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I am pleased to send you the October 1, 2001 web-based e-mail "Alert"
prepared by Baker & McKenzie's Global Labour, Employment & Employee Benefits Practice Group ("GLEEB"). The Alert's purpose is to provide our clients and friends with timely updates in a short "user friendly" fashion with hyperlinks to articles with more detailed information on employment law developments from around the world. The Alert is organized into six sections - Global, Asia Pacific, Europe, Africa/Middle East, South America, and North America. The Alert consists of short, one-paragraph "blurbs," organized by country and region. You can quickly scan the Alert for items of particular interest, and then click on the hyperlinks provided for each blurb for additional information. If you would like to be removed from my mailing list for the Baker &McKenzie Global Employment Law Alert, please type "REMOVE" in the subject line in a return email to me and I will take you off my email list. Please feel free to contact me should you have any questions. Jordan W. Cowman Board Certified, Labor & Employment Law Texas Board of Legal Specialization Baker & McKenzie 2001 Ross Avenue, Suite 2300 Dallas, Texas 75201 214/978-3015 214/978-3099 fax jordan.w.cowman@bakernet.com This email contains the October 1, 2001 Global Employment Law Alert! <http:\\www.bakernet.com\gel< Baker & McKenzie <http://www.bmck.com/gel/current.asp?submitbtn=Show+Alerts&area=calert< GLOBAL EMPLOYMENT LAW ALERT Baker Events Global Asia Pacific Europe & CIS Africa/Middle East South America North America Baker_EventsBaker Events top VISIT OUR GLOBAL EMPLOYMENT LAW ALERT WEB SITE: To access our Alert program, including current and past editions of the GEL Alert, please visit our dedicated web site at http://www.bakernet.com/gel. Readers can search the current GEL Alert by category, or access our complete archive search engine to review past GEL Alerts by topic, country, region, or date. In addition, readers can search our Knowledge Base (K-Base) for surveys, resources, and articles by members of our Global Labour, Employment & Employee Benefits Practice Group. Alert Date: 10/1/01 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: 10/1/01 ** - GEL ALERT HIGHLIGHTS: Employee Benefits: U.S. Court upholds law on domestic partner benefits. Employment Discrimination: U.S. EEOC urges tolerance toward Muslims and Arab-Americans in the workplace. Employment Litigation: U.S. Court refuses to dismiss Japanese slave labour case; Ford Motor Company avoids court supervision of lay-off plans. Immigration: U.S. immigration policy may change in the wake of terrorist attacks. Labour Abuses: ILO investigates alleged labour abuses in Myanmar; Starbucks subject to worldwide protests over alleged sweatshop conditions. Legislation: Canadian regulations on the reform of the Labour Board; Nigeria debates bill on prohibition of child trafficking. Privacy: Hong Kong expands cyber-police force; Study finds workers still guard telephone and e-mail privacy in the wake of terrorist attacks; European Commission posts comments on standard contract clauses for data transfers. Unions: South African unions attack privitisation; Columbian workers strike General Electric. Alert Date: 10/1/01 GlobalGlobal top ** - datatransfersEUROPEAN COMMISSION POSTS COMMENTS ON STANDARD CONTRACT CLAUSES FOR DATA TRANSFERS: The European Commission recently posted comments received on a series of proposed new contractual clauses for the transfer of personal data to data processors located in third countries. These issues are key to multinational employers operating in the European Union. See " EC <http://www.europa.eu.int/<; Comments." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:john.evanson@barkernet.com< john.evanson@barkernet.com Alert Date: 10/1/01 ** - AFL-CIO CALLS FOR CANCELLATION OF IMF AND WORLD BANK MEETING: On September 14, 2001, John J. Sweeny, President of the AFL-CIO, urged leaders of the World Bank and International Monetary Fund to cancel or postpone the annual meeting scheduled for Washington, D.C. at the beginning of October. He explained the AFL-CIO would not continue planning a peaceful mass protest for the meeting, as the organization's energies will be concentrating on relief efforts in which unions are involved. See " Statement On <http://www.aflcio.org/publ/press2001/pr0914.htm<; September IMF/World Bank Meeting." <mailto:william.r.watson@bakernet.com< william.r.watson@bakernet.com or <mailto:j.richard.hammett@bakernet.com< j.richard.hammett@bakernet.com Alert Date: 10/1/01 ** - INTERNATIONAL TRADE SECRETARIATS CONDEMN TERRORIST ATTACK: On September 14, 2001, the International Trade Secretariats released several statements expressing solidarity with U.S. workers concerning the terrorist attack on the United States. The International Trade Secretariats are some of the oldest trade union bodies in the world that unite workers by sectors of the economy. See " Secretariats <http://www.labourstart.org/its_statements.shtml< Statements." <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com or <mailto:brian.s.arbetter@bakernet.com< brian.s.arbetter@bakernet.com Alert Date: 10/1/01 ** - myanmarILO HIGH LEVEL TEAM DEPARTS FOR MYANMAR: On September 19, 2001, the International Labour Organisation (ILO) announced that a High Level Team departed Bangkok for Myanmar where it will spend three weeks investigating actions by the Myanmar Government concerning forced labour. This is the first time the ILO has had the opportunity to make its own direct assessment of the forced labour situation in Myanmar. See " ILO <http://www.ilo.org/public/english/bureau/inf/pr/2001/29.htm<; Assesses Forced Labour." <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:suriyong.tungsuwan@bakernet.com< suriyong.tungsuwan@bakernet.com Alert Date: 10/1/01 ** - EMPLOYERS SEEK CREATIVE SOLUTIONS TO AVOID LAY-OFFS: With the slow down in the global economy, many employers are facing the prospect of laying-off human capital. Some employers are engaging in creative efforts to avoid mass dismissals, including innovative cost reductions, across-the-board pay decreases in exchange for stock options, and shorter work weeks. See " Creative <http://www.bsr.org/resourcecenter/news/news_output_home.asp?from=h&topicid= 794< Solutions." <mailto:Christine.obrien@bakernet.com< christine.obrien@bakernet.com or <mailto:jorge.de.regil@bakernet.com< jorge.a.de.regil@bakernet.com Alert Date: 10/1/01 ** - LATIN AMERICAN AND CARIBBEAN ENERGY UNIONS OPPOSE PRIVATISATIONS: Leaders from energy worker unions in Latin America and the Caribbean convened at a recent Conference, and called for an immediate halt to privatisations and the adoption of policies to counter poverty, unemployment, and mass exclusion. See " Energy Unions <http://www.icem.org/update/upd2001/upd01-64.html< Oppose Privatisation." <mailto:neil.mcguinness@bakernet.com< neil.mcguinness@bakernet.com or <mailto:richard.d.tuschmann@bakernet.com< richard.d.tuschmann@bakernet.com Alert Date: 10/1/01 ** - starbucksSTARBUCKS SUBJECT TO WORLDWIDE PROTESTS: On September 17, 2001, environmental and social activists began staging protests at Starbucks coffee shops across the world in celebration of a "Frankenbuck$" Global Week of Action. The protests are part of an ongoing international campaign against Starbucks by a conglomeration of labour, consumer, environmental, and social activists. The most vocal group in this series of protests are consumers, who have criticized Starbucks for its use of genetically engineered ingredients in food and Starbucks' alleged use of sweatshop labour coffee suppliers. See " Organic <http://news.excite.com/news/pr/010917/wa-organic-consumers< Consumers Protest Starbucks." <mailto:gerald.l.maatman@bakernetcom< gerald.l.maatman@bakernet.com