International Labor & Employment Law Committee Newsletter

Section of Labor and Employment Law
Phone: (312) 988-5813
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International Labor & Employment Law Committee Newsletter

Issue: July 2012

Editor: Tim Darby
European Editor: Paul Callaghan | Canada Editor: Gilles Touchette
Asia and Oceania Editor: Ute Krudewagen

ARTICLES

Australia

New Dad and Partner Paid Leave Takes Effect in 2013

China

New Regulations Issued after Occupational Disease Law Is Amended

Regulations Protecting Female Employees Strengthened

Fourth Draft Opinion on Handling of Employment Disputes Issued by Supreme People's Court

Failure to Follow Offer Letter with Promised Written Employment Contract Leads to Court-Ordered Penalty

First Comprehensive Law on Employment of Foreign Nationals Approved

Draft of Restrictions to Labor Dispatch Practices under Labor Contract Law Reviewed

France

Companies Do Not Have to Offer a Job Outside France to an Employee That Does Not Speak the Language of the Country Concerned

Naming a Folder in a Computer "My File" Is Insufficient to Invoke Employee Privacy Protections

Sexual Harassment Criminal Code Provision Repealed for Vagueness

A Job Saving Plan Cannot Be Cancelled for Lack of Economic Reasons for the Job Reductions

India

Provident Fund Payments Have Priority in Company Liquidations over Secured Creditors and Other Payments Due to Employees

Expatriates in India Contributing to Social Security Plan in Another Country and Covered by Bilateral Economic Agreement with India Now Recognized as Exempt from Social Security Contributions in India

COMMITTEE NEWS

Transatlantic Employment Law Conference Being Planned for London Fall 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.

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.

Midwinter Papers

Always use this short url to find papers from the most recent Midwinter Meeting of the International Labor and Employment Law Committee: ambar.org/intpapers

JOINING THE SECTION OR COMMITTEE

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

PROGRAM CALENDAR 2012

August 3

ABA Annual Meeting in Chicago
8:00-10:30 a.m.
Fairmont Hotel, Ambassador Room, 2nd Level

The ABA International Labor and Employment Law Committee will have a business meeting for attendees at the ABA Annual Meeting. This session will provide an update on Committee's programs and publications and will serve as a networking opportunity to learn more about the Committee's functions and plans, including a discussion of proposed topics for the 2013 Midyear Meeting in Rome. In addition, information on significant developments in the international labor and employment law arena will be addressed.

Highlights include:

BUSINESS MEETING: 8:00-8:30 a.m.

  • November CLE Sessions (October 31--November 3, 2012)--A brief summary of the Committee's planned presentations at the Annual Section Conference in Atlanta
  • The 2013 Midyear Meeting in Rome (May 5-9, 2013)--A brief report on planning
  • Webinar Report--Update on the Committee's webinars

HOT TOPICS DISCUSSION: 8:30-10:30 a.m.

Discussion of various "hot topics" in international labor and employment law will provide great educational value. The continuation of this invaluable annual update is open to all to attend. CLE credit will not be provided, but the information will provide meaningful insights. All Committee members are invited to participate and provide papers or materials.

Presentations proposed to date include:

  • Analysis of whether the Alien Tort Claims Act and the Foreign Corrupt Practices Act are subject to Judicial challenges and, if so, what they are and what to do.
  • Analysis of whether Dodd-Frank applies outside of U.S.: Asadi v. GE (USA) LLC, S.D.Tex. 4:12-345, June 28, 2012.

For more information contact Joe Fleming, International Labor and Employment Law Committee Employer Co-chair. This is your chance to assist us and participate in our Committee's work. We appreciate, and look forward to, hearing from you.

September 25-28
XXth World Congress of the International Society for Labor and Social Security Law
Santiago de Chile

PROGRAM CALENDER 2013

May 5-9
International Labor & Employment Law Committee Midyear Meeting
Rome, Italy

September
ISLSSL Western Hemisphere Congress
Guayaquil, Ecuador

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