Subject: Jordan Cowman-"Baker & McKenzie Global Employment Law Alert"
From: [email-masked]
To: [email-masked], [email-masked]
Cc: [email-masked], [email-masked]
Date: Mon, 15 Oct 2001 16:10:26 -0700 (PDT)

I am pleased to send you the October 15, 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
[email-masked]

This email contains the  October 15, 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
<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: 10/15/01

** - GEL ALERT HIGHLIGHTS: Employee Benefits: Japan unveils new corporate
pension system; Italian Ministry of Labour publishes report on pension
reform. Employment Discrimination: Burden of proof standards shifted in the
United Kingdom; Eagle Logistics pays US$9 million to resolve workplace
discrimination lawsuit brought by U.S. Equal Employment Opportunity
Commission. Employment Litigation: Amazon.com and E-Bay battle over key
executive. Immigration: Vietnam reaches visa exemption agreement with
Malaysia; Controversial immigration bill is re-introduced in South African
Parliament. Labour Abuses: Leading chocolate makers agree to end child
labour practices by 2005; South Korea accused of treating workers as virtual
slaves; Legislation: Australia enacts new cybercrime legislation that
increases penalties for computer-related offences; China amends 50-year old
Trade Union Law; United Kingdom revises Working Time Regulations. Privacy:
Fifty different countries debate workplace privacy issues at annual
conference; Drug testing in Sweden has increased by 25%. Unions: United
Kingdom workers to vote on union recognition; Brazilian airline union may
strike in response to planned job cuts.  Alert Date: 10/15/01

** - BAKER EVENTS: London: Seminar entitled "European Employment Law For
Multinational Employers," scheduled for October 19, 2001. For more
information please contact Marie Armstrong
<mailto:[email-masked]> .  Alert Date: 10/15/01

GlobalGlobal	 top
** - privacyWORKPLACE PRIVACY IS MAIN CONCERN OF 23RD INTERNATIONAL
CONFERENCE OF DATA PROTECTION COMMISSIONERS: Over 500 representatives of
academia, business, labour and government officials from 50 different
countries recently debated workplace privacy issues during the 23rd
International Conference of Data Protection Commissioners in Paris, France.
Representatives of labour called for stiffer rules against workplace
surveillance and the establishment of national laws and regulations on
acceptable means and practices for watching employees. See " International
<http://www.paris-conference-2001.org/eng/welcome.html> Privacy Rights."
<mailto:[email-masked]> [email-masked]
and  <mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

** - GENERAL MOTORS TO AXE THOUSANDS OF EUROPEAN JOBS: General Motors
recently informed union leaders that it would be making thousands of job
cuts in the coming weeks as the automaker has made plans to reduce
production by 15%. The news of planned job cuts comes amidst concern that
the slowing worldwide economy coupled with the effects of the U.S. terrorist
attacks will result in weakened consumer confidence which would further harm
the European auto market. Many European automakers have announced similar
production and workforce cutbacks in reaction to the terrorist attacks. See
" General  <http://www.guardian.co.uk/recession/story/0,7369,559520,00.html>
Motors To Axe Thousands Of European Jobs."
<mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

** - FIAT LAYS-OFF THOUSANDS OF WORKERS AFTER TERRORIST ATTACKS: European
automaker Fiat recently announced plans to reduce auto production by 30,000
cars and lay-off 20,000 employees in reaction to the terrorist attacks in
the U.S. The attacks have caused many companies, including automakers, to
scale back their production plans in anticipation of a dramatic drop in
demand for cars. Fiat announced that it will be cutting 700 jobs in Poland
alone, amounting to approximately 10% of its Polish workforce, after
estimates showed that auto demand in Europe will drop between 5% to 8%
during the final quarter of 2001. Laid-off workers have been assured that
they will receive 80% of their salaries. See " Fiat Lays-Off
<http://www.ananova.com/business/story/sm_410454.html> 20,000 Workers After
U.S. Terror Attacks."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

** - THE IMPACT OF TERRORISM ON INTERNATIONAL LABOUR SOLIDARITY: Labour
unions are unified across the world in condemning the recent terrorist
attacks in New York City and Washington, D.C. The labour movement's
solidarity reflects the impact of terrorism on the global economy. See "
International  <http://www.labornotes.org/archives/2001/1001/1001a.html>
Union Solidarity To Be Tested."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

** - chocolateCHOCOLATE MAKERS AGREE TO ELIMINATE AFRICAN CHILD LABOUR:
Cocoa processors and leading chocolate makers, including Hershey Foods,
Nestle, and M&M Mars recently agreed on a plan to investigate an end to
child labour practices on cocoa supply farms in West Africa by 2005. The
Chocolate Manufacturers' Association wants to assure consumers that no
abusive child labour has been used to grow cocoa. See " No
<http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i
d=ct20011002232520427A16233&set_id=60> Child Labour In Chocolate
Production."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

** - INTERNATIONAL UNION PUBLISHES GUIDE TO PUSH FOR PASSAGE OF MATERNITY
ASSISTANCE LAWS: On October 2, 2001, the International Confederation of Free
Trade Unions published a guide to assist unions in advocating for maternity
protection laws in their home countries. The guide contains a campaign kit
along with publicity material to garner support for the passage of maternity
protection laws, as well as information outlining the provisions of
international trade conventions on maternity leave. The information will
soon be available in French and Spanish as well. See " 2001
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213340>
Maternity Protection Campaign Kit."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

** - BOEING PREDICTS AIRLINE INDUSTRY GROWTH IS MONTHS OFF: On October 10,
2001, Boeing Co., the world's largest aircraft manufacturer, concluded that
the worldwide airline industry was unlikely to return to growth for 18
months or more in the wake of the attacks on the United States. Boeing's
international sales director said because this is a global problem, it may
take more than 15 to 18 months. Workers in the industry may well suffer
through extended lay-offs. See " Airline
<http://www.chicagobusiness.com/cgi-bin/news.pl?id=3533> Growth Slowed
Indefinitely."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

** - EUROPE IS NOT EXEMPT FROM TRADE UNION RIGHTS VIOLATIONS: According to
the recent International Confederation of Free Trade Unions 2001 Survey of
Trade Union Rights Violations Worldwide, Europe is no exception when it
comes to alleged violations of trade union rights. The survey scrutinizes
trade union practices in 26 European countries. See " Europe
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213431> Trade
Union Behavior Criticized" and " Annual Trade Union
<http://www.icftu.org/www/pdf/survey2001en.pdf> Survey."
<mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

** - AFRICA SHOWS DANGEROUS RISE IN TRADE UNION RIGHTS VIOLATIONS: According
to Bill Jordan, General Secretary of the International Confederation of Free
Trade Unions, nearly all indicators of trade union rights violations have
doubled in Africa. Jordan refered to the 2001 Survey of Trade Union Rights
Violations, which reviews the state of trade union rights violations in 40
African countries. See " Africa
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213426>
Increases Trade Union Rights Violations" and " Annual Trade Union
<http://www.icftu.org/www/pdf/survey2001en.pdf> Survey."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

** - REPRESSION AGAINST TRADE UNIONISTS ON THE INCREASE WORDWIDE: The
International Confederation of Free Trade Unions recently released its
Annual Survey of Violations of Trade Union Rights, which claimed that 209
trade unionists were assassinated in 2001. The survey covers 147 countries
and catalogues violence targeted at men and women committed to defending
workers against exploitation. See " ICFTU Annual Survey
<http://www.icftu.org/survey> " and " Trade
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213424> Union
Survey."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

** - GLOBAL UNIONS CALL FOR WORLD ECONOMIC STIMULUS: On October 11, 2001,
global unions within the International Confederation of Free Trade Unions
called for joint, coordinated, and far-reaching economic measures to ensure
that the world does not tip further into a global recession. See " ICFTU
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213929> Calls
For Economic Stimulus Plan."  <mailto:jorge.a.de.regil@bakernetcom>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

** - EU PARLIAMENT ENDORSES NEW MECHANISM FOR CROSS-BORDER DISPUTE
RESOLUTION: The European Parliament recently issued an important report on
e-commerce and financial services. While this report primarily addresses
issues arising from consumer contracts in the financial services industry,
the study embraces a concept that could have a significant impact on
cross-border employment issues. The report discusses the European
Extra-Judicial Network for the resolution of cross-border disputes. The
report also expresses support for the use of ADR systems, both on and off
line to resolve cross-border disputes.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

** - EU NEW GUIDELINE ON TREATMENT OF HR DATA UNDER EU-PRIVACY DIRECTIVE:
The European Union Working Party recently issued a comprehensive opinion
addressing the treatment of human resources data in the context of the EU
Data Privacy Directive. The opinion addresses several new issues, including
a statement that an employer's review of an employee's e-mail and Internet
usage constitutes the processing of personal data under the Directive. See "
New
<http://www.europa.eu.int/comm/internal_market/en/dataprot/wpdocs/wp48en.pdf
> Guidelines."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

Asia_PacificAsia Pacific	 top
AU - cybercrimeAUSTRALIA ENACTS CYBERCRIME LEGISLATION: Australia recently
passed new cybercrime legislation that increases penalties for
computer-related offences of up to 10 years in jail. The new legislation
contains seven new offences including hacking, denial-of-service attacks,
web site vandalism, spreading viruses, and using computers in offences such
as stalking, fraud, and sabotage. This new law will substantially assist
employers in fighting abuses of digital technology in the workplace. See "
Cybercrime
<http://australianit.news.com.au/common/storyPage/0,3811,2944524%255E442,00.
html> Legislation."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

