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Labour & Employment 2020 Labour & Employment 2020 Contributing editors Matthew Howse, Sabine Smith-Vidal, Walter Ahrens, K Lesli Ligorner and Mark Zelek © Law Business Research 2020 Publisher Tom Barnes [email protected] Subscriptions Claire Bagnall Labour & [email protected] Senior business development manager Adam Sargent Employment [email protected] Published by Law Business Research Ltd Meridian House, 34-35 Farringdon Street 2020 London, EC4A 4HL, UK The information provided in this publication Contributing editors is general and may not apply in a specific situation. Legal advice should always Matthew Howse, Sabine Smith-Vidal, Walter Ahrens, be sought before taking any legal action K Lesli Ligorner and Mark Zelek based on the information provided. This information is not intended to create, nor Morgan Lewis does receipt of it constitute, a lawyer– client relationship. The publishers and authors accept no responsibility for any acts or omissions contained herein. The information provided was verified between March and May 2020. Be advised that this is Lexology Getting The Deal Through is delighted to publish the fifteenth edition of Labour & a developing area. Employment, which is available in print and online at www.lexology.com/gtdt. Lexology Getting The Deal Through provides international expert analysis in key areas of © Law Business Research Ltd 2020 law, practice and regulation for corporate counsel, cross-border legal practitioners, and company No photocopying without a CLA licence. directors and officers. First published 2006 Throughout this edition, and following the unique Lexology Getting The Deal Through Fifteenth edition format, the same key questions are answered by leading practitioners in each of the jurisdictions ISBN 978-1-83862-357-9 featured. Our coverage this year includes new chapters on Angola, Belgium, Ghana, Israel, Kenya, Myanmar, Netherlands, Poland, Slovenia, Turkey and Zambia. Printed and distributed by Lexology Getting The Deal Through titles are published annually in print. Please ensure you Encompass Print Solutions are referring to the latest edition or to the online version at www.lexology.com/gtdt. Tel: 0844 2480 112 Every effort has been made to cover all matters of concern to readers. However, specific legal advice should always be sought from experienced local advisers. Lexology Getting The Deal Through gratefully acknowledges the efforts of all the contributors to this volume, who were chosen for their recognised expertise. We also extend special thanks to the contributing editors, Matthew Howse, Sabine Smith-Vidal, Walter Ahrens, K Lesli Ligorner and Mark Zelek of Morgan Lewis, for their continued assistance with this volume. London May 2020 Reproduced with permission from Law Business Research Ltd This article was first published in June 2020 For further information please contact [email protected] www.lexology.com/gtdt 1 © Law Business Research 2020 Contents Global overview 5 Denmark 92 Mark E Zelek Yvonne Frederiksen Morgan Lewis Norrbom Vinding Conducting global investigations amid uncertainty: Egypt 101 a practical guide 7 Mahmoud Ahmed Belal and Richard G Tibichrani Louise Skinner, Keir Baker, Rebecca Kelly and K Lesli Ligorner Eldib Advocates Morgan Lewis Finland 106 Angola 11 Pekka Kiviniemi and Tuuli Willgren Nuno Gouveia, Joana D'Azevedo Cunha, Carolina Bonina Cariano and Kalliolaw Asianajotoimisto Oy Elieser Corte Real Miranda Alliance France 114 Sabine Smith-Vidal and Charles Dauthier Argentina 20 Morgan Lewis Mercedes Balado Bevilacqua and Analía Durán MBB Balado Bevilacqua Abogados Germany 125 Walter Ahrens Australia 30 Morgan Lewis Joydeep Hor People + Culture Strategies Ghana 137 Paa Kwesi Hagan and Joshua Hormenoo Bangladesh 38 Globetrotters Legal Africa Tanvir Quader and Maliha Ahmed Vertex Chambers Greece 145 Christos Theodorou, Maria Kloni and Viktoria Chatzara Belgium 44 Rokas Law Firm Chris Van Olmen Van Olmen & Wynant Hong Kong 154 Vivien Chan and Patty Chan Brazil 53 Vivien Chan & Co Ana Lúcia Pinke Ribeiro de Paiva, Flavia Sulzer Augusto Dainese and Marília Chrysostomo Chessa India 162 Araújo e Policastro Advogados Rohit Kochhar Kochhar & Co China 66 K Lesli Ligorner Indonesia 171 Morgan Lewis Fahrul S Yusuf SSEK Indonesian Legal Consultants Colombia 77 Vicente Umaña Carrizosa and Isabella Gandini Ireland 179 Holland & Knight LLP Louise O'Byrne and Sarah Faulkner Arthur Cox Costa Rica 84 Alexander Godínez Vargas Israel 187 Bufete Godinez & Asociados