International Labor & Employment Law Committee Newsletter

Section of Labor and Employment Law
Phone: (312) 988-5813
Fax: (312) 988-5814

International Labor & Employment Law Committee Newsletter

Issue: May 2013

Editor: Tim Darby | Africa and Middle East Editor: Karen Seigel | Asia and Oceania Editor: Ute Krudewagen | Canada Editor: Gilles Touchette | European Editor: Paul Callaghan | Latin America Editor: Juan Carlos Varela | Law Student Editor: Irene Lehne, Earle Mack School of Law at Drexel University | USA: Trent Sutton



Draft Rules on Business Immigration Issued


Landmark European Court of Justice Decision Validates Redundancy Social Selection Plans and Severance Payment Formulas in Germany Except as Regards Effect on Disabled Individuals


Dismissal on Grounds of Misconduct Is Improper Without Documentary Proof to Show Departmental Enquiry Was Lawfully Conducted

Law on Prevention of Sexual Harassment at the Workplace Enacted

Management Need Not Initiate Enquiry for the Termination of a Probationer

Departmental Enquiry Will be Erroneous if Charges Alleged Against the Employee Are Vague and Uncertain

Disciplinary Enquiry May Be Renewed Against an Employee After His Retirement, Only Where Specifically Authorized Under the Terms and Conditions of Service

ESOP Regulations: Deadline Extended for Adhering to Recent Restrictions on Schemes Involving Securities of the Company


Executives Can Be Terminated Without Any Reason Being Given as Long as One Is Provided During Litigation, Supreme Court Rules

South Korea

Mandatory Minimum Retirement Age Set at 60 by Amendment to Age Discrimination Statute

Corporate Exposure and Job Losses Seen Resulting from Burgeoning Litigation Following Supreme Court Ruling Including Fixed Bonuses in Definition of Ordinary Wages


Significant Amendments Proposed to the Labor Safety and Health Act


New Labor Code Changes Requirements for Entering into a Labor Contract

Directory of National and International Labor and Employment Law Associations

As a service to its members and to the legal community at large, the Committee has compiled an international directory of specialty bar associations for labor and employment. With the global reach of the practice of law that has developed, the Committee believes that centralized information will be of assistance to our colleagues in many ways, including the provision of information on membership criteria and continuing legal education program schedules. Information is provided by the listed associations. The Directory link appears on the International Committee home page. Committee members are encouraged to solicit information for additional entries from bar associations they may be aware of that are not yet listed. Information can be emailed to Donavan Vicha at the ABA.

Committee News:

2013 Committee Midyear Meeting Report

2014 Committee Midyear Meeting will be held in Tel Aviv, Israel

Committee Programs at Annual Section Conference, New Orleans, Louisiana, November 2013

Discussion at ABA Annual Meeting in San Francisco



Please encourage foreign attorneys you work with to consider joining the ABA and the Section if they are not now members, and to attend the committee's midyear meeting and/or other Section meetings, including the Section's annual CLE Conference and the ABA Annual Meeting. Information on associate membership for foreign attorneys is available online.

Section membership is open to all regular, associate and law student members of the ABA. Annual dues are $45 for ABA Lawyer and Associate members and free for ABA Law Student Division members.

The benefits of membership include committee participation, publications, CLE, government contacts, networking and more.

Join the Section
Visit International Committee Webpage


June 20-22

Imagining New Employment Relations and New Solidarities

10th European Conference of the International Labor and Employment Relations Association (ILERA)

Amsterdam, The Netherlands


ISLSSL Western Hemisphere Congress

Guayaquil, Ecuador

Sep. 3-5

Conference on the state of work and interpretations of work, employment, society and the state

British Sociological Association and the Work, Employment and Society Editorial Board

A postgraduate workshop will precede the conference on September 2. The conference has an international focus and although it is sociologically oriented, contributions from related fields are welcome.

University of Warwick, Warwick, England

Further information: email.

Transatlantic Employment Law Conference Planned for London, October 7, 2013

The Committee has again been invited by the English Lawyers Association (ELA) to participate in a Transatlantic Employment Law Conference. The program will be held in late September or early October 2013, pending approval of the ABA Board of Governors. Non-U.S. residents can register with this link.

This program follows two very successful comparative law conferences that the Committee and ELA conducted in 2009 and 2011. The focus again will be on a range of employment law issues of interest to private practitioners representing employees and employers as well as in-house counsel of multinational corporations. The conference will consist of a series of panels with U.S and U.K. lawyers addressing key employment issues.

Anyone interested in attending or participating in the conference should contact the U.S. co-chairs, Gary Siniscalco or Wayne Outten, for further details.


European Regional Congress, International Society for Labor and Social Security Law

Dublin, Ireland


World Congress, International Society for Labor and Social Security Law

Capetown, South Africa

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American Bar Association Section of Labor and Employment Law
321 N Clark | Chicago, IL 60654 | (312) 988-5813