or <mailto:brian.s.arbetter@bakernet.com< brian.s.arbetter@bakernet.com Alert Date: 10/1/01 ** - EUROPEAN PRIVACY GROUPS LOBBY EUROPEAN UNION MINISTERS ON PRIVACY ISSUES: Seven European privacy and civil liberties groups have started lobbying European Union ministers to consider all varieties of privacy issues before hastening through anti-terrorist legislation that the groups claim could endanger the rights of individual Internet users. The privacy and civil liberties groups from Austria, Denmark, Germany, the Netherlands, and the United Kingdom are requesting European leaders to refrain from new and extended communications interception and lawful access powers for police forces and intelligence services. In whatever form any new proposals are enacted, business groups and multinational employers are sure to be impacted. See " Privacy <http://www.newsbytescom/news/01/170377.html<; Concerns." <mailto:john.evanson@bakernet.com< john.evanson@bakernet.com or <mailto:michael.j.wagner@bakernet.com< michael.j.wagner@bakernet.com Alert Date: 10/1/01 ** - COMMONWEALTH TRADE UNION EXTENDS SYMPATHY TO FALLEN COMRADES: On September 17, 2001, the Commonwealth Trade Union Council (CTUC) expressed its condolences to those who lost friends and families in the terrorist attacks on New York City and Washington, D.C. The CTUC spoke on behalf of its many members that do not have access to the internet, and pledged support to those efforts to make the world a more secure place for peace. The CTUC is an umbrella organization made up of hundreds of unions, representing over 30 million union members worldwide. See " Commonwealth <http://www.commonwealthtuc.org/cgi-bin/db.cgi?db=default&uid=default&ID=38& view_records=1< Trade Unionists' Message To AFL-CIO." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:brian.s.arbetter@bakernet.com< brian.s.arbetter@bakernet.com Alert Date: 10/1/01 ** - MEMBERS OF PSI AFFILIATES MISSING AT WTC TRAGEDY: Hundreds of members of Public Services International (PSI) affiliated unions are reported to be amongst those missing and presumed dead at the site of the World Trade Center and Pentagon tragedies that occurred on September 11, 2001. The PSI stated that a large number of emergency workers, building maintenance workers, as well as teachers, accountants, and federal government employees are still unaccounted for after the terrorist attacks. PSI, one of the world's largest union organizations, has established an international disaster fund for those families affected by the attacks. See " Members <http://www.world-psi.org/psi.nsf/07545e68a11263c0c1256873002db34e/0e1fc7f99 bafcca4c1256ac600287762?OpenDocument< Of PSI Affiliates Hurt In Terrorist Attacks." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com Alert Date: 10/1/01 ** - japaneseU.S. JUDGE DISMISSES SLAVE LABOUR CASES: On September 19, 2001, a federal judge in the United States ruled that thousands of former Filipino, Chinese, and Korean prisoners of war who claim that they were used as slave labour by Japanese companies during World War II may not sue for damages in U.S. courts. U.S. District Court Judge Vaughn Walker ruled that the Treaty of Peace signed by the United States and a multitude of other nations bars so-called slave labourers from seeking damages from Japanese companies for work that may have been tantamount to slave labour. The court decided that allowing the suits to carry on would "unsettle half a century of diplomacy." The judge ruled a year ago that Americans were barred from similar suits. See " Judge <http://dailynews.yahoo.com/h/nm/20010920/od/slavelabor_dc_2.html< Dismisses 11 Slave Labour Cases." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:cynthia.l.jackson@bakernet.com< cynthia.l.jackson@bakernet.com Alert Date: 10/1/01 ** - WITH AVIATION IN CRISIS, GLOBAL UNION ASSERTS THAT ONLY JOINT ACTION CAN SAVE IT NOW: On September 19, 2001, the International Transport Workers Federation (ITF) called for an unprecedented level of global cooperation to build a worldwide air security system and head off and industry-wide crisis. The statement stresses the need to work together and the importance of state aid. See " Aviation <http://www.itf.org.uk/media/releases/190901.htm<; Crisis." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:jorge.a.de.regil@bakernet.com< jorge.a.de.regil@bakernet.com Alert Date: 10/1/01 ** - DAY OF ACTION TO GO AHEAD FOR GLOBAL UNIONS: The International Confederation of Free Trade Unions (ICFTU) recently announced that preparations would continue for the global union's Day of Action scheduled for November 9, 2001. November 9 marks the date that unions and their members will be calling for a new globalisation at workplaces throughout the world. See " Global <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213349< Unions Days Of Action." <mailto:gunether.heckelmann@bakernet.com< gunether.heckelmann@bakernet.com or <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com Alert Date: 10/1/01 ** - INTERNATIONAL TRANSPORT UNION ARGUES THAT MARKET FORCES DO NOT PROVIDE FOR SAFE SKIES: On September 25, 2001, representatives of the International Transport Workers Federation (ITF) told the General Assembly of the International Civil Aviation Organisation that market forces have failed to provide "safe skies," an argument long made by industry officials. The ITF stated that the refrain from industry officials that the "least cost safe option" of having market forces provide for transportation safety has failed, and that the industry must now work with unions to develop new methods of dealing with terrorism. The ITF has pledged the support of its 600,000 worldwide airline workers to help achieve a fundamental reform of safety and security standards. See " ITF Statement On <http://www.itf.org.uk/media/releases/250901.htm<; Ending Air Terrorism." <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com Alert Date: 10/1/01 ** - INTERNATIONAL UNION PROTESTS AGAINST EU PORT REFORM PLANS: On September 25, 2001, port workers across Europe staged work stoppages to protest against proposed port reforms. The International Transport Workers Federation (ITF) has warned that measures in the proposed reform plans would "encourage shippers to demand lower tariffs and prices via unsafe working conditions, relaxed safety standards and the use of untrained personnel - leading to the creation of dangerous and sub-standard ports." The ITF has joined together with the UK Government, the Federation of European Private Port Operators, and the European Sea Port Organisation in opposing the reform plans. See " ITF Statement On <http://www.itforg.uk/media/releases/240901_2.htm< Europe's Docks." <mailto:nigel.moss@bakernet.com< nigel.moss@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 10/1/01 ** - DIRECTOR GENERAL OF THE WTO ADDRESSES ILO/ACTRAV SYMPOSIUM: On September 26, 2001, Mike Moore, WTO Director General, addressed an ILO/ACTRAV Symposium on strengthening worker participation in the United Nations System and the Bretton Woods Institutions. Trade unionists put special emphasis on making the WTO more responsive to the needs and demands of workers on issues such as labour standards, development, the future of health and education services, and the fight against AIDS. See " ITO/ACTRAV <http://www.icftu.org/displaydocument.asp?Language=EN&;Index=991213355< Symposium." <mailto:sewart.d.saxe@bakernet.com< sewart.d.saxe@bakernet.com or <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com Alert Date: 10/1/01 ** - MILESTONE IN CAMPAIGN AGAINST WORST FORMS OF CHILD LABOUR: On September 26, 2001, the International Labour Organisation (ILO) announced Estonia as the most recent member state to ratify its Convention on the Worst Forms of Child Labour. The treaty has been ratified by 100 members