AU - RESEARCHERS SAY BOSSES SHOULD BECOME AWARE OF WORKERS' SLEEP HABITS:
Sleep researchers in Australia announced recently that employers should
enact regulations outlining how many hours of sleep an employee must have
before being allowed to work. The researchers said that obtaining
information from the workers regarding how much sleep they had would be
helpful from a health and safety standpoint. Australian unions said that
workplace accidents and stress-related illnesses have cost AU$1.7 billion a
year, and that many of these problems could be remedied by ensuring that
workers are not too tired to do their jobs. See " Expert Says Bosses
<http://www.ananova.com/news/story/sm_411914.html> Should Know About Workers
Sleep."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

AU - AUSTRALIAN PRIVACY COMMISSIONER RELEASES HEALTH PRIVACY GUIDELINES: The
Australian federal privacy commissioner recently released new guidelines on
health privacy under the country's new privacy legislation. The guidelines
apply to all private health service providers. While the new legislation
generally exempts employee records, it makes an exception if an individual
attends a health service provider and that provider is also their employer.
See: " Guidelines On  <http://www.privacy.gov.au/publications/hg_01.pdf>
Privacy In The Private Health Sector."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

AU - IT WORKERS GET UNION VOICE: On October 10, 2001, workers in the
Australian IT industry will have their own identity with the launch of the
IT Workers Alliance (ITWA). The ITWA will act as a virtual trade union
providing news, information, and services tailored to the needs of
programmers, system administrators, and graphic designers. See " ITWA
<http://council.labor.net.au/> " and " IT Workers
<http://itworkers-alliance.org/news/general/7.html> Alliance."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

AU - JOBS AND JOB SECURITY TOP ELECTION AGENDA: The Australian Council of
Trade Unions (ACTU) recently urged Australians to vote for the political
party that most clearly demonstrates its long-term commitment to jobs and
job security. The ACTU president said the federal election is critical to
the security and well being of working people, small business owners, and
the investment and business community. See " Jobs
<http://www.actu.asn.au/vunions/actu/article.cfm?objectid=8D27B791-D5BD-4670
-A7D8B46EEEE76FB3> At Top Of Election Agenda."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

AU - AUSTRALIAN COURT RELIES ON CANADIAN CASE TO ORDER WORKERS BACK TO WORK:
In an unusual ruling, the Australian Federal Court recently relied on a
Canadian Supreme Court judgement to order employees taking industrial action
back to work. The Court found that it is now appropriate to require specific
performance of employment contracts where employees are illegally defying
their obligations to perform work under a current collective agreement. See:
" Skilled
<http://www.austlii.edu.au/au/cases/cth/federal_ct/2001/1397.html>
Engineering Limited v AFMEPKIU."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

AU - ABSENTEEISM KEY FACTOR IN PRODUCTIVITY: A recent study has found that
absenteeism in Australia has a greater impact on labour productivity than
any other factor including industrial action. The study found that the
disruptive effects of absenteeism has a significant negative effect on
productivity and growth at the workplace. Absenteeism disrupts and delays a
worker's output and also has indirect consequences such as lowering overall
employee morale. See " Industrial
<http://www.ecruiting.com.au/express/loundes031001.htm> Relations Outcomes
And Productivity Growth."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

AU - E-MAIL PORNOGRAPHY DISMISSAL UPHELD: The New South Wales Industrial
Relations Commission recently upheld the dismissal of an employee for
storing and sending pornographic e-mails. The employee was initially
dismissed on allegations of embezzlement; however, the Commission held that
the company could rely on the pornographic e-mails found on her computer
after her dismissal. The Commission said it was not its job to judge the
level of offensiveness of the e-mails but found that they were clearly in
breach of the company's policy. See " Massoud
<http://www.agd.nsw.gov.au/ircjudgments/2001nswirc.nsf/d1efd3b3c2f68e05ca256
736001f37be/96fa17aa15d60e8fca256ac70001bc88?OpenDocument> v Sitel
Corporation Australia."  <mailto:michael.michalandos@bakernetcom>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

AU - CONDITIONAL RELEASE ON REDUNDANCY UNFAIR: On October 8, 2001, the
Australian Industrial Relations Commission found that an employer unfairly
dismissed an employee by insisting the employee sign a deed of release to
receive a redundancy payout. The Commission said that the deed which
prevented the employee making further legal claims, sharing confidential
information and competing with the company was unnecessarily harsh and
inconsistent with the requirements placed on other employees in similar
circumstances. See " Thiessen v
<http://www.airc.gov.au/decisionssigned/html/PR910098.htm> National Office
Products Ltd."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

CN - chinaCHINA BEGINS REVISION OF TRADE UNION LAW: On October 1, 2001,
China began work on amending its Trade Union Law, and if these changes are
implemented, this would be the first time the Trade Union Law has been
amended in 50 years. The Standing Committee of the National People's
Congress of China recently conducted its first debate over the proposed
amendments to the Trade Union Law, which focused on how to define the
responsibilities of the trade union. The planned revisions to the Trade
Union Law would establish the protection of employees' legal rights and
benefits as the main mission of trade unions. Unions would also be directed
to negotiate and work to meet employees' "reasonable" demands if employees
stop working or institute a work slowdown. The revisions also would
establish the right of every worker to form and join trade unions, with no
organization or individual allowed to prevent or limit this right. See "
China - Labour Law To  <http://sg.biz.yahoo.com/011004/46/1jvx3.html> Be
Revised, Allowing Worker Strikes."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

ID - NEW TAX GUIDELINES ON CERTAIN EMPLOYEE BENEFITS: The Indian Government
recently announced liberal guidelines for taxing perks, which includes
conveyances, children's education facilities, and free and concessional
residential accommodation. The value of free or concessional residential
accommodation is limited to 10% of salary for large cities while for smaller
ones the limit is 7.5%. The government has also modified earlier rules for
valuing conveyances and allowed a deduction depending on the vehicle's
engine capacity. " New Tax
<http://economictimes.indiatimes.com/today/26econ04.htm> Guidelines."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

ID - TOTALIZATION AGREEMENTS SOUGHT FOR SOFTWARE WORKERS: On October 4,
2001, the National Association of Software and Service Companies of India
decided to step up its efforts to help the Indian Government reach
Totalization Agreements with the United States and the United Kingdom. The
recession ridden Indian software industry earns the majority of its revenue
from the U.S. and UK. Currently, Indian software companies executing
projects in the U.S. are paying more than 20% of their on-site manpower
wages as social security taxes. Similar taxes are also paid in the UK under
the National Insurance scheme. Totalization Agreements will save Indian
companies from paying these taxes. See " India Seeks
<http://www.financialexpress.com/fe20011004/efetop1.html> Totalization
Agreements."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

ID - MAJOR AIRLINES AND HOSPITALITY INDUSTRY LEADERS MEET TO RESPOND TO
MARKET CONDITIONS: On October 4, 2001, major airlines such as Air-India,
Indian Airlines, British Airways, Lufthansa, and Air France, as well as
travel and hospitality companies and industry bodies, met to find an
immediate solution to recover from the crisis precipitated by the terrorists
attacks on September 11, 2001. Major industry associations including the
Confederation of Indian Industry, Associated Chambers of Commerce & Industry
of India, Federation of Hotel & Restaurant Association of India, Hotel
Association of India, and Indian Association of Tour Operators participated
in the meeting. See " Industry
<http://www.financialexpress.com/fe20011004/news1.html> Response To Terror."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

JP - JapanNEW DEFINED CONTRIBUTION RETIREMENT PLAN: Japan has recently
unveiled a new corporate pension system modeled on United States' 401(k)
plans. The system allows companies to manage their pension liabilities more
effectively, gives employees more choice in their retirement planning, and
allows workers to change jobs without the fear of losing their benefits. See
" Japanese Retirement  <http://www.fpcj.jp/e/shiryo/jb/0128.html> Plan."
<mailto:[email-masked]> hiroshi.kondo@bakernetcom or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

KR - slavelabourSOUTH KOREA ACCUSED OF USING SLAVE LABOUR: South Korea
recently has been accused of treating workers as "virtual slaves" in
factories abroad. The Secretary General of the International Textile,
Garment and Leather Workers Federation traveled to Seoul to protest the
treatment of workers in Bangladesh and Sri Lanka. It is alleged that
employees in these factories work long hours for starvation wages. See "
Slave
<http://news.bbc.co.uk/hi/english/business/newsid_1566000/1566971.stm>
Labour Abroad."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

KR - KCTU PRESIDENT INCARCERATED: On October 3, 2001, the Korean
Confederation of Trade Unions (KCTU) president was to be released from
prison; however, the government has decided to hold him indefinitely under
new charges. See " Government Breaks
<http://www.kctu.org/news/dan-jail.htm> Promise And Keeps Prison Gates
Closed."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

NZ - MENTALLY HEALTHY WORKPLACES ARE GOOD BUSINESS: According to a recent
speech by New Zealand Health Minister, Annette King, one in five New
Zealanders suffer from mental illness at some time and therefore it is in an
employer's best interest to provide healthy workplaces. She suggests
non-discriminatory employment practices and stress-free time during the
workday. See " Health Work
<http://www.newsroom.co.nz/story/68730-99999.html> Environments."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

