DROP EMPLOYMENT TRIBUNAL FEE: On September 5, 2001, industry groups criticized the United Kingdom's decision to drop legislation to charge workers 100 pounds for lodging employment tribunal claims against employers on issues such as unfair dismissal, racial discrimination, and pay. See " Tribunal Fee Dispute <http://news.bbc.co.uk/hi/english/uk_politics/newsid_1526000/1526708.stm< ." <mailto:kirsten.barker@bakernet.com< kirsten.barker@bakernet.com or <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com Alert Date: 9/15/01 UK - GOVERNMENT PUBLISHES PROPOSALS FOR REFORM OF THE TRANSFER OF UNDERTAKINGS (PROTECTION OF EMPLOYMENT REGULATIONS 1981): The UK Government has issued a long awaited consultation paper and its proposals for reform of TUPE to accord with the 1998 revisions to the Acquired Rights Directive. The new proposals cover transfer of pension rights and specific protection for "second generation" outsourcings. <mailto:john.evason@bakernet.com< john.evason@bakernet.com or <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com Alert Date: 9/15/01 UK - LIABILITY OVER OFFENSIVE E-MAILS: A former employee of a London law firm has complained of sex and race discrimination after she read offensive e-mails sent by a partner in the firm and another solicitor suggesting that they choose as her successor a "busty blonde." See " Offensive E-Mail <http://news.bbc.co.uk/hi/english/sci/tech/newsid_1530000/1530458.stm< ." <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 9/15/01 UK - FIXED TERM CONTRACTS: In March, the UK Government issued draft regulations and a consultation paper seeking further views on the implementation of the European Union fixed term contract workers directive. The consultation period has now closed and the Government is now reviewing over 200 responses to the consultation paper. <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com or <mailto:john.evason@bakernet.com< john.evason@bakernet.com Alert Date: 9/15/01 UK - PHONING WORKERS AT HOME: Despite recent advice given by the UK Institute of Management suggesting that contacting a worker at home may amount to a breach of his or her right to privacy, many employment experts have commented that there are occasions on which it is permissible, and indeed desirable, to do this. This is because the "right to privacy" under the Human Rights Act is a qualified right. <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com or <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com Alert Date: 9/15/01 UK - SEX DISCRIMINATION AND BURDEN OF PROOF: Employers are gearing up to meet the demands of the sex discrimination (Indirect Discrimination and Burden of Proof) Regulations 2001, which come into force in October of 2001. These possibly extend the scope of indirect sex discrimination and may make it more difficult for employers to defeat allegations of discrimination. <mailto:sarah.gregory@bakernet.com< sarah.gregory@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 9/15/01 UK - PLANS TO CHARGE TRIBUNAL APPLICANTS A ?100 FEE SCRAPPED: The proposal to reduce numbers of Employment Tribunal applicants by charging a fee has had a very short life and has now been abandoned. <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com or <mailto:john.evason@bakernet.com< john.evason@bakernet.com Alert Date: 9/15/01 UK - refugeesUK JUDGE RULES REFUGEES HELD ILLEGALLY: On September 7, 2001, a British judge ruled that the detention of four Iraqi Kurdish refugees at a former air force base was unlawful. The ruling is a possible setback to Britain's fight against illegal immigrants and could also lead to compensation claims. See " Judge Rules Refugees Held Illegally <http://www.news.findlaw.com/internationsl/s/20010907/britainasylumdc.html<; ." <mailto:tony.haque@bakernet.com< tony.haque@bakernet.com or <mailto:john.evason@bakernet.com< john.evason@bakernet.com Alert Date: 9/15/01 UK - AMAZON ACCUSED IN ROW OVER BALLOT: On September 11, 2001, personnel officers at Amazon.com have written letters on behalf of their co-workers stating the workers want to resign from a trade union. The workers are in a recognition dispute that threatens to test the Labour Government's changes to UK employment law. See " Trade Union Special Report <http://www.guardian.co.uk/unions/story0,1292,549877,00.html<; ." <mailto:kristen.barker@bakernet.com< kristen.barker@bakernet.com or <mailto:rizwan.bhatti@bakernet.com< rizwan.bhatti@bakernet.com