out of a possible 175, confirming that the world is moving at a record pace to ratify this international convention calling for immediate action to outlaw the worst forms of child labour. See " Convention <http://ilolex.ilo.ch:1567/scripts/convde.pl?query=C182&;query0=182&submit=Di splay< On The Worst Forms Of Child Labour" and " Milestone <http://www.ilo.org/public/english/bureau/inf/pr/2001/31.htm<; in Campaign." <mailto:william.r.watson@bakernet.com< william.r.watson@bakernet.com or <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com Alert Date: 10/1/01 Asia_PacificAsia Pacific top AU - PROTESTS AS ANSETT AIRLINE FAILS: Thousands of angry airline workers recently held protests after the collapse of Ansett, Australia's second largest carrier. Administrators for the airline spent two days trying to put together an emergency rescue package; however, the airline's huge debts and labour costs meant it had to be shut down immediately. See " Airline <http://news.bbc.co.uk/hi/english/business/newsid_1544000/1544692.stm< Falls Into Bankruptcy." <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com or <mailto:chris.oliver@bakernet.com< chris.oliver@bakernet.com Alert Date: 10/1/01 AU - STUDY SUGGESTS AUSTRALIAN COMPANIES NOT READY FOR PRIVACY: A recent study suggests that one-third of large Australian companies have not even begun to address their privacy readiness. As a new federal privacy law comes into effect on December 21, 2001, employers need to adopt privacy policies to avoid liability issues. See " Privacy In Australian <http://www.newsbytes.com/news/01/170195.html<; Workplaces." <mailto:mary.maher@bakernet.com< mary.maher@bakernet.com or <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com Alert Date: 10/1/01 AU - A DECADE OF LOW-PAYING JOBS: A recent study of workplace changes has revealed that Australia's entire net job growth for employees in the decade of the 1990's has been jobs paying less than AU$700 a week. See " Low-Paid <http://www.theage.com.au/news/national/2001/09/19/FFXIJW6LQRC.html<; Jobs." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:spiro.mellos@bakernet.com< spiro.mellos@bakernet.com Alert Date: 10/1/01 AU - REFUGEES REFUSE TO DEBARK IN NAURU: On September 21, 2001, more than 200 Iraqi and Palestinian refugees refused to go ashore on Nauru, as they are still determined to migrate to Australia. Australian Prime Minister John Howard turned away the boat as part of a crack down on people-smuggling rings that transport asylum seekers to Australia each year. See " Refugees <http://news.findlaw.com/ap_stories/i/1106/9-21-2001/20010921024958030html< Seek Asylum In Australia." <mailto:michael.nightingale@bakernetcom< michael.nightingale@bakernet.com or <mailto:chris.oliver@bakernet.com< chris.oliver@bakernet.com Alert Date: 10/1/01 AU - POLICE UNHAPPY WITH THEIR UNIONS: A recent survey concluded that 99% of New South Wales police officers are dissatisfied with the performance of their union. Most officers believe their organisation is inappropriately aligned to police administration and the State Government. See " Police <http://www.smh.com.au/news/0109/23/national/national3.html<; Unhappy With Unions." <mailto:paul.brown@bakernet.com< paul.brown@bakernet.com or <mailto:andrew.connolly@bakernet.com< andrew.connolly@bakernet.com Alert Date: 10/1/01 CN - cyberpoliceHONG KONG EXPANDS CYBER-POLICE FORCE: The Hong Kong police force has more than doubled the number of officers dedicated to technology and computer-related crimes. Hong Kong's Commercial Crime Bureau recently set up a new Technology Crime Division led by Senior Superintendent Ng Kam-wing. This development should be welcome news to employers wary of cyber-assaults. See " Cyber-Crime <http://www.newsbytes.com/news/01/170254.html<; Stoppers." <mailto:andreas.lauffs@bakernet.com< andreas.lauffs@bakernet.com or <mailto:paul.tan@bakernet.com< paul.tan@bakernet.com Alert Date: 10/1/01 IN - NO PRIVITASATION OF COAL INDUSTRY: On September 25, 2001, the Indian Government ruled out privatisation of nationalised coal mines and announced a series of measures to reform the industry. The government also sought to assure workers that amendments to the Coal Mines Nationalisation Act currently under consideration would not lead to privatisation of mines. See " Coal <http://economictimes.indiatimes.com/today/25infr04.htm<; Industry Workers." <mailto:narendra.acharya@bakernet.com< narendra.acharya@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 10/1/01 IN - CALL CENTER INDUSTRY EXPANSION: On September 25, 2001 India-based Cara Consultants announced that it entered into an alliance with U.S.-based certification agency, STI-Knowledge, to start an internationally recognized customer contact training and certification programme. The company hopes to add value to the fast-growing call center and helpdesk industry in India with the new alliance. Cara-STI Knowledge will provide training and certification to customer contract workers with a view to creating a new generation of trained and certified professionals. <mailto:narendra.acharya@bakernet.com< narendra.acharya@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 10/1/01 JP - JUDGE REFUSES TO DISMISS JAPANESE SLAVE LABOUR CASE: On September 18, 2001, a California state court judge refused to dismiss a lawsuit against a Japanese company brought by a man who alleged he was forced into slave labour during World War II. In attempting to dismiss the lawsuit, the defendants asserted that the Japanese Government made accords to deal with the slave labour claims, but the judge rejected this argument, stating that "no prior decision of any branch has approved of the defendant's actions," and no treaty ratified by the U.S. addressed the claims of the plaintiff. There are currently over two dozen cases alleging wartime slave labour in U.S. state courts, leading many to speculate that this decision may spur Japanese companies to settle these lawsuits. See " Judge <http://dailynews.yahoo.com/h/nm/20010918/od/slavelabor_dc_1.html< Won't Dismiss Slave Labor Case." <mailto:gerald.l.maatman@bakernet.com< gerald.l.maatman@bakernet.com or <mailto:hiroshi.kondo@bakernet.com< hiroshi.kondo@bakernet.com Alert Date: 10/1/01 NZ - UNIONS WARNED ABOUT ANSETT COLLAPSE: On September 16, 2001, recriminations over the Ansett collapse intensified as New Zealand Prime Minister Helen Clark said union boycotts in Australia threatened the survival of Air New Zealand. See " Air New <http://www.smh.com.au/news/0109/17/national/national14.html<; Zealand Survival Unsure." <mailto:meghan.e.bare@bakernet.com< meghan.e.bare@bakernet.com or <mailto:ian.dixon@bakernet.com< ian.dixon@bakernet.com Alert Date: 10/1/01 TH - THAILAND TO LAUNCH DRIVE TO REGISTER MIGRANT LABOUR: On September 24, 2001, Thailand's Government launched a campaign to register approximately 2 million illegal immigrants in an attempt to slow the tide of workers from Laos, Cambodia, and Myanmar. Employers predict the programme will fail because more time is needed for authorities to register so many people. See " Migrant <http://sg.news.yahoo.com/010923/3/1id4u.html<; Workers To Register." <mailto:asawin.sangchay@bakernet.com< asawin.sangchay@bakernet.com or <mailto:pilaipan.mekeratana@bakernet.com< pilaipan.mekeratana@bakernet.com Alert Date: 10/1/01 VN - JOB CUT IS LARGEST BY A FOREIGN INVESTOR: The US$199 million company, Fujitsu Computer Product of Vietnam (FCV), recently announced it would cut 500 Dong Nai province jobs as part of a worldwide staff reduction. The company was formerly glorified as the country's largest foreign-invested high-tech firm. See " FCV <http://www.bmck.com/gel/articles/Vietnam-Largest Job Cut by Foreign Investors.doc< Cuts Jobs." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:lanphuong.nguyen@bakernet.com< lanphuong.nguyen@bakernet.com Alert Date: 10/1/01 VN - VIETNAM RATIFIES UN PROTOCOLS ON CHILD RIGHTS: On September 11, 2001, Vietnam ratified two optional protocols of the U.N. Convention on the Rights of the Child, which attempt to stop various forms of child labour including the sale of children, child prostitution, child pornography, and the involvement of children in armed conflicts. Vietnamese Cabinet Minister Tran Thi Thanh said that the ratification is a reflection of Vietnam's efforts to "promote child protection and care in the country as well as its determination to implement the UN Convention on the Rights of the Child. Minister Thanh also stated that Vietnam will revise its current laws to implement the protocols. See " Vietnam <http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200109111903 47< Ratifies UN Protocols On The Rights Of The Child." <mailto:fred.burke@bakernet.com< fred.burke@bakernet.com or <mailto:oliver.massmann@bakernet.com< oliver.massmann@bakernet.com Alert Date: 10/1/01 Europe___CISEurope & CIS top BE - 10,000 JOIN PREACEFUL UNION PROTEST IN FAVOUR OF SOCIAL EUROPE: More than 10,000 trade unionists and anti-globalisation activists recently rallied ahead of a meeting of European Union (EU) finance ministers, calling for a more "social Europe." The European Trade Union Confederation called on the EU Finance Council to express their demands to protect European social model and public services, and to fight against financial speculation. See " Peaceful <http://www.annanova.com/business/story/am_404768.html< Protest." <mailto:francois.gabriel@bakernet.com< francois.gabriel@bakernet.com or <mailto:anne.laurent@bakernet.com< anne.laurent@bakernet.com Alert Date: 10/1/01 BE - SABENA SETS DEADLINE FOR UNION DEAL: On September 24, 2001, Belgian airline Sabena announced it would ask workers to vote on its recovery plan if unions did not accept the plan within 24 hours. Sabena's CEO offered the ultimatum after talks to reach a compromise on saving the airline failed to make headway. See " Sabena <http://dailynews.yahoo.com/h/ap/20010925/bs/belgium_sabena_2.html< Sets Deadline." <mailto:jef.slootmans@bakernet.com< jef.slootmans@bakernet.com or <mailto:pierre.sculier@bakernet.com< pierre.sculier@bakernet.com Alert Date: 10/1/01 DE - DEUTSCHE BA PILOTS THREATEN STRIKE: A representative from the pilots at British Airways PLC's German carrier Deutsche BA recently announced the pilots are threatening to strike in pursuit of wage claims. The union is demanding wage increases at least in line with inflation, plus holiday bonuses and premiums for pilots with long service in the company. See " Pilots <http://www.ananova.com/business/story/sm_391781.html< Threaten Strike." <mailto:andre.sayatz@bakernet.com< andre.sayatz@bakernet.com or <mailto:ulrike.moog@bakernet.com< ulrike.moog@bakernet.com Alert Date: 10/1/01 DE - SHAREHOLDERS IN NAZI POISON GAS MAKER BLOCK DISSOLUTION TO PAY SLAVE LABOURERS: On September 18, 2001, shareholders of a German chemical company that manufactured poison gas for use in Nazi death camps stopped attempts to dissolve the company to make payments for World War II slave labourers. The board of IG Farben refused to admit a motion that would have sold the assets with an estimated worth of US$10 million to pay for claims by former slave labourers. IG Farber has been attempting to settle a number of lawsuits involving these claims, but it has refused to contribute to a US$4.6 billion national compensation fund. See " Shareholders <http://news.excite.ca/news/ap/010917/20/int-germany-nazi-poison-gas< In Nazi Poison Gas Maker Refuse To Dissolve Firm To Compensate Slave Labourers." <mailto:guenther.heckelmann@bakernet.com< guenther.heckelmann@bakernet.com or <mailto:claudia.heins@bakernet.com< claudia.heins@bakernet.com Alert Date: 10/1/01 DE - NOTICE OF TERMINATION VIA E-MAIL IS VOID: The Labour Court of Frankfurt ruled recently that a notice of termination that was sent to the employee via e-mail is null and void, even if the signature of the employer was scanned into it. German statutory law provides that notice of termination must be given in writing, i.e., it must be signed in the original. See " E-mail <http://www.wdr.de/tv/recht/rechtneu/rn9901/rl02253.htm<; Notice." <mailto:jacqueline.piran@bakernet.com< jacqueline.piran@bakernet.com or <mailto:markus.kappenhagen@bakernet.com< markus.kappenhagen@bakernet.com Alert Date: 10/1/01 DE - THREAT OF SICK LEAVE JUSTIFIES TERMINATION FOR CAUSE: The Labour Court of Cologne recently ruled that an employee gives reason for a termination for cause if he threatens the employer that he will go on sick leave even though he is not ill. During a dispute with his superior, the employee in the case at issue announced that he would go on sick leave for at least three months. The following day he submitted a medical certificate, stating he had a tumor on his hand. The tumor, however, would not necessarily have kept the employee from working. The court therefore held that the employee's behaviour was clearly an attempt to "punish" the employer and that it therefore would justify a termination for cause. See " Threat Of <http://www.wdr.de/tv/recht/rechtneu/rn9901/rl02290.htm<; Sick Leave." <mailto:nina.cahlik@bakernet.com< nina.cahlik@bakernet.com or <mailto:bernhard.trappehl@bakernet.com< bernhard.trappehl@bakernet.com Alert Date: 10/1/01 DE - LONG-TERM ILLNESS JUSTIFIES CONSTRUCTIVE DISMISSAL: Under German law, an employee who is on long-term sick leave must accept a constructive dismissal, even if this implies a reduction of his or her salary. Due to eye problems, the employee could not work as driver any more and was on sick leave for more than one year. Therefore, the employer gave constructive dismissal to him and assigned him a new job as warehouseman, where the employee was paid less salary then before. The Labour Court of Frankfurt ruled that the employee had to accept the new job even though his new salary was lower than his previous salary. See " Constructive <http://focus.de/E/EG/EGA/EGAA/egaa.htm?sernr=1816&;zu2=0008&res=job< Dismissal." <mailto:gregor.dornbusch@bakernet.com< gregor.dornbusch@bakernet.com or <mailto:petra.hess@bakernet.com< petra.hess@bakernet.com Alert Date: 10/1/01 DE - EMPLOYER CANNOT CONTEST LABOUR AUTHORITY'S DECISION REGARDING DISABLITY STATUS: The District Social Court in Rhineland-Palatine recently ruled that an employer cannot contest a decision of the labour authority approving the disability status of an employee. Even though the employee is given special rights by such a decision, such as extended vacation claims and special termination protection, the employer must not contest the decision if it feels it was wrong. According to the District Social Court, the applicable disability law is meant to protect employees only but does not give any rights to the employer. See " Disability <http://focus.de/E/EG/EGA/EGAA/egaahtm?sernr=1826&;zu2=0009&res=job< Status." <mailto:alexander.wolf@bakernet.com< alexander.wolf@bakernet.com or <mailto:andre.sayaty.@bakernet.com< andre.sayaty.