PK - LABOUR BACKS FIGHT AGAINST TERRORISM: The Pakistan Workers'
Confederation (PWC) recently expressed its solidarity with the Pakistani
Government's policy regarding the fight against terrorism. The PWC
leadership said that they would devote their full support to the
government's stance on the challenges facing Pakistan, and that they would
commit all their resources to motivating the Pakistani working class to
safeguard the country's interests. The PWC also called upon the government
to implement a minimum wage and labour package agreed to during June of
2001. See " Pakistan
<http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1478> Labour
Leaders Support Government."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

PK - PAKISTAN RAISES MINIMUM WAGE FOR UNSKILLED WORKERS: On October 3, 2001,
Pakistan's federal cabinet approved an increase in the minimum wage for
unskilled workers to Rs2,500. The new minimum is payable from August 1, 2001
and applies to all establishments in Pakistan regardless of the number of
workers employed. This is the first change in the minimum wage in Pakistan
since it was fixed at Rs1,500 in 1993. See " Unskilled Workers To Get
<http://www.dawn.com/2001/10/04/top9.htm> Rs2,500 Pay."
<mailto:[email-masked]> [email-masked] and
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

TW - ESTABLISHMENT OF LABOUR DISPUTE ARBITRATION ASSOCIATION:
Non-governmental labour dispute conciliation groups have established the
"Labour Dispute Arbitration Association of the Republic of China" (LDAA)
which is scheduled to start by the end of 2001. This is the first labour
dispute arbitration institute established by law in Taiwan. According to
Taiwanese Arbitration Law, an arbitration award rendered by LDAA has the
same effect as a court judgement. Although arbitration may lower the
expenses and shorten the period needed to resolve labour disputes, the
arbitration procedure would not be initiated if any one party refuses. The
LDAA said that arbitration is the world trend for labour dispute resolution.
See " Labour  <http://www.bmck.com/gel/articles/Taiwan-Establishment of the
LDAA.doc> Dispute Arbitration."  <mailto:[email-masked]>
[email-masked] or [email-masked]
<mailto:[email-masked]> .  Alert Date: 10/15/01

TW - SURVIVING COMPANIES' OBLIGATIONS REGARDING SEVERANCE PAY: The Taipei
District Court recently rendered a judgement that ordered the defendant, a
surviving security company, to pay 25 employees of the constituent company a
total of NT$8,042,599 in severance pay even though the surviving company
offered to retain the employees but without their consent. If the judgement
becomes final and conclusive, it may well influence similar cases in Taiwan.
See " Severance  <http://www.bmck.com/gel/articles/Taiwan-Surviving Company
re Severance Pay.doc> Pay."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

VN - vietnamVISA EXEMPTION AGREEMENT BETWEEN VIETNAM AND MALAYSIA: Vietnam
recently reached a visa exemption agreement with Malaysia which means that
citizens of both countries holding diplomatic, official, and ordinary
passports will not need an entry visa to visit the other country for 30 days
or less. This bilateral visa exemption will become effective as of November
25, 2001. See: " Agreement
<http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200110072343
41> On Visa Exemption."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

Europe___CISEurope & CIS	 top
DE - LUFTHANSA PILOTS WANT MARSHALS ON PLANES: Pilots at Lufthansa AG
recently announced they are open to having security guards aboard their
aircraft; however, their union does not want guns in the cockpit or a break
in the chain of command. Following the hijacking attacks in the United
States in September of 2001, Lufthansa agreed to assign sky marshals to its
flights as an additional security measure. See " Union
<http://news.findlaw.com/legalnews/s/20010928/l28525594.html> Agrees To Sky
Marshals."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

DE - EARLY RETIREMENT REDUCES OCCUPATIONAL PENSION: Employees that receive
statutory pension payments can also request occupational pension payments
under the pension plan of their employer. The German Federal Labour Court
recently ruled that, in the event of early retirement, the employer can
reduce the regular pension payment twice, firstly because of the early
termination and therefore shorter period of employment and secondly, because
the early retirement requires longer payments of the pension. This second
reduction is normally regulated in the pension plan which allows the pension
payment to be reduced by 0.3% to 0.6% for every month of early payment of
the pension. See " Early Retirement  <http://www.bundesarbeitsgericht.de/>
Ruling."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

DE - COURT PROHIBITS TERMINATION OF WORKS COUNCIL MEMBER BECAUSE OF LONG
LASTING SICKNESS: Recently, the German Federal Labour Court ruled that it is
generally reasonable to require an employer to not proceed with the
termination of employment of an employee who is a works council member until
the employee's termination protection period ends, even if the employee is
not able to perform his or her work because of a long lasting sickness. The
court found a termination for cause generally would be invalid in these
circumstances. See " Works  <http://www.bundesarbeitsgericht.de/> Council
Ruling."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

DE - TERMINATION OF EMPLOYMENT FOR DISSENTING OPINION NOT ALLOWED: The
German Labour Court in Frankfurt recently ruled that an employment
relationship cannot be terminated because an employee made a critical note
documenting an opinion which conflicted with his superior regarding a
professional issue. See " Labour Court
<http://www.hessen.de/justiz/Seite/justiz.htm> Frankfurt."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

DE - COLLECTIVE BARGAINING AGREEMENT ON OCCUPATIONAL PENSIONS IN THE
CHEMICAL INDUSTRY: The collective bargaining partners for the German Mining
Chemical and Energy industries recently concluded a collective bargaining
agreement on additional occupational pensions. Employees in those industries
can now convert salary components into a vested pension right. For each
Euro100 the employee pays into the pension scheme, the employer must pay an
additional Euro13. See " Collective  <http://www.igbce.de/> Bargaining
Agreement Pension."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

DE - COLLECTIVE BARGAINING AGREEMENT ON QUALIFICATION OF EMPLOYEES:
Recently, the collective bargaining partners for the German Metal industry
in Baden-W?rtemberg concluded the first ever agreement on qualification of
employees. Employees in that industry now have a right to discuss with their
employer their professional qualifications including their qualifications
for a better position. If the employer and employee cannot reach an
agreement on further qualifications, a mediation board or works council can
discuss the issue further. See " Collective Bargaining Agreement
<http://www.igmetall.de/> Qualification."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

ES - EU REQUESTS NEW GOVERNMENT EMPLOYMENT MEASURES: The recent European
Union (EU) Commission report recognised efforts made by Spain regarding
employment matters; however, the Commission has requested increased measures
in several areas. See " Employment Measures
<http://europa.eu.int/index_en.htm> ."  <mailto:[email-masked]>
angela.toro@bakernetcom or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

ES - NEW SOCIAL SECURITY CONTRIBUTION MEASURE: On October 1, 2001, the
Spanish Social Security Treasury adapted its accounts to the Euro. Companies
and individual professionals will be able to pay contributions in euros,
provided they pay it through a financial entity.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

ES - SPANISH GOVERNMENT NEGOTIATES POSSIBILITY OF CHANGES TO COLLECTIVE
AGREEMENT REGULATIONS: The Spanish Government recently began negotiating the
possibility of introducing changes to the current collective agreement
regulations with various trade unions. The government proposes to include
negotiations of regular working hours, sick leave, vacation time, overtime
pay, and pension negotiations.  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

FR - DISMISSAL BASED ON LOSS OF CONFIDENCE IS NO LONGER POSSIBLE: A recent
French Supreme Court decision has modified the habits of employers
concerning terminations based on personal grounds. The court concluded that
an employer's loss of confidence in an employee does not constitute grounds
for dismissal of an employee. See " Loss
<http://www.bmck.com/gel/articles/France-Dismissal on loss of
confidence.doc> Of Confidence Dismissal Forbidden."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

IE - IBEC RESPONDS TO ANNOUNCEMENTS OF PRICE INCREASES IN ENERGY: On October
1, 2001, Irish businesses began facing a 14% increase in their electricity
costs. The Irish Business and Employers Confederation (IBEC) director argued
that such increases would place further burdens on businesses, even causing
lay-offs of workers at a time when many companies are unable to absorb such
increased costs. See " Energy
<http://www.ibec.ie/ibec/Press/PressPublicationsdoclib3.nsf/966008fe067c28d8
802569420055bc17/c6834da72b3f6fbb80256ad6005e6919?OpenDocument> Costs Rise."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

IE - IBEC CALLS FOR NO SLOWDOWN ON INFRASTRUCTURE DELIVERY: On October 5,
2001, the Irish Business and Employers Confederation (IBEC) announced that
the delivery of infrastructure must go ahead within the time frame indicated
in the National Development Plan despite difficulties that may be
encountered. The assistant director of the IBEC said correcting the
country's infrastructural deficit is the only way to provide for balanced
regional development. See " No
<http://wwwibec.ie/ibec/Press/PressPublicationsdoclib3.nsf/966008fe067c28d88
02569420055bc17/4ccaa7d9564d446180256adc00487920?OpenDocument> Slowdown Of
Infrastructure Delivery."  <mailto:michael.ingle@bakernetcom>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

IT - ARTICLE 29 WORKING PARTY ISSUES OPINION ON THE PROCESSING OF PERSONAL
DATA IN THE EMPLOYMENT CONTEXT: The European Article 29 Working Group, led
by Chairman Stefano Rodot?, who is also the Chairman of the Italian Data
Protection Authority, recently issued an opinion meant to contribute to the
uniform application of the national measures adopted under the European Data
Protection Directive. The Chairman announced that the Working Party is
considering further guidance on the issues pertaining to the employment
context. See " Article
<http://europa.eu.int/comm/internal_market/en/dataprot/wpdocs/index.htm> 29
- Working Party."  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

