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    Issue: November 2020

     

    International Law

    Message from the Chairs

    Welcome to the latest edition of the newsletter of the ABA International Labor and Employment Law Committee hot on the heels of the enormously successful Section of Labor and Employment Law’s first ever virtual Annual Conference. While we all had the benefit of attending the Conference from the comfort of our own homes as the opportunity for travel remains limited, we, the Co-Chairs of the International Labor and Employment Law Committee, really missed seeing everyone one in person. That said, thanks to our networking reception and committee business meeting, we had plenty of opportunites to catch up, even if it was virtual.

    Articles

    International Law

    AUSTRALIA - COVID-19 and Recent Developments in Australian Labor/Employment Law

    By: Paul Harpur (faculty, Queensland University – T.C. Beirne School of Law) and Mitree Vongphakdi. This research was assisted by the Social Science Research Council's Just Tech Covid-L9 Rapid Response Grants, with funds provided by the Ford Foundation and the MacArthur Foundation.

    As at November 2, 2020, Australia has experienced a total of 27,590 cases resulting in 907 deaths, whereas the United States has experienced 9,024,298 cases resulting in 229,109 deaths. In response to the pandemic Australian Federal and State governments supported a range of lock downs and strong community tracing. In November 2020 a significant number of States have had recorded long periods of no new community transmissions and transmissions from known sources.

    International Law

    INDONESIA - Omnibus Law on Job Creation; General Overview on Employment Cluster

    By: Cornel Juniarto, Hermawan Juniarto & Partners (Member of Deloitte Legal Network), Jakarta

    Despite the continuing opposition and a series of rallies from labor unions and various groups against the long awaited Omnibus Law, the President of Indonesia, Joko Widodo signed the Bill on Job Creation into Law No. 11 of 2020 on Job Creation, or publicly known as the Omnibus Law (“Omnibus Law”) on November 2, 2020. Omnibus Law amends 77 laws, and is aimed at improving the ease of doing business and attract investment in Indonesia. The Government believes that 90 percent of the provisions in the Omnibus Law are intentionally designed to stimulate private investment and business.

    International Law

    MEXICO - NOM-035 on Psychosocial Risks Takes Effect

    By: Francisco Udave Treviño, Santamarina + Steta, Mexico City

    Official Mexican Standard 035 issued by the Ministry of Labor and Social Welfare regarding the identification and prevention of psychosocial risk factors in the workplace (commonly identified as NOM-035) was published in the Official Journal of the Federation on October 23, 2018. Its purpose is to guarantee that employees provide services in legal and optimal conditions to control their possible exposure to factors that may cause anxiety disorders, alter their rest or affect their quality of life. These elements are called Psychosocial Risk Factors and in principle do not include harassment or sexual harassment, to which other legal provisions contained in the Mexican Federal Labor Law are applicable.

    International Law

    Global Challenges - Choosing One’s Own Way during COVID-19

    By: Krishneel Maharaj, Director and Performance Psychologist at The Mind and Movement Company

    Perceived control, the degree to which an individual believes a situation or outcome can be influenced by their actions, has been consistently associated with emotional well-being, an ability to cope with stress, and improved performance across diverse settings and populations. The COVID-19 pandemic, described freely as unprecedented, has likely compromised that sense of control. Beyond the concerns for our health and well-being, there is uncertainty about when things will return to “normal.”