@bakernet.com Alert Date: 10/1/01 DE - SHOP AGREEMENTS DO NOT ALLWAYS SUPERSEDE EXPIRED COLLECTIVE BARGAINING AGREEMENTS: The German Federal Labour Court recently ruled on that in case of a transfer of business, shop agreements applicable to the buyer's company do not necessarily supersede other collective regulations applicable to the employees of the acquired company. In the respective case, the buyer acquired a company that was previously bound by a collective bargaining agreement that provided for annual extra payments. The buyer was not a member of the respective employers' association and therefore not bound by the respective collective bargaining agreement. The court ruled, however, the provisions of the collective bargaining agreement became part of the individual employment contracts of the employees in accordance with the German Civil Code. Since the acquired company was located in another city than the buyer's company, provisions of the collective bargaining agreement were also not superseded by shop agreements applicable to the buyer's company. According to the Court, these shop agreements are applicable only to the employees of the respective plant location but not to the employee of the acquired company. See " Transfer <http://bundesarbeitsgericht.de/<; of Business." <mailto:christian.reichel@bakernet.com< christian.reichel@bakernet.com or <mailto:ulrich.ziegler@bakernet.com< ulrich.ziegler@bakernet.com Alert Date: 10/1/01 FR - ALARMING INCREASE IN UNEMPLOYMENT IN FRANCE: Although the unemployment rate in France increased nearly 1.9% in July of 2001, the French Government recently indicated that it remains confident of the future and that "evolution perspectives for 2002 remain positive." "Growth should be higher than it is now," indicates the French Employment Ministry. These statistics are an indication that the non-stop increase in unemployment since May of 2001 requires a "reinforced mobilization of everybody." Indeed, as noted by the Ministry of Employment, France is affected by "the slow-down of economic activity," even if it is "less affected than its European partners." <mailto:Gilles.jolivet@bakernet.com< gilles.jolivet@bakernet.com or <mailto:sophie.cahen@bakernet.com< sophie.cahen@bakernet.com Alert Date: 10/1/01 FR - MANY DEAD AND INJURED IN FRENCH CHEMICAL DISASTER: On September 21, 2001, a fertiliser plan in Toulouse, France exploded, killing 15 people and injuring 200 people, 80 of whom are in very serious condition. Workers at the plant are from two chemical unions and are anxiously waiting to learn more information about the disaster. See " French Chemical <http://www.icem.org/update/upd2001/upd01-67.html< Disaster." <mailto:christine.lagarde@bakernet.com< christine.lagarde@bakernet.com or <mailto:denise.broussal@bakernet.com< denise.broussal@bakernet.com Alert Date: 10/1/01 FR - TRADE UNIONS TO SUE FRENCH EMPLOYERS OVER CHEMICAL PLANT EXPLOSION: On September 24, 2001, representatives of the International Federation of Chemical, Energy, Mine, and General Workers' Unions (ICEM) said they were going to bring a civil suit against French employers involved in an explosion at a chemical plant that left 29 dead and thousands injured. The unions have criticized the French company AZF for alleged negligence and poor safety standards. ICEM is calling for a full investigation of the incident to see if it was the result of a "widespread policy of cutting costs" in the chemical industry. See " French Unions <http://www.icem.org/update/upd2001/mupd01-68.html< Threaten Court Case Over Chemical Disaster." <mailto:gilles.jolivet@bakernet.com< gilles.jolivet@bakernet.com or <mailto:alexandre.jaurett@bakernet.com< alexandre.jaurett@bakernet.com Alert Date: 10/1/01 HU - HUNGARIAN EMPLOYMENT AT TEN YEAR LOW: On September 20, 2001, the Hungarian Employment Office reported that approximately 335,000 people were registered as unemployed at the end of August of 2001. The August unemployment figures are 18,000 lower than the same figures in July of 2001, and the lowest reported since 1991. The Hungarian Employment Office reported that figures showed that Budapest had a 2.4% unemployment rate in August of 2001. See " Jobless <http://www.budapestsun.com/full_story.asp?ArticleId={0F6AAFF8E8354E5D90BD56 63E5F95BDA}&From=Business< Figure At 10-Year Low." <mailto:geza.kajtar@bakernet.com< geza.kajtar@bakernet.com or <mailto:konrad.siegler@bakernet.com< konrad.siegler@bakernet.com Alert Date: 10/1/01 IE - IBEC SAYS FOCUS MUST BE ON COMPETITIVENESS: The Irish Business and Employers Confederation (IBEC) recently stated that the business impact of the atrocities in the U.S. will be very severe in Ireland. The IBEC stated that the focus in Ireland should be on sustaining competitiveness. Labour costs have grown faster in Ireland than in other countries and in the current economic state, this means lost markets and lost jobs. See " IBEC <http://www.ibec.ie/IBEC/press/PressPublicationsdoclib3.nsf/InternetSearch/F F6E6D2D8DB3FA1C80256AD10032E3A5?OpenDocument< Says Ireland Must Be Competitive." <mailto:Helena.derbyshire@bakernet.com< helena.derbyshire@bakernet.com or <mailto:charlotte.hutchinson@bakerent.com< charlotte.hutchinson@bakerent.com Alert Date: 10/1/01 IT - ALLEGED HUMAN RIGHTS VIOLATIONS REQUIRE A PUBLIC COMMISSION OF INQUIRY: Amnesty International recently renewed its call for the establishment of an independent and comprehensive commission of inquiry into allegations of human rights violations during the G-8 meeting in Italy relative to police operations and the conduct of law enforcement and prison officers in quelling labour unrest. See " AI <http://www.web.amnesty.org/web/news.nsf/WebAll/1E5FF56313D4D7DF80256ACB0056 5D8C?OpenDocument< Calls For Investigation." <mailto:franseco.adami@bakernet.com< franseco.adami@bakernet.com or <mailto:carrado.bartoli@bakernet.com< carrado.bartoli@bakernet.com Alert Date: 10/1/01 IT - POSTING OF EMPLOYEES THROUGHOUT EUROPEAN UNION MAY GIVE RISE TO PROBLEMS: Varying regulations and decrees affecting employment relationships in Italy have drawn attention to the problems involved in transferring or "posting" employees to other European Union Member States. The different employer obligations for social security and tax payments throughout the EU as well as the practice of "social dumping" has led many in Italy to call for the harmonization of these regulations. See " Italian <http://www.bmck.com/gel/articles/Italy - Employer Issues Re Posting in EU.doc< Employer Issues Regarding Posting Throughout The European Union." <mailto:Gianfranco.di.garbo@bakernet.com< gianfranco.di.garbo@bakernet.com or <mailto:francesco.adami@bakernet.com< francesco.adami@bakernet.com Alert Date: 10/1/01 NO - NORWEIGAN OIL WORKERS BACK AMERICAN WORKERS' RIGHT TO ORGANISE: Transocean Sedco Forex has recently walked out over a recent threat by America's Offshore Marine Service Association (OMSA) to boycott Norway's ports. OMSA is a group of U.S. companies that contract out shipping and other services to the offshore gas and oil industry. The boycott could result from the refusal to follow U.S. customs with respect to organised labor. See " Right <http://www.icem.org/update/upd2001/upd01-65.html< To Organise." <mailto:helen.davidson@bakernet.com< helen.davidson@bakernet.com or <mailto:johan.karlman@bakernet.com< johan.karlman@bakernet.com Alert Date: 10/1/01 UK - PUBLIC SECTOR WORKERS ATTACK CAPITAL'S PRICES: Firefighters, nurses, and teachers have recently attacked the low wages and high cost of housing they claim is forcing them to leave London. Workers argue that high priced housing is being built in the area and they simply cannot afford to live there anymore. See " Workers Underpaid, <http://www.ananova.com/news/story/sm_403518.html< Housing Overpriced." <mailto:michael.ingle@bakernet.com< michael.ingle@bakernet.com or <mailto:nigel.moss@bakernet.com< nigel.moss@bakernet.com Alert Date: 10/1/01 UK - LABOUR WOULD LOSE ONE QUARTER OF VOTERS OVER PRIVATISATION: A recent voter poll in the United Kingdom concluded that one in four Labour voters would desert the party if Prime Minister Blair proceeds with part-privatisation in schools and hospitals. The poll revealed the issue is now among the top six concerns of the electorate and working people. See " Voters Concerned <http://www.ananova.com/news/story/sm_394184.html< With Privatisation." <mailto:christine.obrien@bakernet.com< christine.obrien@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 10/1/01 UK - UNIONS CALL ON GOVERNMENT TO SAVE UK AIRLINE INDUSTRY: Leaders of the British