IT - SOCIETAS EUROPAEA IS THE NEW "EUROPEAN COMPANY": On October 8, 2001,
Societas Europaea (SE) identified the new type of legal company meant to
offer a pan-European legal solution to the need to organise business
undertakings on a European scale. The SE is the result of decades of
elaboration, legal thought, and political discussion in Europe, much of
which concerns the appropriate way to define the role of employees in the
SE. The SE was established by adoption of a Council Regulation on the
Statute for a European Company and a Council Directive on employee
involvement within the European Company. See " New
<http://europa.eu.int/comm/internal_market/en/company/company/news/ecompanyf
aq.htm> Type Of European Company."  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

IT - MINISTRY OF LABOUR PUBLISHES WHITE PAPER ON THE LABOUR MARKET: The
Italian Ministry of Labour recently published a White Paper which describes
the Government Plans concerning labour issues and labour law reform in
Italy. The Paper has also been posted on the internet and a forum has been
opened to foster debate on the Paper. See " White
<http://www.minlavoro.it/download/LibroBianco.pdf> Paper," " Forum
<http://www.affarisociali.it/menu/forum/forum.asp> ," and " Labour
<http://europa.eu.int/comm/internal_market/en/dataprot/wpdocs/index.htm>
Reforms."  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

IT - ITPensionReformMINISTRY OF LABOUR PUBLISHES REPORT ON PENSION REFORM:
The Italian Ministry of Labour recently published a report on pension
reform. The report describes the consequences of the 1995 law reforming
pension laws, and the status of the implementation of this law and
subsequent laws The Report also analyses middle and long term projections.
The report was a much awaited document and will be central to the debate on
pension and social security issues in Italy. See " Pension
<http://www.minlavoro.it/download/Relazione-Finale.pdf> Laws."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

IT - FIXED-TERM EMPLOYMENT CONTRACT REFORM On October 9, 2001, the Italian
Government's Legislative Decree implementing the European Directive
1999/70/CE in Italy was published in the Official Gazette. The new law
brings about significant changes concerning fixed term employment
agreements. See " Employment
<http://www.governo.it/sez_dossier_nuovi/100giorni/direttiva_relazione.html>
Contract Reform."  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

NL - AMSTERDAM DOWN ONE PLACE IN BUSINESS CITIES' TOP 10: Amsterdam recently
dropped one place in the top 10 of favourite business cities and now
occupies fifth place in the "European Cities Monitor" report, an annual
report based on findings of Healy & Baker. The persons interviewed awarded
Amsterdam that place because of the Dutch people's good knowledge of foreign
languages, conditions of trade and industry, infrastructure, and the
presence of sufficient qualified employees.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

NL - TERRORIST ATTACKS GROUNDS FOR REDUCTION IN WORKING HOURS: The Dutch
Minister of Social and Employment Affairs recently announced that the
terrorist attacks in the United States may be a ground for exempting
employers from the ban on reducing working hours. Employers could
temporarily reduce their employees' working hours and proportionally reduce
their salaries based on this ground. The loss of income could be compensated
by an unemployment benefit.  <mailto:[email-masked]>
[email-masked] or
<mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

NL - TOP SALARIES RAISE WORRIES: Dutch authorities recently declared their
anger at a proposed new salary structure with an increase of up to 40% in
the health services sector. A spokesman for the Government stated that any
salary increase for management in excess of the salary increase for
employees would be socially unjustifiable. The Dutch Government is currently
drafting a legislative proposal to oblige employers to disclose the salaries
of their management.  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

NL - EMPLOYEES' RIGHT TO TRAINING: FNV Bondgenoten, the largest trade union
in the Netherlands, recently announced it wants to negotiate a right to
training for employees. A "personal skill development plan" will cost around
0.5% of the total wage and salary bill. Employees themselves will be able to
decide how to spend the saved sum on training and courses. Arrangements must
be laid down in a Collective Bargaining Agreement.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

NL - ILLEGAL WORKERS ARRESTED: Recently about 110 illegal immigrants working
in a tomato greenhouse in the Netherlands were arrested. Authorities alleged
the immigrants were being paid far less than the legal minimum wage. Their
employers now are subject to a criminal investigation.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

NL - RISE IN UNEMPLOYMENT EXPECTED: Unemployment figures in the Netherlands
are considerably lower than a year ago, although the recent decrease seems
to have come to a standstill. The Dutch Government Body for Economic
Planning ("Centraal Planbureau") anticipates a rise in unemployment by
40,000, but the Minister of Social Affairs has already adjusted that figure
to 70,000, and higher figures cannot be ruled out.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

SE - VACATION REFORM PROPOSED: A Parliamentary Committee in Sweden
investigating the number of hours worked by that country's workers recently
proposed hourly vacation time as an option for employees. The purpose of the
proposed reform is to allow employees more flexibility in using vacation
time. See " Hourly  <http://www.bmck.com/gel/articles/Sweden-Hourly Vacation
Report.doc> Vacation Time."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

SE - drugtestingDRUG TESTING IN THE WORKPLACE ON THE RISE: The number of
employers in Sweden that have initiated drug testing among employees has
increased by 25% this year. Employers favour drug testing in the workplace
because they claim it increases safety; however, there is no statute giving
employers the right to conduct these tests. See " Drug
<http://www.bmck.com/gel/articles/Sweden-Drug Testing in the Workplace.doc>
Testing In The Workplace."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

TR - TURKISH WORKERS FACE UNCERTAIN FUTURE IN GERMANY: The recent attacks on
the United States have kick started a debate in Germany over national
security. For years, Germany has allowed Turkish guest workers to come to
the country for a limited time period to work; however, this temporary work
arrangement became a permanent way of life. Since the 1960's, the Turkish
population in Germany has grown to over 2 million. The calls for greater
cultural integration have given way to calls for greater security. See "
Turkish
<http://news.bbc.co.uk/hi/english/world/europe/newsid_1571000/1571679.stm>
Workers Future Uncertain."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

UA - LABOUR POTENTIAL GROWING: On October 10, 2001, the Ukrainian Government
reported that the total number of able-bodied citizens in Ukraine grew by
42,800 since 1998. By the end of 2001 this number is expected to grow
further by 70,000 to 80,000. See " Labour
<http://www.ingfn.com.ua/?section=news&config=english&cat_id=840&content_id=
24000049390> Potential Growing In Ukraine."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
[100]  Alert Date: 10/15/01

UA - UKRAINIAN CABINET OF MINISTERS ANNOUNCES PLAN TO RAISE PENSIONS: On
October 10, 2001, the Ukrainian Cabinet of Ministers announced that it
intends to increase the size of pensions by at least 12% in the first half
of 2002. This increase represents the first stage of program which seeks to
eliminate poverty and ensure stable growth in workers' incomes. According to
relevant statistics, the real amount of an average pension rose by 25.8% in
2001 following 3 stages of pension increases over the year. See " Cabinet
<http://www.ingfn.com.ua/?section=news&config=english&cat_id=840&content_id=
24000049465> Of Ministers Plans To Raise Pensions At Least By 12% Next
Year."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
[117,127]  Alert Date: 10/15/01

UA - UKRAINIAN GOVERNMENT ANNOUNCES DECREASE IN UNEMPLOYMENT: Recently
released statistics indicate that unemployment in Ukraine stood at 3.65% of
the workforce as of September 1, 2001, compared to 4.24% on September 1,
2000. According to the state employment center of the Ukrainian Ministry of
Labour and Social Policy, the number of employed citizens grew by 30.4%,
which was achieved by using new approaches to the creation of job databases,
providing subsidies to employers for job creation, and giving allowances to
unemployed citizens to use in organizing their own businesses. See "
Ukraine's
<http://globalarchive.ft.com/globalarchive/article.html?id=010920006914&quer
y=ukraine> Unemployment Down - Government Report."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

UK - MINIMUM WAGE RISES: On October 1, 2001, the minimum hourly rate in the
UK for full-time claimants rose from ?3.70 to ?4.10, while the rate for
those between the ages of 18 and 21 increased from ?3.20 to ?3.50 per hour.
The UK Secretary for Trade and Industry said the higher rates would make a
real difference to about 1.4 million workers, most of whom are women. See "
Minimum
<http://news.bbc.co.uk/hi/english/business/newsid_1572000/1572382.stm> Wage
Increases."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

UK - GREEN CARD WORK PERMITS FOR USEFUL MIGRANTS: On October 3, 2001, the UK
home secretary announced a new U.S.-style "green card" immigration scheme
that includes a new work permit system with quotas in areas of severe labour
shortages. See " Immigration
<http://www.guardian.co.uk/Archive/Article/0,4273,4269104,00.html> And
Asylum System Overhaul."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

UK - UNION SAYS AIRLINE JOB LOSSES ARE SPIRALING OUT OF CONTROL: UK union
leaders recently claimed that airline job losses are spiraling out of
control after BMI British Midland confirmed 600 jobs are about to be
eliminated. The airline said there was a reduction in business class travel
and lower levels of business following the terrorist attacks of September
11, 2001. See " More
<http://www.annanova.com/business/story/sm_414582.html?menu> Airline Cuts."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

UK - STRESSED NURSE WINS ?140,000: A nurse who had a mental breakdown due to
stress and overwork following a traumatic pregnancy recently won ?140,000
compensation. The nurse's employer vowed to "ease" her back into her
demanding job after the birth; however, the employer grossly dishonored its
pledge and the nurse sued alleging negligence in subjecting her to excessive
stress in the workplace. See " Stressed
<http://news.bbc.co.uk/hi/english/uk/england/newsid_1578000/1578941.stm>
Nurse Wins Lawsuit."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

