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: November 2012

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



Employee Status vs. Self-Employed Status: Introduction of a Refutable Presumption of the Existence of an Employment Agreement


Supreme Court to Review Decision Upholding Random Alcohol Testing

First Decision Confirming That Employers have a Duty to Accommodate an Employee's Eldercare Responsibilities Is Issued under Ontario Human Rights Code


Termination of Striking Employees Upheld as Lawful

Amended Civil Procedure Law Enters Into Effect January 1, 2013

Employer-Employee Agreement Not to Participate in Mandatory Social Insurance System Held Illegal

Proposed Regulations on Ownership and Remuneration for Employee-Created Inventions Released


Government Pressures Labor and Management to Revise Mass Redundancy and Other Measures


Withdrawal of Social Security Accumulations Permitted upon Cessation of Employment for Expatriates From Countries Having a Social Security Agreement with India

Acquittal of Criminal Charges Does Not Preclude the Continuance of Disciplinary Proceedings

Employees May Not Be Disciplined or Terminated in Departmental (Employer) Proceedings Without an Independent Inquiry and Evidence

Industrial Tribunal Is Not Appellate Authority Over a Departmental Inquiry

Payment of Back Wages Is Not Appropriate Where Charges of a Serious Nature Are Proved But an Employee Is Reinstated on Procedural Grounds

No Requirement of Re-examination of a Witness Already Examined in the Departmental (Employer) Proceeding

Law Requiring Religion- and Caste-Based Head Count by Employers Under Consideration


Court of Milan (Labor Division) Delivers First Decision Regarding New Fast Track Trial Procedure for Dismissals, Disallowing Its Use


New Employment Legislation Gives Employers More Power to Change Working Conditions to Meet Business Needs


Subcommittee and Liaison Appointments

The co-chairs have appointed the following individuals to assist in committee activities and would like to thank each of the individuals listed for their efforts on behalf of the committee:

Subcommittee Appointments

New Membership and Diversity
Katherine Blostein, Kelly Bunting, Christopher Jordan, Jeremy Mittman, Maryann Parker

Conference Committee 2013
Rafaella Betti, Christine Cooper, Norman Gleichman, Piergiovanni Mandruzzato, David Millstone, Stephen Moldof, Jacqueline Scott

Conference Committee 2014
Nora Macy, Luis Mendes, Jason Noakes, Oscar De La Vega

Publications and Social Media
Paul Callaghan, Tim Darby, Ute Krudewagen, Anne Radolinski

Website and Marketing
Joseph Fleming, Susanne Foster, Mathilde Houet-Weil

Teleconferences and Webinars
Michael Royal, Robert Stulberg, Andrea Zwack

Liaison Appointments

Employment Rights and Responsibilities Committee
Mort Mitchnick, Jan Duffy, Gerlind Wisskirchen

Equal Employment Opportunity Committee
Mark Dichter, Adam Klein, Jeffrey Goodman

UK Employment Lawyers Association (ELA)

Juliet Carp

Transatlantic Employment Law Conference

Wayne Outten, Gary Siniscalco, Suzanne Foster, Ming Henderson

Midwinter Papers

Always use this short url to find papers from the most recent Midwinter Meeting of the International Labor and Employment Law 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


March 18-19

The Transnational Dimension of Labor Relations: A New Order in the Making? Eleventh Annual International Conference in Commemoration of March Biaggi
Modena, Italy
Information for submitting papers and for registration will soon be available in English.

April 9-12

Work and Employment in the Asian Century, 8th Asian Regional Congress of the International Labor and Employment Relations Association
Melbourne, Australia
Early bird registration rate available until December 14, 2012
Registration site.

April 21-29

International and Comparative Law of Work
Post-graduate seminar jointly sponsored by the International Society for Labor and Social Security law and the Fundación Universitas, designed for lawyers and other professionals in the field of labor and employment who are Spanish speakers. Accommodations and meals at the Hotel Lagunamar.
Universidad de Margarita
Isla de Margarita, Venezuela
Contact via email.

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

May 31-June 1

How Global Migration Changes the Workforce Diversity Equation
UCLA Institute for Research on Labor and Employment in partnership with ADAPT (consortium of groups interested in new approaches to comparative and international labor studies based at the Centre for In­ternational and Comparative Studies at the Uni­versity of Modena and Reggio Emilia).
Los Angeles, California
Abstracts for proposed papers should be submitted by January 15, 2013 to their Moodle Web site.
Inquiries on program email.

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.

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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