Airline Pilots Association and the Trades Unions Congress Union recently have called on the UK Government to save Britain's airline industry from collapse after British Airways' announced the reduction of 7,000 jobs. See " Unions Seek <http://www.ananova.com/business/story/sm_403509.html< Government Aid." <mailto:marina.murray@bakernet.com< marina.murray@bakernet.com or <mailto:joanne.owers@bakernet.com< joanne.owers@bakernet.com Alert Date: 10/1/01 UK - PROTEST AT PRIVATE FINANCE PLAN: Nurses and hospital workers recently have been protesting plans for one of the UK's largest private finance initiatives (PFI) outside a major London hospital. Unions oppose the PFI because they claim the terms and conditions of employment will worsen. See " Private <http://news.bbc.co.uk/hi/english/uk/newsid_1552000/1552194.stm< Finance Initiatives In UK." <mailto:robert.west@bakernet.com< robert.west@bakernet.com or <mailto:david.lipworth@bakernet.com< david.lipworth@bakernet.com Alert Date: 10/1/01 UK - UNIONS FEAR MINIMUM WAGE WILL BE A CAUSALTY OF THE WAR ON TERRORISM: Unions recently have raised concerns that low-paid workers in the United Kingdom could face a squeeze on their income, mainly as a result of the anticipated response to the U.S. terrorist attacks. It is reported that businesses are lobbying the UK government to postpone a scheduled increase of the national minimum wage until April of 2002 because of the current uncertainty in the economy. See " Unions Fear No <http://www.annanova.com/news/story/sm_405661.html< Wage Increase." <mailto:jeanette.holland@bakernet.com< jeanette.holland@bakernet.com or <mailto:ana-maria.mills@bakernet.com< ana-maria.mills@bakernet.com Alert Date: 10/1/01 UK - FORD ASSERTS THAT ITS MATERNITY DEAL IS BEST IN UK: On September 24, 2001, Ford Motor Company announced a new maternity pay offer, claiming it is the best in Britain. The car manufacturer's female employees in Britain will qualify for 100% of their basic pay throughout maternity leave of up to 40 weeks. See " Ford <http://www.guardian.co.uk/business/story/0,3604,557654,00.html<; Offers Best Maternity Deal." <mailto:michael.ingle@bakernet.com< michael.ingle@bakernet.com or <mailto:ellen.temperton@bakernet.com< ellen.temperton@bakernet.com Alert Date: 10/1/01 UK - TAXING TIMES MAY BE OVER FOR EXECUTIVE DIRECTORS: A recent High Court decision confirmed executive directors of companies are more likely to provide the benefit of their expertise as non-executive directors, without tax-related penalties being imposed on payments received from the company's occupational pension arrangement. See " Director <http://www.bmck.com/gel/articles/UK- Taxing Time for Executive Directors.doc< Benefits." <mailto:robin.simmons@bakernet.com< robin.simmons@bakernet.com or <mailto:jenny.andrews@bakernet.com< jenny.andrews@bakernet.com Alert Date: 10/1/01 UK - STAKEHOLDER PENSION PLANS: Employers recently have been required to establish stakeholder pension plans for "relevant employees." The requirements may apply to an employer that employs individuals in the UK, whether that employer is UK-based or a multinational. These stakeholder plans are intended to be an economical form of personal pension plan targeted at low to middle income earners so as to encourage more people to save for their old age. See " Pension <http://www.bmck.com/gel/articles/UK- Stakeholder Pension Schemes.doc< Plans." <mailto:chantal.thompson@bakernet.com< chantal.thompson@bakernet.com or <mailto:sue.tye@bakernet.com< sue.tye@bakernet.com Alert Date: 10/1/01 Africa_Middle_EastAfrica/Middle East top IL - DECREASE IN SALARIED EMPLOYEES BELONGING TO UNIONS: According to a recent study by the Manpower Planning Authority, the percentage of salaried workers in Israel who currently belong to a labour union has dropped to 45%, compared to 85% in the 1980's. See " Salaried <http://www.haaretzdaily.com/hasen/pages/ShArt.jhtml?itemNo=77263&;sw=union< Union Members Decreases In Last Decade." <mailto:samir.hamza@bakernet.com< samir.hamza@bakernet.com or <mailto:hazim.rizkana@bakernet.com< hazim.rizkana@bakernet.com Alert Date: 10/1/01 KE - CIVIL SERVANTS THREATEN LAWSUIT AGAINST KENYA: On September 22, 2001, retrenched civil servants in Kenya threatened to sue the Kenyan Government, alleging that they were unlawfully terminated. Legal representatives plan to bring their case before the Kenyan High Court after Kenyan Attorney-General Amos Wako refused to reply to an inquiry by a lawyer for the dismissed civil servants. The former civil servants allege that the dismissals were given without adequate notice, were discriminatory, and have crippled many of them financially. See " Laid-Off Civil <http://allafrica.com/stories/200109220060.html<; Servants Threaten To Sue State." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 NG - RESIDENT DOCTORS BEGIN ANOTHER STRIKE: The National Association of Resident Doctors (NARD) recently announced that notice of a strike had been communicated to the Nigerian Minister of Health. The strike follows an agreement made in June of 2001 between the government and doctors. The doctors claim the government has not lived up to its end of the deal and have no option but to strike. See " Doctors Ready For <http://allafrica.com/stories/200109240037.html<; Strike." <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 10/1/01 NG - nigeriaNIGERIA DEALING WITH WOMEN AND CHILD TRAFFICKING: On September 21, 2001, a Nigerian Presidential committee reported that over 200 victims of human traffickers have been returned to Nigeria within the last month. Nigerian President Olusegun Obasanjo created the Presidential Committee on Human Trafficking and Child Labour upon learning of the human trafficking epidemic in Nigeria. The committee, which is supporting the passage of a bill that would deal with the practice of trafficking of women and children, has reported that since the establishment of the committee 262 additional Nigerian victims of human traffickers have been repatriated. See " Bill On Child <http://allafrica.com/stories/200109210008.html<; Trafficking And Labour." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 PK - PAKISTAN LABOUR LEADERS SUPPORT GOVERNMENT: On September 24, 2001, the Pakistan Federation of Trade Unions released a statement through the Pakistan Workers Confederation (PWC) in which leaders expressed their solidarity with the Pakistani government's policy and stance regarding the fight against terrorism. Labour representatives offered their full support and pledged to contribute their part in motivating the working class to safeguard the country's interests. See " PWC <http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1478< Supports Government." <mailto:ljor.novikov@bakernet.com< ljor.novikov@bakernet.com or <mailto:mariya.zikeyeva@bakernet.com< mariya.zikeyeva@bakernet.com Alert Date: 10/1/01 TG - CHILD SLAVES RETURNED TO TOGO: A group of children suspected to be victims of child labour trafficking recently have been returned home to Togo after being rescued from a sinking ship. Officials estimate that trafficking of approximately 200,000 children occurs each year in West and Central Africa, and often involves human smugglers who purchase children for about US$40.00. See " Children <http://bbc.co.uk/hi/english/world/africa/newsid_1560000/1560392.stm< Returned." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 ZA - AIDS EXPECTED TO CLAIM MORE THAN 10 MILLIONS SOUTHERN AFRICANS BY 2015: Researchers recently warned that African economies could be devastated by 10 millions AIDS-related deaths predicted for southern Africa over the next 15 years. The African Eye News Service has already reported that crucial human development projects were already suffering as a result of the drain on financial and workforce resources in Africa. See " AIDS To Effect <http://allafrica.com/stories/200109070354.html<; Economies." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 ZA - US$15 MILLION GRANT FOR DEVELOPMENT PROJECT: On September 13, 2001, the World Bank approved grant funding worth US$15.24 million to South Africa and Lesotho for a five-year cross border development project. The project will finance labour opportunities based on natural and cultural resources. See " Grant For <http://allafrica.com/stories/printable/200109170078.html<; Development Project." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 ZA - southafricaSACP REITERATES DEDICATION TO FIGHTING PRIVATISATION: On September 16, 2001, the South African Communist Party (SACP) announced it would continue its fight against privatisation. The committee will continue to mobilise workers against the government's privatisation programme. See " SACP <http://www.anc.org.za/anc/newsbrief/2001/news0208.txt<; Continues To Fight Privatisation." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 ZA - FARMERS URGED TO FORM UNIONS: On September 14, 2001, South African Labour Minister Membathisi Mdladlana challenged the trade union movement to stop complaining about a proposed minimum wage for farmers and begin organising unions in the agricultural sector. He said unions would ensure that farmers make more than the proposed wage. See " Farmers <http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i d=ct20010916184020727N2165727&set_id=60< Need For Organisation." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 ZA - TIRE AND RUBBER STRIKE ENDS: On September 18, 2001, the National Union of Metalworkers of South Africa reported that some 6,000 workers returned to work, ending a four-week strike in the tire and rubber industry. The workers are calling the strike a "resounding victory." See " Strike <http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1440< Is Unqualified Success." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 ZA - REGIONAL FARM WORKERS SEEK LEGAL PROTECTION: Representatives from the South African Development Community (SADC) farm workers organisation announced recently they were concerned about being left out in the land redistribution exercise and being denied citizenship by local governments. The SADC seeks legislation that will protect workers living in commercial farming areas. See " Farmer <http://www.dailynews.co.zw/daily/2001/September/September24/1440.html<; Workers Seek Protection." <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com or <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com Alert Date: 10/1/01 ZA - STATE ATTORNEYS SUSPEND STRIKE ACTION: On September 25, 2001, state attorneys in South Africa returned to work; however, they have not abandoned their strike. The Public Service Association advisor announced the attorneys have suspended their strike, answering a request to begin formal negotiations with a delegation from the state attorney's union. See " Strike <http://www.iol.co.za/html/frame_news.php?click_id=594&art_id=ct200109241955 07756A365451< Suspended." <mailto:william.j.dorsey@bakernet.com< william.jdorsey@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 10/1/01 ZA - COUNCIL TOLD TO PAY DISMISSED WORKERS: The Commission for Conciliation, Mediation and Arbitration recently ordered the King Sabata Dalindyebo Council to pay contract employees who were dismissed. The Commission ruled the employees were unfairly dismissed; therefore, they are entitled to five-and-a-half years' salary. See " Dismissed <http://www.dispatch.co.za/2001/09/26/easterncape/CCOUNCIL.HTM<; Workers Compensated." <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 10/1/01 ZA - SOUTH AFRICAN UNEMPLOYMENT RATE AT 26.4%: On September 25, 2001, Statistics South Africa (StatsSA) reported that South Africa's unemployment rate has dropped slightly from last year. The Labour Force Survey countered the StatsSA finding and attributed the decrease in employment rate to a sampling error. The findings of both surveys indicate that 4.24 million people are jobless out of a total economically active population of 16.1 million. See " South <http://www.news24.co.za/News24/Finance/Economy/0,4186,2-8-25_1085142,00.htm l< African Unemployment Rate." <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 10/1/01 ZA - MEETING TO AVOID STRIKE OVER WAGES: On September 26, 2001, representatives from twelve public sector unions and South African Government officials met in an attempt to resolve a wage dispute. Sources in the Government and trade unions are optimistic that the month long dispute will be settled. See " Officials <http://www.allafrica.com/stories/printable/200109260206.html<; Meet To Avoid Strike." <mailto:william.j.dorsey@bakernet.com< william.j.dorsey@bakernet.com or <mailto:andrew.j.boling@bakernet.com< andrew.j.boling@bakernet.com Alert Date: 10/1/01 South_AmericaSouth America top CL - LANCHILE DISMISSES 73 PILOTS: On September 14, 2001, LanChile S.A. dismissed 73 of the 400 pilots from the LanChile Pilot Union as a result of increased departure and arrival delays and medical leave requests. The company has decided to take legal action against some pilots in the union, including those who were dismissed, for breach of their employment contracts. See " LanChile <http://biz.yahoo.com/bw/010914/142255_1.html< Dismisses Pilots." <mailto:vicente.eguiguren@bakernet.com< vicente.eguiguren@bakernet.com or <mailto:fernando.saenz@bakernet.com< fernando.saenz@bakernet.com Alert Date: 10/1/01 CL - columbiaGE WORKERS BEGIN STRIKE: The union representing General Electric-Chile workers recently began strike action after seven months of collective bargaining failed. The members of the Coordinated Bargaining Committee of GE Unions in the U.S. have pledged their support in the struggle for a fair and equitable settlement. See " GE <http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1439< - Chile On Strike." <mailto:ricardo.ovalle@bakernet.com< ricardo.ovalle@bakernet.com or <mailto:ignacio.garcia@bakernet.com< ignacio.garcia@bakernet.com Alert Date: 10/1/01 CO - UNION ACTIVISTS CLAIM THAT U.S. FUELS COLOMBIA'S WAR AGAINST UNION: On September 15, 2001, labor activists issued a report that alleged that U.S. aid to the Colombian armed forces has indirectly supported a rash of violence against the labour movement in Colombia. The report states that Colombia is the third largest recipient of foreign aid from the U.S., and claims that US$1 billion in almost pure military assistance has been directed against the "critics of the Colombian social and economic order." The report also asserts that more unionists are killed in Colombia than anywhere else in the world. See " Unionists <http://www.labornotes.org/archives/2001/0901/0901b.html<; Claim That US Fuels Colombia's Dirty War Against Unions." <mailto:antonio.duarte@bakernet.com< antonio.duarte@bakernet.com or <mailto:brian.s.arbetter@bakernet.com< brian.s.arbetter@bakernet.com Alert Date: 10/1/01 North_AmericaNorth America top CA - CANADIAN CONTRACTS IN SECOND QUARTER HAD 2.9 PERCENT AVERAGE ANNUAL WAGE HIKE: On September 18, 2001, Human Resources Development Canada reported that major collective agreements in Canada during July of 2001 produced an average annual wage increase of 2.9 percent, unchanged from the June average. See " Human Resources <http://www.hrdc-drhc.gc.ca/menu/jobs.shtml< Development Canada." <mailto:david.t.cote@bakernet.com< david.t.cote@bakernet.com or <mailto:allan.h.turnbull@bakernet.com< allan.h.turnbull@bakernet.com Alert Date: 10/1/01 CA - labourboardNEW REGULATIONS PROPOSED TO REFORM CANADIAN LABOUR BOARD: On September 15, 2001, the Canada Industrial Relations Board (CIRB) proposed a new series of regulations intended to reform the dispute resolution process for federally regulated employers and workers