UK - 430 JOBS GO AS HIGH-TECH FACTORY CLOSES: Corning's optical-fiber
factory in north Wales recently announced it would be closing, thus
eliminating 430 jobs. Corning says the decision was made due to weak demand
in Europe and North America for products made at the plant. See " High-Tech
<http://www.ananova.com/business/story/sm_415393.html> Plant Closes."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

UK - NEW PENSIONS SHUNNED BY WORKERS: According to a recent study, the UK
Government's flagship Stakeholder Pension is not attracting the workers it
is supposed to be targeting. The survey concluded that many workers had not
been told about plans for a stakeholder scheme at work. See " Stakeholder
<http://news.bbc.co.uk/hi/english/business/newsid_1584000/1584374.stm>
Plans."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

UK - WORKERS PREFER SHORTER HOURS TO MORE PAY: According to a recent report,
more than one in three workers in the UK would be happy to earn less if
their hours were cut. The report concludes that more women than men would
prefer a shorter working week, and only one in ten employees wanted to
increase their hours. See " Workers Prefer
<http://www.annanova.com/news/story/sm_417204.html> Shorter Hours."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

UK - WORKERS MARCH IN PROTEST AT LOST PAY: On October 6, 2001, workers from
Viasystems, a UK electronics firm, participated in a march calling for a
change in the law to stop workers from losing pay when a company goes
bankrupt. Some workers claim they have not been paid for time already worked
and others claim they have not been given redundancy pay they were entitled
to receive. See " Workers
<http://news.bbc.co.uk/hi/english/uk/england/newsid_1583000/1583060.stm>
Protest Lost Pay."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

UK - POSTAL WORKER WINS UNFAIR DISMISSAL CASE: An employment tribunal in the
United Kingdom recently ruled that a postal worker was unfairly dismissed by
his employer after he was shown on television appearing to punch a rival
football fan. The court found the worker was acting in self-defense during
the incident. See " Postal Workers
<http://www.ananova.com/news/story/sm_419292.html> Wins Case."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

UK - BRITISH AIRWAYS TO CUT WORKERS' PAY: British Airways recently announced
a plan to cut the pay of 36,000 workers to reduce costs in the aftermath of
the U.S. terrorists attacks. The airline has proposed to withdraw employees'
annual holiday pay for both this year and the following year. The pay cut
would affect non-management staff based in the UK including flight crew,
cabin crew, engineers, and administrative and ground staff. See " Holiday
<http://news.bbc.co.uk/hi/english/business/newsid_1589000/1589994.stm> Pay
Withdrawn."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

UK - SHIPYARD WORKERS PUT IN UNFAIR DISMISSAL CLAIM: On October 8, 2001,
former employees of the shipyard Cammell Laird met to discuss unfair
dismissal claims they anticipate filing against their former employer.
Employees are seeking compensation through an industrial tribunal and seek
to convince the Office of Fair Trading to reject the takeover altogether.
See " Shipyard
<http://news.bbc.co.uk/hi/english/uk/england/newsid_1588000/1588661.stm>
Workers File Claim."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

UK - HondaHONDA WORKERS TO VOTE ON UNIONS' RECOGNITION: Honda has recently
agreed to let employees follow the statutory process on whether its
employees want to recognize the Amalgamated Engineering and Electrical Union
for collective bargaining purposes. Honda has not recognised unions since it
opened its Swindon site in 1985. See " Workers To Vote
<http://www.ananova.com/business/story/sm_418884html> On Union Recognition."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

UK - burdenofproofSEX DISCRIMINATION BURDEN OF PROOF REGULATIONS: On October
12, 2001, two small, but important changes to the UK sex discrimination law
were implemented in response to an European Union directive. The first
change will widen the definition of indirect sex discrimination. The second
change will alter the existing burden of proof requirements, directing
tribunals to find discrimination unless employers can evidence alternative,
non-discriminatory reasons for the treatment. See " Sex
<http://www.bmck.com/gel/articles/UK - Sex Discrimination Burden.doc>
Discrimination: Burden of Proof Regulations 2001."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

UK - workingtimeWORKING TIME REGULATIONS: Following a recent decision of the
European Court of Justice, the UK Government has amended the working time
regulations to provide that entitlement to paid annual leave accrues from
the first day of employment. Previously, leave did not accrue during a
worker's first 13 weeks. This meant that many short-term workers did not
enjoy any paid leave. See " Working  <http://www.bmck.com/gel/articles/UK -
Amend Working Time Regs.doc> Time."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

UK - IMPORTANT CONTRACTOR RULING IN EAT: The UK Employment Appeal Tribunal
(EAT) has recently ruled that the contract arrangements between the various
parties are of the utmost importance. In the case, an IT contractor set up a
personal service company as a vehicle for providing IT services. IT
specialist Hewlett-Packard contracted with an IT recruitment agency which
supplied an IT contractor to work for Hewlett-Packard. The IT contractor
subsequently claimed unfair dismissal against Hewlett-Packard. The EAT found
there to be no employment relationship between Hewlett-Packard and the IT
contractor. See " Hewlett-Packard
<http://www.bmck.com/gel/articles/UK-Hewlett Packard.doc> ."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

UK - GOVERNMENT ANNOUNCES PROPOSALS FOR TUPE REFORM: The UK Government
recently issued a consultation paper and some draft proposals for the reform
of TUPE. The UK regulations would implement the European Acquired Rights
Directive. Among the proposals are suggestions for the transfer of pensions.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

UK - EU DOMESTIC WORKS COUNCIL DIRECTIVE PROPOSALS CHANGED: Recently, UK
business leaders attacked a move by the European Parliament to reverse
concessions won when the UK agreed to the draft Domestic Works Council
Directive in June of 2001. The UK succeeded in having certain sanctions
removed against companies which failed to comply, and phased implementation
introduced. It appears that the sanctions have been reintroduced and
revisions for provisions implementation reversed.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

UK - CHRISTMAS TRUCE FOR ROYAL MAIL: On October 10, 2001, the UK's Royal
Mail and the main postal workers' union agreed to a truce to cover the
Christmas period in a further drive to improve their troubled relations. The
two groups will soon discuss plans to save ?1.2 billion in costs and cut up
to 15,000 jobs. See " Mail
<http://www.thetimes.co.uk/article/0,,5-2001352803,00.html> Truce."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

Africa_Middle_EastAfrica/Middle East	 top
CG - CONGO FIRES GHOST WORKERS: On October 5, 2001, authorities in Republic
of Congo suspended the salaries of more than 9,000 civil servants after a
government investigation discovered the positions did not exist. The 9,710
false names on the country's payrolls indicated massive fraud had taken
place within the government. See " Ghost
<http://www.news24.co.za/News24/Africa/Central_Africa/0,1113,2-11-39_1090348
,00.html> Workers."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

NG - LABOUR SEEKS END TO UNDUE REQUEST FOR EXTRA BUDGET: Nigerian workers
have recently described the federal government's fiscal problems as
embarrassing. The workers, under the guidance of the Nigerian Labour
Congress (NLC), have called on the National Assembly to deny approval of a
supplementary budget for the government due to its alleged inept handling of
workers' issues. See " Extra
<http://allafrica.com/stories/printable/200110030185.html> Budget Requests."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

NG - LABOUR PLANS PROTEST AGAINST FRESH WTO PACT: The president of the
Nigerian Labour Congress recently announced that Nigeria must reconsider its
role in the second round of agreements with the World Trade Organisation
(WTO). He argued that the WTO is useful for countries in the exporting
business, but Nigeria has nothing to do with exports and should not be a
part of the group. See " NLC Protests WTO
<http://allafrica.com/stories/200110080199.html> Pact."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

NG - CRISIS AT UNIVERSITY AS MORE JOIN STRIKE OVER PAY: On October 5, 2001,
a workers' strike halted operations at a Nigerian university. Non-teaching
staff at Egerton University joined a lecturers' strike demanding payment of
new house allowances. A university spokesman claimed the school was waiting
for additional funding before it implements a new salary scheme. See " More
Join  <http://allafrica.com/stories/printable/200110050403.html> Strike."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

UG - HOTEL WARNED ON LABOUR POLICY: Uganda's Minister of Tourism, Trade and
Industry has recently warned the management of Hotel Equatoria against their
allegedly anti-labour terms of employment. The Minister claims that their
employment policies have led to the intolerable suffering of workers. See "
Hotel  <http://allafrica.com/stories/200110080090.html> Warned On Labour
Policy."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

ZA - SOUTH AFRICAN BUSINESSES FORFEIT 900,000 DAYS TO STRIKES: On October 2,
2001, labour consultants announced that businesses in South Africa had lost
900,000 work days to strikes between July and September of 2001. This is
almost three times as many days that were lost during the same time in 2000.
See " Days
<http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i
d=ct20011002232520383N236424&set_id=60> Lost To Strikes."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

ZA - southafricaSOUTH AFRICA SEEKS NEW IMMIGRATION MEASURES TO ATTRACT
FOREIGN WORKERS: On October 1, 2001, the controversial Immigration Bill was
re-introduced in South Africa's Parliament after last minute changes to
detour legal action by the Home Affairs Minister. The bill is aimed at
attracting skilled foreigners to the country. See " Immigration
<http://www.news24.co.za/News24/South_Africa/0,1113,2-7_1087758,00.html>
Bill."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

ZA - BILLITON STRUCK BY UNION: On October 4, 2001, the National Union of
Metalworkers of South Africa announced a solidarity strike against Billiton
metals and minerals conglomerate. The dispute is over wages and working
conditions. See " Billiton
<http://www.busrep.co.za/html/busrep/br_frame_decider.php?click_id=345&art_i
d=ct20011004194013745P523172&set_id=60> And Globalisation."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