Alert Date: 9/15/01 UK - GUARDIAN ANGEL SCHEME TO CUT ABUSE: Union chiefs have recently called for a Scotland-wide guardian angel alarm system to protect health care workers who are facing physical and verbal abuses. This comes in the context of Scotland's largest union reporting unprecedented levels of abuse. See " Guardian Angel <http://news.bbc.co.uk/hi/english/uk/scotland/newsid_1537000/1537335.stm< ." <mailto:jenny.andrews@bakernet.com< jenny.andrews@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 9/15/01 UK - MCDONALD'S SPONSORSHIP OF PARTY CONFERENCE: On September 12, 2001, the general secretary of the International Federation of Trade Unions (IUF) wrote a letter expressing distress at the United Kingdom's decision to solicit and accept McDonald's sponsorship of a reception at New Labour's annual conference. According to the IUF, the decision expresses a clear repudiation of the democratic values of the labour movement, values which New Labour claims to embody despite disagreements with the party's trade union constituency over some policies. See " McDonald <http://www.iuf.org/iuf/news/010910.htm/<; 's Sponsorship." <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com or <mailto:johnevason@bakernet.com< johnevason@bakernet.com Alert Date: 9/15/01 YU - PROTEST UNION BUSTING AT BEGRADE HYATT HOTEL: Nineteen union members at Belgrade's Hyatt Regency Hotel have recently been fired for taking part in strike action. See " Union Members Sacked For Striking <http://www.iuf.org/iuf/Urgent/index.htm<; ." <mailto:serhiy.chorny@bakernet.com< serhiy.chorny@bakernet.com or <mailto:julia.borozdna@bakernet.com< julia.borozdna@bakernet.com Alert Date: 9/15/01 Africa_Middle_EastAfrica/Middle East top ZA - MINE FACES HEALTH AND SAFETY INQUIRY: The South African Minerals and Energy Department has recently set a date for a three-day inquiry into allegations that Vantech may have broken health and safety legislation at its Steelpoort mine. The inquiry will begin on October 8, 2001, and comes as a result of intense lobbying by the National Union of Mineworkers. See " Health And Safety Issues <http://wwwbday.co.za/bday/content/direct/1,3523,926165-6078-0,00.html< ." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakenet.com< william.j.dorsey@bakenet.com Alert Date: 9/15/01 ZW - zimbUNION ISSUES GRIM WARNING OF MASSIVE REVOLT: Zimbabwe's main labour body recently warned of a massive revolt by poverty-stricken Zimbabweans unless the government acts swiftly to end the country's economic decline. See " Revolt On Horizon <http://allafrica.com/storeis/printable/200109070354.html<; ." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakenet.com< william.j.dorsey@bakenet.com Alert Date: 9/15/01 South_AmericaSouth America top BR - brazilBRAZILIAN AUTOWORKERS SEEK PAY RAISE OF AT LEAST 7%: On September 5, 2001, autoworkers in the industrial area of Sao Paolo began mobilizing a campaign for a pay raise of at least 7%. Labour groups throughout the region began work delays at various plants owned by Ford, Toyota, Mercedes-Benz, and Volkswagon in an attempt to paralyze production at the plants and to draw attention to the demands of the workers. The 7% pay raise demand corresponds to the level of inflation over the last year, but workers are also attempting to discuss methods to ensure that they will have an increase in real wages as well. See " Brazil's <http://sg.biz.yahoo.com/010829/15/1dos9.html<; Auto Workers Seek Pay Raise Of At Least 7%." <mailto:sergio.caiuby@bakernet.com< sergio.caiuby@bakernet.com or <mailto:ana.p.vizintini@bakernet.com< ana.p.vizintini@bakernet.com Alert Date: 9/15/01 CL - chileanREFORMS TO THE CHILEAN LABOR CODE: On September 11, 2001, the Chilean Congress approved various reforms to the Labor Code. The reforms set increases to severance pay entitlements in the circumstances of an unjustified, undue, or incorrect dismissal, as well as terminations for anti-union practices. The measures will become effective upon publication in the Chilean Official Gazette, which is expected in the later part of September of 2001. See " Reforms To The Chilean Labour Code <http://www.bmck.com/gel/articles/Chile-Reforms to the Labor Code.doc< ." <mailto:Vicente.eguiguren@bakernet.com< vicente.eguiguren@bakernet.com or <mailto:ricardo.ovalle@bakernet.com< ricardo.ovalle@bakernet.com Alert Date: 9/15/01 GT - TAX REFORM MEASURES CONTINUE DESPITE VIOLENT PROTESTS: On September 4, 2001, Guatemalan