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Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws

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Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws 2009 Edition Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome. © Baker & McKenzie 2009 All rights reserved. This publication is copyright. Apart from any fair dealing for the purpose of private study or research permitted under applicable copyright legislation, no part may be reproduced or transmitted by any process or means without the prior permission of the editors. Save where otherwise indicated, law and practice are stated in this volume as at August 2008. IMPORTANT DISCLAIMER: The material in this volume is of the nature of general comment only and is not intended to be a comprehensive exposition of all potential issues arising in the contest of a cross-border or multi-jurisdictional transaction, nor of the law relating to such issues. It is not offered as advice on any particular matter and should not be taken as such. Baker & McKenzie, the editors and the contributing authors disclaim all liability to any person in respect of anything done and the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or part of this volume. Before action is taken or decision not to act is made, specific legal advice should be taken in light of the relevant circumstances and no reliance should be placed on the statements made or documents reproduced in this volume. Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. Contributors Aliagha Akhundov Catherine C. Franco Baku Manila Nasser Alfaraj François Gabriel Bahrain Brussels Sten Bauer Ignacio Garcia Stockholm Santiago Karin W.M. Bodewes Sarah Gregory Amsterdam London Julia Borozdna Fermin Guardiola Moscow Madrid Paul Brown Emily P. Harbison Sydney Houston Frederick Burke Jonathan Isaacs Ho Chi Minh City Hong Kong Maria Teresa Candel Gilles Jolivet Madrid Paris Tatiana Garcés Carvajal Hiroshi Kondo Bogota Tokyo Hercules Celescuekci Karin Konstantinovová Sao Paulo Prague Brian Chia Andreas W. Lauffs Kuala Lumpur Hong Kong Kenneth L. Chua Simone Liebmann-Slatin Manila Vienna Kevin B. Coon Manuel Limon Toronto Mexico City Mirjam A. de Blécourt Emma Mailer Amsterdam Hong Kong Manuel Díaz Mujica Seraphim Mar Caracas Taipei i Daniel Matthews Leticia Ribeiro Baku Sao Paulo Marina Murray Abdulla Sahwan London Bahrain Scott M. Nelson Stewart D. Saxe Houston Toronto Winnie Ng Nia Sujani Hong Kong Jakarta Thuy Hang Nguyen Pal Takacs Ho Chi Minh City Budapest Christine O’Brien Anurat Tiyaphorn London Bangkok Daniel Orlansky Bernhard Trappehl Buenos Aires Munich Magdalena Berg Suriyong Tungsuwan Stockholm Bangkok Jérémie Paubel Alex Valls Paris Barcelona Uberto Percivalle Jennifer Van Dale Milan Hong Kong Rene Perez-Ruiz Alexander Wolff Tijuana Berlin Kelvin Poa Adeline Wong Singapore Kuala Lumpur Sylwia Puzynowska Wei Kwang Woo Warsaw Kuala Lumpur Peter Reinert Takayuki Yamada Zurich Tokyo Evgeny Reyzman Gil Roberto L. Zerrudo Moscow Manila ii Table of Contents Argentina . .1 Introduction . 1 Terminations. 2 Employment Discrimination . 9 Sexual Harassment . 14 Australia . .17 Introduction . 17 Terminations . 18 Republic of Austria . .22 Introduction . 22 Terminations And Dismissals . 23 Employment Discrimination . 28 Sexual Harassment . 30 Azerbaijan . .31 Introduction . 31 Termination of Employment . 31 Employment Discrimination . 39 Sexual Harassment . 40 Belgium . .41 Introduction . 41 Terminations . 42 Employment Discrimination . 50 Sexual And Moral Harassment . 51 Brazil . .53 Introduction . 53 Terminations . 54 Employment Discrimination . 57 Sexual Harassment . 60 Canada . .63 Introduction . 63 Terminations . 63 Employment Discrimination . 70 Sexual Harassment . 75 Chile . .79 Introduction . 79 Terminations . 79 Employment Discrimination . 83 Sexual Harassment . 84 The People’s Republic of China . .86 Introduction . 86 Terminations. 87 iii Employment Discrimination . 95 Sexual Harassment . 100 Colombia . .102 Introduction . 102 Termination . 102 Employment Discrimination . 111 Sexual And Labor Harassment . 112 Czech Republic . .115 Introduction . 115 Terminations . 115 France . .123 Introduction . 123 Terminations . 123 Employment Discrimination . 141 Sexual Harassment . ..
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