ZA - COSATU ISSUES STATEMENT ON THE U.S. ATTACK AGAINST AFGHANISTAN: On
October 8, 2001, the Congress of South America Trade Unions (COSATU) issued
a statement condemning the attack by the United States against Afghanistan.
COSATU claims the attacks add to a vicious cycle of violence and the world
should seek justice, not vengeance. See " COSATU
<http://www.cosatu.org.za/press/2001/COSATU_statement_on_the_US_attacks_on_A
fghanistan--27339.html> Condemns U.S. Attacks."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

ZA - SOUTH AFRICA INQUIRY OVER POISONED WORKERS: A formal inquiry has
recently begun into allegations that workers of a mining company in a remote
part of South Africa have been poisoned through unsafe working practices.
Union representatives claim a highly toxic mineral was used in the
production of the steel. The toxin allegedly caused illnesses, such as
bronchitis and asthma, in over 25% of employees over the last two years. See
" South
<http://news.bbc.couk/hi/english/world/africa/newsid_1588000/1588640.stm>
Africa Inquiry Over Poison."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

ZA - GOVERNMENT STANDS FIRM ON PAY RAISE: On October 10, 2001, public
service labour unions in South Africa were given another deadline to accept
the Government's three-year pay raise package. The majority insisted that
they would not give in without further negotiations. See " Union
<http://www.dispatch.co.za/2001/10/11/southafrica/AAGOVT.HTM> Negotiations."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

ZA - MASS FIRING FOR THEFT GOES TO COURT: Workers at South Africa's Snip
Trading have recently challenged a private arbitration award which upheld
the Johannesburg retailer's decision to dismiss all of its employees. The
retailer claims the employees are responsible for stock losses. See " Firing
<http://www.busrep.co.za/general/busrep/br_newsview.php?click_id=345&art_id=
ct20011010201006229N232627&set_id=60> Goes To Court."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

ZW - ZIMBABWE TEACHERS ASK FOR INCREASE: On October 6, 2001, Zimbabwe
officials announced they were waiting for an urgent cost of living
adjustment to cushion teachers from harsh economic conditions. The
Progressive Teachers Union is calling for a 100 to 120% salary increase
following the cost of living increase. See " Teachers Call For
<http://allafrica.com/stories/200110080076html> Increase."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

ZW - ZIMTA CALLS FOR AN END TO VIOLENCE AGAINST TEACHERS: On October 5,
2001, the national president of the Zimbabwe Teachers Association (ZIMTA)
called for the government to end the rising political violence against
teachers, especially in rural areas. The ZIMTA has previously criticised the
government for its inaction on the increasing violence against teachers by
suspected veterans and Zanu PF supporters. See " Teacher
<http://www.dailynews.co.zw/daily/2001/October/October9/2093.html> Violence
Continues."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

South_AmericaSouth America	 top
AR - ORDER SETS RATE FOR CALCULATION OF SOCIAL SECURITY CONTRIBUTIONS: A
recent Government Executive Order in Argentina outlines provisions which
regulate employers' social security contributions accrued from August 1,
2001. Employers have until October of 2001 to rectify their income tax
returns. See " Social  <http://www.bmck.com/gel/articles/Argentina-Reg
1095.doc> Security Provisions."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

AR - REMUNERATION FOR AGRICULTURAL WORKERS: Recently passed government
regulations require Argentine employers from the National Regime of
Agricultural Work to pay remuneration to their employees by depositing the
amount in the name of the employee to a qualified bank that has an automated
teller machine. See " MTEFRH  <http://www.bmck.com/gel/articles/ARGENTINA-
Direct Deposit.doc> 549/01."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

AR - DEBT CANCELLATION BONDS ISSUED BY BUENOS AIRES: On October 15, 2001,
the payment of national tax duties in Argentina by means of debt bonds
called "Patacones" will go into effect. See " Payment
<http://www.bmck.com/gel/articles/ARGENTINA - Patacones.doc> Of National
Taxes."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

AR - COMPETITION AGREEMENT APPROVAL: Recently, competition agreements for
the mechanical metal, food industries, passengers' transportation, iron and
steel workers, and the mining sectors have been approved by the Argentine
Government. See " Competition  <http://www.bmck.com/gel/articles/ARGENTINA -
Competition Agreements.doc> Agreements."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

BR - brazilAIRLINE UNION MAY STRIKE IN RESPONSE TO PLANNED JOB CUTS: On
October 1, 2001, the airline union representing workers at Brazil's Empresa
Brasileira de Aeronautica agreed to meet to discuss strike options in
response to planned job cuts by Embraer. Previously, Embraer had announced
that it would be cutting 1,800 jobs, almost 14% of its workforce, in
anticipation of billions of dollars in projected revenue losses. Embraer's
employees union, which represents 9,500 of the airline manufacturer's 13,000
employees, has not said when the strike may occur if action is approved.
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

BR - STUDENT PROTESTS TEACHERS STRIKE PLAN: A Brazilian student leader
mutilated his arm recently during a protest against a proposed teachers'
strike. The student attempted to speak at a meeting to discuss the action
and when denied the opportunity, pulled out a knife, and cut himself. See "
Student Protests  <http://www.ananova.com/news/story/sm_411357.html> Teacher
Strike Plan."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

BR - BRAZIL LOSES AN ACTIVIST AGAINST CHILD LABOUR: The International
Confederation of Free Trade Unions (ICFTU) claims the recent murder of
Carlos Alberto Santos de Oliveira was because of his ongoing political
battles to fight child labour and his tireless advocacy for rural workers
rights. The ICFTU has called on Brazilian authorities to fully investigate
his assassination. See " Warrior
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213360>
Against Child Labour Assassinated."  <mailto:ana.p.vizintini@bakernetcom>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

CR - COSTA RICAN PRESIDENT ACCUSES NICARAGUAN PRESS UNION OF ESCALATING
CONFLICT: Costa Rican President Rodriguez has recently accused Nicaraguan
journalists of being responsible for the conflict between the two countries
over a territorial dispute. A spokesperson for the Nicaraguan National Union
of Journalists noted that the offensive statement against journalists is
part of politicians' custom to attack the media and blame them for the
problems plaguing their governments. See " Press Union
<http://www.ifj.org/publications/press/pr/253.html> Accused Of Escalating
Conflict."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

PR - PERUVIAN MINING COMPANY DISMISSES UNION LEADERS AND REFUSES TO
NEGOTIATE: On October 1, 2001, the management of Peruvian mining company,
Iscaycruz, dismissed two union leaders and refused to negotiate with the
trade union as part of an alleged union-busting strategy. Representatives of
the International Metalworkers Federation (IMF) have called upon Iscaycruz
to reinstate any dismissed employees, and to begin negotiations for a new
collective agreement as soon as possible. See " Iscaycruz
<http://www.imfmetal.org/imf/main/main_text.cfm?show=news&ID=1487> Adopts
Union-Busting Tactics."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

North_AmericaNorth America	 top
CA - AIR CANADA LAY-OFFS DELAYED AS UNIONS PRESS FOR FEDERAL AID: On October
1, 2001, Air Canada announced it would delay lay-offs of 9,000 employees to
allow unions to press the government for job sharing and early retirement
packages that could mitigate lay-offs. See " Lay-offs
<http://www.torontostar.com/NASApp/cs/ContentServer?pagename=thestar/Layout/
Article_PrintFriendly&c=Article&cid=1001887364970> Delayed."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

CA - HANSEN BACKS CALL FOR CONTRACTING OUT: Canadian Health Minister, Colin
Hansen, recently announced his support for a British Columbia Liberal Party
policy that would require the government to contract out healthcare services
to private businesses. Such a move would have a dramatic impact on medical
workers. See " Businesses
<http://www.canada.com/search/site/story.asp?id=82F31B85-5760-4816-8051-C0CF
D7AF5D72> Called To Help Hospitals."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

CA - DRIVE TO PRIVATISE COULD BE HAZARDOUS: The president of the Ontario
Public Service Employees Union (OPSEU) recently declared that the Ontario
Government should stop its plans for licensing and examination services
because of potential risks to public safety and security. OPSEU is concerned
about both driver examinations being conducted competently and
professionally, and licensing offices' access to private information. See "
Drive To  <http://www.opseu.org/news/Press2001/oct2a2001.htm> Privatise
Raises Concerns."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

CA - CANADIAN NATIONAL UNEMPLOYMENT RATE UNCHANGED IN SEPTEMBER: On October
5, 2001, Statistics Canada reported Canada's national unemployment rate
remained unchanged at 7.2% for the month of September of 2001. The
unemployment rate is up by 0.4% in comparison to the rate in September of
2000. See " Labour
<http://www.statcan.ca/english/Subjects/Labour/LFS/lfs-en.htm> Force
Survey."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

CA - HIBERNIA OIL PLATFORM WORKERS VOTE FOR UNION: On October 9, 2001,
workers at the Hibernia Oil project off the eastern Canadian province of
Newfoundland voted in favor of organizing under a union banner, making it
what is believed to be North America's first unionized offshore platform.
See " Offshore
<http://news.findlaw.com/legalnews/s/20011010/n10177166.html> Oil Union."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