President Alfonso Portillo vowed to continue pressing for tax reforms, despite protests during the first week of September which left dozens injured and hundreds arrested in clashes with police throughout the country. The reforms proposed by Portillo would raise the value-added tax from 10% to 12% and raise the current tax on sea and air transport by 100%. In response, the national chambers of agriculture, commerce, and industry commenced a one-day strike, which organizers claim virtually shut down the country. See " Guatemala Leader Defies Protestors <http://news.bbc.co.uk/hi/english/world/americas/newsid_1473000/1473018.stm< ." <mailto:fernando.saenz@bakernet.com< fernando.saenz@bakernet.com or <mailto:ignacio.garcia@bakernet.com< ignacio.garcia@bakernet.com Alert Date: 9/15/01 North_AmericaNorth America top CA - STUDY SEES DOWNWARD TREND IN TIME LOST AS RESULT OF INDUSTRIAL DISPUTES IN CANADA: A recent study released by Statistics Canada concluded that the number of industrial disputes and the time lost due to such disputes in Canada have declined significantly over the past two decades. See " Perspective <http://www.statcan.ca/english/ads/75-001-XIE/index.htm< 's On Labour And Income." <mailto:kevin.b.coon@bakernet.com< kevin.bcoon@bakernet.com or <mailto:ana-maria.mills@bakernet.com< ana-maria.mills@bakernet.com Alert Date: 9/15/01 CA - UNEMPLOYMENT IN CANADA ON THE RISE: According to recent reports, the unemployment rate in Canada is on the rise. August of 2001 was the third consecutive month of job losses, raising fears in some quarters of a recession. See " Unemployment On The Rise <http://www.statcan.ca/Daily/English/010907/d010907b.htm<; ." <mailto:Willliam.watson@bakernet.com< willliam.watson@bakernet.com or <mailto:joanne.owers@bakernet.com< joanne.owers@bakernet.com Alert Date: 9/15/01 CA - CANADIAN NATIONAL UNEMPLOYMENT RATE INCREASED TO 7.2 PERCENT IN AUGUST: On September 7, 2001, Statistics Canada reported a slight decrease in employment coupled with a rise in labor force participation accounted for the increase in Canada's national unemployment rate to 7.2% in August of 2001. See " Canada <http://www.statcan.ca/english/Subjects/Labour/LFS/lfs-en.htm< 's Unemployment Rate Increases." <mailto:kevin.b.coon@bakernet.com< kevin.b.coon@bakernet.com or <mailto:charlotte.hutchinson@bakernet.com< charlotte.hutchinson@bakernet.com Alert Date: 9/15/01 CA - EMPLOYER FINED CA$200,000 FOR VIOLATING ONTARIO'S OCCUPATIONAL HEALTH AND SAFETY ACT: The Ontario Court of Justice in Brampton recently fined the Con-Drain Company (1983) Limited, a watermain and sewer contractor, for violating the Occupational Health and Safety Act <http://www.gov.on.ca/lab/ann/01-48e.htm< . In 1998, an employee of Con-Drain of was killed while assisting in the installation of a manhole at the construction site when the manhole's top section fell on him. The Court fined the employer CA$200,000, while the supervisor on the project was fined CA$15,000. <mailto:Kevin.b.coon@bakernet.com< kevin.b.coon@bakernet.com or <mailto:shantanu.roy@bakernet.com< shantanu.roy@bakernet.com Alert Date: 9/15/01 CA - EMPLOYER FINED CA$100,000 FOR VIOLATING ONTARIO'S OCCUPATIONAL HEALTH AND SAFETY ACT: The Ontario Court of Justice recently ordered Weyerhaeuser Company Ltd, to pay CA$100,000 for violating the Occupational <http://www.gov.on.ca/lab/ann/01-49e.htm< Health and Safety Act, when an employee was injured when a bale of pulp fell on him. Weyerhaeuser pled guilty to the charge of failing to ensure that the bales of pulp and paper were moved in a manner that did not endanger the safety of a worker. <mailto:Susan.g.seller@bakernet.com< susan.g.seller@bakernet.com or <mailto:shantanu.roy@bakernet.com< shantanu.roy@bakernet.com Alert Date: 9/15/01 MX - MEXICAN VOLKSWAGON STRIKE HALTED: On September 5, 2001, Volkswagon and Mexican union leaders reached an agreement effectively ending the 19 day strike that had crippled the German automaker's production plant near Mexico City. Negotiations between Volkswagon and Mexican labour officials resulted in a 10.2% pay raise for the 16,000 workers at the plant. After the union's initial demands for a 30% wage raise were rebuffed, the unions began a strike which virtually halted production at the plant, costing Volkswagon an estimated US$30 million a day. See " VW, Union Reach Pact Ending Mexican Strike <http://dailynews.yahoo.com/h/nm/20010905/bs/autos_mexico_volkswagen_dc_2.ht