throughout Canada. The proposed regulations outline how the CIRB will deal with new applications and suggest methods to make the CIRB more modern and efficient. The Canadian Labour Code covers almost one million employees in such sectors as transportation, telecommunications, banking, and grain handling industries. See " Canada <http://canada.gc.ca/gazette/part1/pdf/g1-13537.pdf< Gazette." <mailto:david.t.cote@bakernet.com< david.t.cote@bakernet.com or <mailto:stewart.d.saxe@bakernet.com< stewart.d.saxe@bakernet.com Alert Date: 10/1/01 MX - NEGOTIATIONS END WITHOUT WAGE DEAL FOR MEXICANA FLIGHT ATTENDANTS: On September 14, 2001, negotiations between Mexicana de Aviacion and the flight attendants union ended without a wage deal, with both sides reaching an impasse over the amount of the wage hike. Mexicana de Aviacion offered a wage hike of 5.8%, but the flight attendants' union demanded a minimum of a 10.5% rise in wages. Mexico's second largest airline hopes to resolve the issue with the trade union which represents their entire staff of 1,500 flight attendants. See " No Wage Deal <http://biz.yahoo.com/rf/010914/n14230580_1.html< Between Mexicana, Flight Attendants." <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: 10/1/01 US - domesticNINTH CIRCUIT UPHOLDS DOMESTIC PARTNER LAW: On September 11, 2001, the U.S. Court of Appeals for the Ninth Circuit ruled that San Francisco's domestic partner benefits ordinance is not pre-empted by either the Airline Deregulation Act or the Railway Act. See " Air <http://www.ca9.uscourts.gov/ca9/newopinions.nsf/A2491269CDA0A17A88256AC4000 421E5/$file/9916391.pdf?openelement< Transport Association v. City And County Of San Francisco." <mailto:cynthia.l.jackson@bakernet.com< cynthia.l.jackson@bakernet.com or <mailto:susan.f.eandi@bakernet.com< susan.f.eandi@bakernet.com Alert Date: 10/1/01 US - RAILROAD CONDUCTOR'S ADA CLAIM UNDERCUT BY USE OF CONTRACTUALLY GUARANTEED LEAVE: The U.S. Court of Appeals for the Eight Circuit recently upheld the reversal of a railroad conductor's US$620,000 disabilities discrimination verdict, finding that the conductor's high absenteeism rate prevented him from performing the essential functions of his job. See " Pickens. <http://caselaw.lp.findlaw.com/data2/circs/8th/001497p.pdf<; V. Soo Line R.R. Co." <mailto:edward.d.burmeister@bakenet.com< edward.d.burmeister@bakenet.com or <mailto:j.michael.goulding@bakernet.com< j.michael.goulding@bakernet.com Alert Date: 10/1/01 US - THREE SENTENCED IN SCHEME TO HIRE UNDOCUMENTED WORKERS TO REMOVE ASBESTOS: The U.S. District Court for the Eastern District of Tennessee recently sentenced three executives of a contract labor firm on several felony charges arising from a scheme to hire undocumented workers to remove asbestos. See " Department Of <http://www.usdoj.gov/opa/pr/2001/August/431enrd.htm<; Justice Press Release." <mailto:mark.l.karasik@bakernet.com< mark.l.karasik@bakernet.com or <mailto:john.m.murphy@bakernet.com< john.m.murphy@bakernet.com Alert Date: 10/1/01 US - CONCERN OVER HEALTH AND SAFETY FOUND IN NURSE'S ASSOCIATION SURVEY: A recent study by the American Nurses Association indicated that more than 70% of registered nurses cited acute and chronic effects of stress and overwork as one of their top three health and safety concerns. Along with stress, the top three health and safety concerns included disabling back injuries and contracting HIV or hepatitis from a needlestick injury. See " ANA Concern Over <http://www.ana.org/pressrel/2001/pr0907b.htm<; Health And Safety." <mailto:abby.b.silverman@bakernet.com< abby.b.silverman@bakernet.com or <mailto:renee.s.schor@bakernet.com< renee.s.schor@bakernet.com Alert Date: 10/1/01 US - AARP PROGRAM RECOGNIZES EMPLOYERS FOR EXEMPLARY POLICIES FOR OLDER WORKERS: On September 11, 2001, the American Association of Retired Peoples (AARP) recognized 11 employers for their practices related to older workers. These companies were highlighted for polices such as improved health benefits for retired employees, flexible work schedules, mentoring programs, and successful recruiting of older workers. See " AARP Recognizes <http://www.aarp.org/press/2001/nr091101.html<; Exemplary Policies." <mailto:gina.l.knight@bakernet.com< gina.l.knight@bakernet.com or <mailto:peter.j.gillespie@bakernet.com< peter.j.gillespie@bakernet.com Alert Date: 10/1/01 US - JUDGE DECERTIFIES 160 MEMBER CLASS ACTION IN AGE BIAS CASE AGAINST FIRST UNION: A federal judge in Miami, Florida recently decertified a class of 160 plaintiffs who in 1994 filed an age discrimination suit against First Union Corporation. The order was based on a ruling by the U.S. Court of Appeals for the Eleventh Circuit in May of 2001 that held the trial court failed to set time parameters governing who could join the lawsuit and that some plaintiffs could not rely on charges filed by their colleagues. See " Stone v. First <http://www.bmck.com/gel/articles/firstunioncorp.pdf<; Union Corp. Opinion." <mailto:neil.mcguinness@bakernetcom< neil.mcguinness@bakernet.com or <mailto:nina.q.rose@bakernet.com< nina.q.rose@bakernet.com Alert Date: 10/1/01 US - AVERAGE PAY ROSE 5.9 PERCENT IN 2000 WITH GAINS IN ALL STATES: The U.S. Department of Labor recently released statistics concluding that the average annual pay of U.S. workers climbed 5.9% in 2000 to US$35,296 with all states reporting. See " Annual Pay By State <http://www.bls.gov/news.release/annpay.nr0.htm<; And Industry." <mailto:brian.s.arbetter@bakernet.com< brian.s.arbetter@bakernet.com or <mailto:lisa.s.brogan@bakernet.com< lisa.s.brogan@bakernet.com Alert Date: 10/1/01 US - JOBLESS CLAIMS INCREASE BY 21,000: On September 13, 2001, the U.S. Department of Labor's Employment and Training Administration released figures concluding that initial claims filed with state agencies for unemployment insurance benefits increased by 21,000 to a total of 431,000 for the week ending September 8, 2001. See " Weekly <http://www.dol.gov/opa/media/press/eta/ui/eta2001302.htm<; Claims Report." <mailto:william.l.schaller@bakernet.com< william.l.schaller@bakernet.com or <mailto:narendra.acharya@bakernet.com< narendra.acharya@bakernet.com Alert Date: 10/1/01 US - muslimsHEAD OF EEOC URGES TOLERANCE TOWARD MUSLIMS AND ARAB-AMERICANS IN THE WAKE OF THE SEPTEMBER 11 ATTACKS: The Chair of the U.S. Equal Employment Opportunity Commission (EEOC), Cari Dominguez, recently encouraged employers to guard against a backlash in the workplace against Muslims and Arab-Americans in light of the recent terrorist attacks in the U.S. on September 11, 2001. Dominguez urged employers to reiterate to employees their policies against harassment based on religion, national origin, and ethnicity. " September 11 Attack <http://www.eeoc.gov/press/9-14-01.html< ." <mailto:richard.tuschman@bakernet.com< richard.tuschman@bakernet.com or <mailto:frank.henry@bakernet.com< frank.henry@bakernet.com Alert Date: 10/1/01 US - LEGAL PROTECTIONS FOR RESERVISTS NOW RELEVANT TO EMPLOYERS: On September 17, 2001, President Bush announced plans to call up 35,000 military reservists to active duty in response to the recent terrorist attacks against the United States. All U.S. employers therefore need to be aware of the provisions of The Uniformed Services Employment and Reemployment Rights Act ( USERRA <http://www.msnbc.com/news/627028_asp.htm< ), a federal law that prohibits discrimination against persons because of their service in the Armed Forces, the Army National Guard, the Air National Guard, the commissioned corps of the Public Health Service, and other categories of persons designated by the President in time of war or national emergency. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual's membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the ri
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