MX - NIKE FACTORY WORKERS PLAN TO UNIONIZE: According to labour rights
activists, an independent union at an apparel factory that supplies athletic
wear to Nike has recently been certified by a Mexican labour board and
signed a collective bargaining agreement with management. The 450 workers
hope their initiative will encourage other factory workers to follow. See "
Factory  <http://www.nandotimes.com/business/story/108918p-1228123c.html>
Workers Unionize."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - MINNESOTA UNION LEADERS AUTHORIZE STRIKE: On October 1, 2001, thousands
of Minnesota state workers began to strike after talks failed to resolve a
dispute over wages and health benefits. The strike involves 28,000
employees, the largest government work stoppage in the state's history and
the first since a 22-day strike in 1982. See " Minnesota
<http://news.findlaw.com/ap_stories/other/1110/10-1-2001/20011001095007350.h
t> State Workers Strike."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - DOT-COM JOB CUTS LOWEST IN 14 MONTHS: According to a new industry
report, the number of job cuts among dot-com companies fell below 3,000 in
September of 2001, a 14-month low. The decline in cuts suggests that the
dot-com sector is stabilizing, as many of the weaker firms no longer exist.
See " Dot-Com  <http://www.newsbytes.com/news/01/170672.html> Cuts Drop."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - NEW YORK REQUIRES PAID LEAVE FOR EMERGENCY SERVICE VOLUNTEERS: The New
York State Assembly recently enacted a law providing for paid leave for
American Red Cross-certified emergency service volunteers for time spent
participating in authorized disaster relief services up to 20 days per year.
The law covers civil service officers and employees as well as officers and
employees of municipal corporations and public authorities. See " S01518
<http://assembly.state.ny.us/leg/?bn=S01518> Summary."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - PERSONAL ANIMOSITY ARISING FROM FAILED RELATIONSHIP NOT ACTIONABLE
UNDER TITLE VII: Following the termination of her affair with an executive,
a plaintiff alleged that her supervisor gave her poor performance reviews
because the supervisor was friendly with the executive's wife. In a recent
decision issued by the U.S. Court of Appeals for the Eleventh Circuit, the
court held that such allegations did not state a claim for sexual harassment
under Title VII of the Civil Rights Act of 1964. The court noted that the
supervisor's actions were attributable to personal animosity and not sex
discrimination. See " Pipkins v. City of
<http://www.ca11.uscourts.gov/opinions.htm> Temple."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - COMPANIES EXAMINING PRIVACY POLICIES IN THE WAKE OF TERRORIST ATTACKS:
In the wake of the terrorist attacks on September 11, 2001, many companies
are re-examining their current privacy policies. Some companies are
concerned that they may have violated their own policies by handing over
data to law enforcement authorities without a court order or subpoena. See "
USA Privacy  <http://news.cnet.com/news/0-1005-200-7375378.html> Policies."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - amazonAMAZON AND EBAY BATTLE OVER EXECUTIVE: Amazon.com recently filed
suit against eBay over the defection of Amazon's former international CFO.
eBay claims that Amazon's employee non-competition agreement is "unlawful,
unfair, and fraudulent." The case is an important one for the dot-com
industry. See " Amazon-eBay
<http://news.cnet.com/news/0-1007-200-7388152.html> Fight."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

US - FEC APPROVES INTERNET PROPOSAL TO ALLOW SOME ACTIVITY WITHOUT
REGULATION: The U.S. Federal Election Commission ( FEC
<http://www.fec.gov/pdf/netnoi.pdf> ) recently advanced a proposed rule that
would allow companies and unions to express support for political candidates
on an Internet web site without violating campaign finance rules. The new
FEC Internet rule would allow a corporate or union web site to carry a press
release endorsing a candidate and would allow hyperlinks to candidate web
sites without restrictions. See " Internet Use For Campaign
<http://www.fec.gov/pages/internetuse.htm> Activity."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - CHAO ENCOURAGES AMERICANS TO FLY AND GET BACK TO BUSINESS: On October
3, 2001, U.S. Labor Secretary Elaine Chao was one of five Cabinet
secretaries to fly on a commercial aircraft. Chao said she was flying to
encourage Americans to get back to work and resume their lives because the
strength of America's economy relies on a flourishing airline industry. See
" Chao  <http://www.dol.gov/opa/media/press/opa/opa2001333.htm> Encourage
Americans To Fly."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - EagleEAGLE LOGISTICS WILL PAY US$9 MILLION TO SETTLE EEOC CLAIMS ON
BEHALF OF MINORITIES: On October 1, 2001, air freight forwarder Eagle Global
Logistics agreed to pay US$9 million to settle claims of discrimination
against minorities and women. The Equal Employment Opportunity Commission
(EEOC) filed the suit on behalf of minorities and women who alleged
violations of Title VII, Equal Pay Act, and the Age Discrimination in
Employment Act. See " Dube v. Eagle Global
<http://www.eeoc.gov/press/10-01-01.html> Logistics."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - CALIFORNIA GOVERNOR APPROVES MEASURE TO BOOST JOBLESS BENEFITS OVER
FOUR YEARS: On October 1, 2001, California Governor Davis signed legislation
to raise California's unemployment benefits for the first time since 1989,
with the first increase set for January of 2002. The maximum weekly jobless
benefits will rise from the current US$230 to US$330. Two more increases
will follow in 2003 and 2004. See " S.B.
<http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_40&sess=CUR&hous
e=S&author=alarcon> 40."  <mailto:[email-masked]>
matthew.schulz@bakernetcom or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - DOL ESTABLISHES OFFICE TO STUDY LABOR'S FUTURE: On October 1, 2001, the
U.S. Secretary of Labor issued an order that formally establishes and
provides funding authorization for an office that will examine how the U.S.
workforce can adapt to current and future challenges. See " Executive
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&doc
id=fr22jn01-128.pdf> Order 13218."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - ONLY NON-VESTED PARTICIPANTS COUNTED IN DETERMING PARTIAL TERMINATION:
The U.S. Court of Appeals for the Seventh Circuit recently ruled that only
non-vested participants should be counted when determining whether or not a
partial plan termination has occurred. The court rejected the argument of
the U.S. Internal Revenue Service and held counting vested participants
would not further the purposes of the partial termination statute. See "
Robert
<http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=7th&navby=case&no=00
1109&exact=1> J. Matz v. Household Int'l Tax."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - HOUSE ALLOWS RECOGNITION OF DOMESTIC PARTNER RIGHTS: The U.S. House of
Representatives recently defeated an amendment to a Washington, D.C.
spending bill that would have continued the current ban on using both
federal and local funds for domestic partnership benefits. If approved, the
final bill will allow same-sex couples to purchase healthcare for their
partners through employers. See " House Defeats
<http://www.hrc.org/newsreleases/2001/010925dcdp.asp> Amendment."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

US - PARAMEDIC SAYS HE LOST HIS JOB FOR HELPING ATTACK VICTIMS: On October
2, 2001, a Pennsylvania paramedic filed suit against his employer for
wrongful discharge after claiming he was fired for helping with rescue
efforts at the World Trade Center in September of 2001. See " Employee
<http://news.findlaw.com/legalnews/s/20011002/attackparamedic.html> Fired
For Helping Victims."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - DEPARTMENT OF LABOR PROPOSES NEW OBLIGATION FOR FEDERAL CONTRACTORS: On
October 1, 2001, the U.S. Department of Labor (DOL) issued proposed
regulations to require federal contractors and subcontractors to post
notices informing employees of their rights under federal law to pay less
than full union dues. The proposed regulations are an effort to implement
Executive Order 13201, which was signed by President Bush on February 17,
2001. That Order was designed to improve enforcement of the U.S. Supreme
Court's 1988 Beck decision, which held that it was unlawful for a union to
require as a condition of employment that employees pay full union dues,
including dues to support union political activities. See " Communications
<http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=48
7&invol=735> Workers v. Beck" and " Proposed
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&doc
id=01-24320-filed> Regulations."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - FORD SETTLES RACIAL HARASSMENT LAWSUIT: On October 3, 2001, Ford Motor
Co. agreed to settle a racial harassment lawsuit that included an allegation
that black employees faced threats of lynching in the workplace. The suit
claimed Ford failed to discipline a white employee who had been charged with
numerous acts of racial harassment directed at black co-workers. See " Ford
<http://news.findlaw.com/business/s/20011003/autosfordlawsuitdc.html>
Settles Suit."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - ELEVENTH CIRCUIT RULES THAT PRIOR INTIMATE RELATIONSHIP DOES NOT EXCUSE
SEXUAL HARASSMENT: An employee of Durango Steakhouse alleged that after she
terminated her relationship with her supervisor, he sexually harassed her
and subsequently had her terminated on false allegations when she complained
about the harassment. In a recent decision, the U.S. Court of Appeals for
the Eleventh Circuit held that the employee's allegations stated actionable
claims under Title VII of the Civil Rights Act of 1964. See " Lipphardt v.
Durango  <http://www.ca11.uscourtsgov/opinions.htm> Steakhouse of Brandon"
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - POLICEMAN FIRED FOR POSTING ANTI-ARAB E-MAIL: A police officer in
Georgia recently lost his job after sending an e-mail advocating the killing
of millions of Arabs and suggesting the United States eliminate the entire
Arab world if terrorism continues. See " Hate E-Mail
<http://www.wired.com/news/conflict/0,2100,47335,00.html> Results In
Firing."  <mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

US - NEW TRADE UNION RIGHTS WEB SITE DEBUTS: On October 1, 2001, a new trade
union web site was unveiled by Labor Rights Now!, a joint effort by the
United Auto Workers and American Federation of Labor-Congress of Industrial
Organizations. The mission of the web site is to provide updates on the
status of labor rights struggles throughout the world, as well as interviews
with international labor leaders and analysis of labor developments. Such
issues currently covered include action campaigns for Chinese and Burmese
prisoners, pursuit of justice for assassinated Colombian union activists,
and support for investigations into the disappearance of Thai labor leaders.
See " LaborRightsNow.org <http://www.laborrightsnow.org/> "
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