ml< ." <mailto:alfredo.kepfer-dominguez@bakernet.com< alfredo.kepfer-dominguez@bakernet.com or <mailto:salvador.pasquel-villegas@bakernet.com< salvador.pasquel-villegas@bakernet.com Alert Date: 9/15/01 MX - VOLKSWAGON SUSPENDS INVESTMENT PLANS AFTER DEALING WITH STRIKE: On September 7, 2001, Volkswagon announced that it was suspending its US$1.5 billion investment plan in Mexico just hours after resolving a 19 day strike. Stating that circumstances had changed, Volkswagon vice-chairman Francisco Bada said that his company was halting the investments in Mexico at this time, and instead channeling the money towards Asian investments. See " VW Suspends Mexican Investment <http://news.bbc.co.uk/hi/english/business/newsid_1527000/1527992.stm< ." <mailto:perla.d.arreola-carbajal@bakernet.com< perla.d.arreola-carbajal@bakernet.com or <mailto:jorge.a.de.regil@bakernet.com< jorge.a.de.regil@bakernet.com Alert Date: 9/15/01 MX - immigrationMEXICAN PRESIDENT URGES U.S. TO REFORM IMMIGRATION POLICIES: On September 5, 2001, Mexican President Vicente Fox urged the United States to reform policies on immigration, so that more Mexicans may be granted guest-worker status. President Fox called for both the Mexican and U.S. Governments to resolve this issue by the end of the year, and said that his Administration and the U.S. Congress would need to "think creatively" to ensure as many Mexicans as possible are working legally. See " Fox Urges Immigration Overhaul <http://news.excite.com/news/ap/010906/15/news-bush-mexico< ." <mailto:manuel.limon@bakernet.com< manuel.limon@bakernet.com or <mailto:perla.d.arreola-carbajal@bakernet.com< perla.d.arreola-carbajal@bakernet.com Alert Date: 9/15/01 MX - JOINT STATEMENT BETWEEN THE UNITED STATES AND MEXICO : On September 6, 2001, the White House released a joint statement between the United States and Mexico highlighting the three-day state visit of Mexican President Vicente Fox to the United States. The statement summarized talks between the U.S. and Mexico, with a particular emphasis on trade and immigration. See " Joint Statement <http://wwwwhitehouse.gov/news/releases/2001/09/20010906-8.html< ." <mailto:francisco.j.legarreta@bakernet.com< franciscoj.legarreta@bakernet.com or <mailto:hector.granados@bakernet.com< hector.granados@bakernet.com Alert Date: 9/15/01 US - NEW YORK OFFICE OF EEOC DESTROYED IN TERRORIST ATTACK: The New York office of the U.S. Equal Employment Opportunity Commission (EEOC) was destroyed as a result of the terrorist attacks on the World Trade Center on September 11, 2001. The New York office of the EEOC is one of the leading District Offices of the Commission. The EEOC announced that steps were immediately undertaken to transfer the Commission's services in New York to Washington, D.C. until the New York office can be relocated and made fully operational. See: " New York EEOC Office <http://www.eeoc.gov/press/9-12-01.html< ." <mailto:Gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or robert.l.lewis@bakernet.com <mailto:robert.l.lewis@bakernet.com< Alert Date: 9/15/01 US - CALIFORNIA WORKERS E-MAIL PRIVACY BILL CLEARS LEGISLATURE: The California State Assembly recently passed a bill that would allow employers to monitor e-mail communications of employees if monitoring is done pursuant to a pre-existing company policy. If enacted into law, the measure would prevent employers from reading their employees' communications on work e-mail addresses. The bill now awaits review by the state's Governor. See " E-Mail Monitoring <http://www.newsbytes.com/news/01/169603.html<; ." <mailto:renee.s.schor@bakernet.com< renee.s.schor@bakernet.com or <mailto:cynthia.jackson@bakernet.com< cynthia.l.jackson@bakernet.com Alert Date: 9/15/01 US - SKILLED LABOR SHORTAGE COULD THREATEN ECONOMIC PROSPERITY: According to a recent report by the Employment Policy Foundation, changes in the U.S. workforce are likely to create challenges for employers. The study, entitled "Building America's Workforce For The 21st Century," analyzes the current state of the American workforce and outlines obstacles that could lead to a decline in the pool of skilled workers in coming years. See " Future Labor And Skills Shortage Threatens America's Economic <http://www.epf.org/research/labordayreports/2001/LDRsummary2001.asp<; Prosperity." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 9/15/01 US - IMMIGRANT LEGALIZATION PROGRAM WOULD BOOST ECONOMY AND MEET EMPLOYERS FUTURE NEEDS: According to a recent study from the North American Integration and Development Center at the University of California, undocumented immigrants contribute about US$300 billion to the U.S. gross national product. The study also concluded that immigrants would be more productive if they were granted legal status. See " Comprehensive Migration Policy Reform In North America: The <http://naid.sppsr.ucla.edu/<; Key To Sustainable And Equitable Economic Integration." <mailto:betsy.morgan@bakernet.com< betsy.morgan@bakernet.com or <mailto:lynda.s.zengerle@bakernet.com< lynda.s.zengerle@bakernet.com Alert Date: 9/15/01 US - WORKERS FACE JOB CUTS WHILE CEO'S RECEIVE PAY HIKES: According to a recent compensation report, top executives continue to enjoy substantial pay raises while workers face the biggest wave of job cuts in ten years. In spite of the U.S. economic slowdown that followed after almost 10 years of rapid growth, firms continue to give healthy raises to chief executive officers. See " Executive Excess <nhttp://www.ips-dc.org/projects/execexcess2001.htm< 2001 Layoffs, Tax Rebates And The Gender Gap, Eighth Annual CEO Compensation Survey." <mailto:Kerry.a.weinger@bakernet.com< kerry.r.weinger@bakernet.com or <mailto:kevin.s.simon@bakernet.com< kevin.s.simon@bakernet.com Alert Date: 9/15/01 US - FIFTH CIRCUIT RULES STATES CAN BE SUED UNDER EPA: The U.S. Court of Appeals for the Fifth Circuit recently affirmed an award under the Equal Pay Act and Title VII of the Civil Rights Act of 1964 to a female biochemist who earned about US$20,000 less annually than a male counterpart. The University of Texas Health Science Center was ordered to pay back pay of $US$91,000 and compensatory damages of US$20,000. See " Siler-Khoder v. University Of Texas Health Science <http://www.ca5.uscourts.gov/opinions/pub/00/00-50092-cv0.htm< Center." <mailto:j.richar.hammett@bakernet.com< j.richard.hammett@bakernet.com or <mailto:laurence.e.stuart@bakernet.com< laurence.e.stuart@bakernet.com Alert Date: 9/15/01 US - NEW JERSEY CREATES NEW TAX ON EMPLOYERS AND EMPLOYEES: The State of New Jersey has recently imposed a tax to begin on January 1, 2002, where each worker and employer must contribute 0.0175% to the Supplemental Workforce Fund for Basic Skills. The proceeds from the Fund will be used to provide grants for basic skills training for qualified displaced, disadvantaged, and employed workers and for other individuals with learning disabilities or otherwise in need of vocational rehabilitation. See " NJ <http://www.state.nj.us/governor/news/p10716b.html<; Tax Law." <mailto:kerry.r.weinger@bakernet.com< kerry.r.weinger@bakernet.com or <mailto:william.l.schaller@bakernet.com< william.l.schaller@bakernet.com Alert Date: 9/15/01 US - JUDGE BLOCKS STATE FROM ENFORCING TEMP AGENCY LAW: A federal judge recently imposed an injunction on the state of Minnesota from limiting what temp-agencies may charge for workers they supply to nursing homes. The block means that Minnesota health-care providers may continue to accept temporary workers from any temp-agency, not just those registered with the state under the new law. See " Temp-Agency Law Blocked <http://www.startribune.com/stories/462/662369.html<; ." <mailto:mark.l.karasik@bakernet.com< mark.l.karasik@bakernet.com or <mailto:craig.r.annunziata@bakernet.com< craig.r.annunziata@bakernet.com Alert Date: 9/15/01 US - ACTIVISTS OPPOSE PLAN TO MONITOR COURT EMPLOYEES' NET USE: Electronic Frontier Foundation (EFF), a privacy and digital-rights advocacy group, recently began urging activists to rally against a proposal to monitor the Internet use of all federal judiciary employees. The EFF believes that judicial employees must be trusted to use computers, especially if they are being trusted to administer our courts. See " EFF Action Alert <http://eff.org/alerts/20010831_eff_judicial_monitoring_alert.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: 9/15/01 US - swapMOTIENT, TALK AMERICA TO LET WORKERS SWAP OPTIONS: Two Virginia telecommunications companies recently announced a plan to replace their stock options, which are trading for pennies, and give executives and employees an incentive to stay and a second chance to profit from any rebound in fortunes. The companies have offered to exchange employee stock options, one company for new stock and the other for newly priced options. See " Employee Stock Incentives <http://www.ne
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