US - EMPLOYMENT INSTITUTE ARGUES MINIMUM WAGE HIKE WILL NOT SPUR ECONOMY: On
October 1, 2001, policy analysts at the Employment Policies Institute (EPI)
warned against plans to raise the existing minimum wage as a method to spur
the economy, saying it would have the opposite effect by actually stifling
economic growth and leading to further job losses. The Chief Economist of
EPI said that such measures would actually result in job losses for lower
income workers because of higher labor costs to employers while doing
nothing to reduce the level of poverty. The report released by the EPI said
that raising the minimum wage now, in a time period where there are massive
lay-offs and uncertain job security, would have a devastating effect on
low-skilled workers. See " Minimum
<http://www.epionline.org/release_minwage_10-1-2001.html> Wage Hike Will Not
Stimulate Economy."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - LABOR DEPARTMENT RELEASES INFO TO HELP JOBLESS WORKERS PRESERVE
BENEFITS: On October 2, 2001, the U.S. Department of Labor's Pension and
Welfare Benefits Administration (PWBA) posted information on its web site
regarding the preservation of health benefits to help workers that are
facing job losses. The PWBA published "Job Loss: Important Information
Workers Need to Know to Protect Their Health Coverage," as well as a
pamphlet which addresses the most common questions regarding health and
pension benefits upon being laid off. All information has been made
available in both English and Spanish on the PWBA web site. See " US DOL
Pension  <http://www.dol.gov/dol/pwba/welcome.html> And Welfare Benefits
Administration Web Site."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - FLORIDA STEAKHOUSE OWNER MUST PAY US$103,000 TO FIRED H-1B WORKER: The
U.S. Department of Labor's Administrative Review Board recently ruled that
an owner of a Japanese steakhouse must pay US$103,000 to a Venezuelan
citizen who was underpaid during his tenure as personnel manager for the
restaurant under the H-1B foreign workers' program. The Board ruled that the
restaurant owner illegally underpaid his former college roommate by
certifying on his H-1B application and visa petition that he would be paying
him US$30,000. Instead of paying the employee the full US$30,000, the
restaurant owner automatically deducted US$10,500 in living expenses, a
deduction not made known nor agreed to by the employee. See " U.S.
<http://www.oalj.dol.gov/public/arb/refrnc/09_2001.htm> Department of Labor
Administrative Review Board Web Site."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - POPCORN WORKERS GET RARE DISEASE: Eight employees at a Missouri
microwave popcorn plant recently developed a rare lung disease that
investigators believe was caused by breathing vapors from artificial butter
flavoring. Sixteen current and former employees have filed a workers'
compensation claim against the company. The group has also filed a
class-action lawsuit against a New York-based company that makes the popcorn
flavorings. See " Popcorn
<http://news.findlaw.com/ap_stories/f/1310/10-4-2001/20011004192843060.html>
Workers Get Rare Disease."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - NISSAN DENIES DIRTY ANTI-UAW TACTICS: On October 4, 2001, Nissan Motor
Co., Ltd. denied that it used an alleged campaign of fear and intimidation
to ensure that its Tennessee assembly plant would not become the first U.S.
auto plant fully owned by a foreign auto maker to join the United Auto
Workers union. The UAW claims that Japan's third-largest auto maker has not
done enough to match its promises of job security, pension, and health
benefits to hold sway over the plant workers. See " Nissan
<http://news.findlaw.com/legalnews/s/20011004/autosnissanunion.html> Denies
Anti-Union Tactics."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - FAIR LABOR ASSOCIATION NAMES FORMER AGRICULTURE SECRETARY AS CHAIRMAN:
On September 27, 2001, the Fair Labor Association (FLA) elected former U.S.
Agriculture Secretary Dan Glickman as chairman of the group, hailing his
human rights and free trade experience while in government. The FLA is a
conglomerate of representatives from apparel and footwear companies, human
rights and labor rights organizations, and universities that focus upon
improving factory conditions worldwide. The FLA has called upon companies to
commit to a code of conduct prohibiting forced labor, child labor, and
discrimination, as well as establishing health and safety standards. See "
Ex-Ag  <http://news.excite.com/news/ap/010927/17/glickman-labor-group>
Secretary Takes Fair Labor Job."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - NEW BIOMETRIC BORDER CROSSING CARDS TAKE EFFECT: On October 1, 2001,
the U.S. Immigration and Naturalization Services (INS) began implementing
legal requirements for biometric cards that will be used to cross the border
between the United States and Mexico. The cards have a photo and
machine-readable information that will be a replacement for old border
crossing cards, Form I-186 or I586. See " Laser
<http://www.ins.usdoj.gov/graphics/publicaffairs/newsrels/BCCRel.htm>
Visas."  <mailto:[email-masked]> [email-masked]
or  <mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - FREIGHTLINER UNION APPROVE REDUCTIONS: On October 4, 2001,
Freightliner's Union workers voted to accept reductions in pay and benefits,
hoping their sacrifices will keep the Portland, Oregon company afloat. The
possibility that Freightliner could pull out of Portland after nearly 60
years has prompted government officials to help save jobs as well. See "
Freightliner
<http://news.findlaw.com/ap_stories/f/1310/10-5-2001/20011005190517520.html>
Reduces Pay And Benefits."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - NEW EXTENDED UI BENEFITS PROPOSAL LIKELY TO RELY ON US$17 BILLION EUC
ACCOUNT: On October 4, 2001, U.S. President Bush announced plans to
temporarily make available 13 weeks additional unemployment insurance
benefits to unemployed individuals. The individuals are from states where
the total unemployment rate has increased 30% above the rate on September
11, 2001. The U.S. Department of Labor expects that the roughly US$17
billion Extended Unemployment Compensation account will be the source of
funding for the new emergency benefit plan. See " Temporary
<http://thomas.loc.gov/cgi-bin/query/D?c107:1:./temp/~c107QJRnfp>
Unemployment Compensation Act Of 2001."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - POST-TERRORIST ATTACKS IMMIGRATION ALERT: The recent proposals included
in the Anti-Terrorism bill introduced in the U.S. Congress could have severe
effects on non-U.S. citizens in the United States. Proposals include changes
in processing, domestic travel, travel to Mexico, and applications for labor
certification. See " Immigration  <http://www.bmck.com/gel/articles/US -
Immigration Alert1.doc> Developments."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert Date:
10/15/01

US - OSHA ANNOUNCES SAFETY TRAINING GRANT AWARDS: On October 4, 2001, the
Occupational Safety and Health Administration announced the award of
approximately US$10.6 million in job safety and health training grants. The
grants were awarded to 61 nonprofit organizations to provide training to
employees in high risk jobs, or in jobs affected by new safety standards,
including programs in construction, blood borne pathogens, ergonomics,
electrical power generation, transmission and distribution, and
hard-to-reach workers. See " Safety
<http://www.osha.gov/media/oshnews/oct01/national-20011004.html> And Health
Training."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

US - E-MAIL PRIVACY MEASURE VETOED IN CALIFORNIA: California Governor Gray
Davis has vetoed a bill from the state legislature that would prevent
employers in many situations from reading and monitoring their employees'
e-mail. Davis vetoed the bill under the rationale that while he supports
employees' rights to privacy, he is not interested in putting a regulatory
burden on businesses. See " E-mail Privacy Measure
<http://www.newsbytes.com/news/01/170966.html> Vetoed."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]
Alert Date: 10/15/01

US - EXPERTS FEAR CYBERSPACE TO BE TERRORISTS' NEXT TARGET: Alarmed by the
attacks of September 11, 2001, government and security experts say a
coordinated terrorist attack could topple the Internet, muting
communications and e-commerce and paralyzing businesses. Many are calling
for tougher laws against hackers and closer cooperation among agencies to
thwart attacks. Many experts assert that businesses are unprepared for such
attacks which could cost them millions and potentially close down their
operations. See: " Experts Fear  <http://www.usatoday.com/money/bcovtue.htm>
Cyberspace To Be Terrorists Next Target."
<mailto:[email-masked]> [email-masked] or
<mailto:[email-masked]> [email-masked]   Alert
Date: 10/15/01

US - DELAY IN RECORDKEEPING RULE PROVISIONS ANNOUNCED: On October 12, 2001,
the U.S. Occupational Safety and Health Administration published a notice in
the Federal Register that it was delaying for one year the effective date of
three provisions of its recordkeeping
<http://www.osha-slc.gov/FedReg_osha_data/FED20011012.html> rule. In
addition, the agency established interim criteria for the recording of
work-related hearing loss. The delayed provisions are the criteria for
recording work-related hearing loss; the definition of musculoskeletal
disorder (MSD); the requirement that employers check the MSD column on the
OSHA log for work-related MSDs; and the exemption for MSDs from privacy
concern requirements. These provisions will go into effect on January 1,
2003. OSHA has provided guidance materials, updated recordkeeping forms, and
instructions through its website
<http://www.osha-slc.gov/recordkeeping/index.html> . See " Recordkeeping
<http://www.osha.gov/media/oshnews/oct01/national-20011012.html> Rule
Provisions."  <mailto:[email-masked]>
[email-masked] or  <mailto:[email-masked]>
[email-masked]   Alert Date: 10/15/01

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