Netta Bromberg Barnea Jaffa Lande 2 Labour & Employment 2020 © Law Business Research 2020 Contents Italy 193 Philippines 299 Angelo Zambelli Ronald Mark C Lleno, Emmar Benjoe B Panahon, Mark Kevin U Dellosa Grimaldi Studio Legale and Hans Cedric I Santos SyCip Salazar Hernandez & Gatmaitan Japan 205 Motoi Fujii and Tomoko Narita Poland 308 TMI Associates Daniel Książek, Wojciech Bigaj and Paweł Krzykowski Baran, Książek, Bigaj Kazakhstan 218 Klara A Nurgaziyeva, Marat Mukhamediyev and Zhamilya Bilisbekova Portugal 317 Morgan Lewis Joana Almeida Morais Leitão, Galvão Teles, Soares da Silva & Associados Kenya 227 Desmond Odhiambo and Peter Mutema Puerto Rico 325 Kieti Advocates LLP Melissa C Rodriguez Morgan Lewis Luxembourg 234 Guy Castegnaro, Ariane Claverie and Christophe Domingos Russia 337 Castegnaro Bela Pelman and Dmitry Dmitriev Morgan Lewis Malaysia 248 Selvamalar Alagaratnam, Siva Kumar Kanagasabai and Foo Siew Li Singapore 347 SKRINE Ian Lim, Nicholas Ngo and Elizabeth Tan TSMP Law Corporation Mexico 256 Humberto Padilla Gonzalez Slovenia 364 Morgan Lewis Martin Šafar and Polona Boršnak Law firm Šafar & Partners Monaco 263 Sophie Marquet and Florence de Guzman de Saint Nicolas South Korea 371 CMS Ja-Hyeong Ku, Jane Young Sohn, Kwang-Sun Lee and Young-Hwan Kwon Jipyong Myanmar 271 Lester Chua and Min Thein Sweden 379 Rajah & Tann Asia Robert Stromberg and Maja Kjellander Advokatfirman Cederquist KB Netherlands 278 Eric van Dam, Wouter Engelsman and Dennis Veldhuizen Switzerland 388 CLINT | Littler Roland Bachmann, Cristina Solo de Zaldivar, Milena Münst Burger, Sébastien Gobat, Yannick Hostettler and Fatma Zencirkiran Nigeria 285 Wenger Plattner Kunle Obebe Bloomfield Law Thailand 396 Pisut Rakwong and Wayu Suthisarnsuntorn Norway 291 Pisut & Partners Tore Lerheim and Ole Kristian Olsby Homble Olsby | Littler Turkey 404 Sinem Birsin and Beril Çelebi Cem Inanici Tekcan Law Office www.lexology.com/gtdt 3 © Law Business Research 2020 Contents United Arab Emirates 412 Charles S Laubach and Zahra Zaidi Afridi & Angell United Kingdom 422 Lee Harding and Matthew Howse Morgan Lewis United States 432 Thomas F Hurka, David A McManus and Michelle Seldin Silverman Morgan Lewis Zambia 443 Misozi Hope Masengu and Nchimunya Mwale Novus HM Legal Practitioners 4 Labour & Employment 2020 © Law Business Research 2020 Russia Bela Pelman and Dmitry Dmitriev Morgan Lewis LEGISLATION AND AGENCIES Enforcement agencies 3 What are the primary government agencies or other entities Primary and secondary legislation responsible for the enforcement of employment statutes and 1 What are the main statutes and regulations relating to regulations? employment? The Federal Service for Labour and Employment, including its territorial In Russia, employment matters are regulated at both the federal and bodies, is the primary governmental agency responsible for the enforce- regional levels; however, federal level has primacy. The key federal stat- ment of employment statutes and regulations. It can impose fines or utes are the: other liability measures on entities and their officers who are responsible • Constitution; for violations of employment laws. • Labour Code; The general prosecutor’s office and its territorial bodies ensure • Federal Law on Trade Unions, their Rights and Guarantees of observance of human rights and freedoms and can also enforce employ- their Activity; ment laws to restore the rights of violated employees. They can also send • Federal Law on Employment of the Population of the Russian representatives to participate in court proceedings on unfair dismissal Federation; claims of employees. Employees could challenge employers’ actions • Federal Law on Legal Status of Foreign Citizens in the Russian to both the prosecutor’s office and the Federal Service for Labour and Federation; and Employment. • Federal Law on Amendment of Certain Legal Acts of the Russian Trade unions may create inspectorates to monitor compliance Federation. with employment laws, employers’ policies relating to labour issues and the terms of collective arrangements and agreements entered In addition to the above-listed laws, there are also industrial and into by employers and employee representatives. For example, trade regional agreements, applicable to employers of a particular industry union inspectors can present demands to employers that operations be or operating in a particular region. Such agreements may set forth suspended in the event of an imminent threat to the lives and health of enhanced employment guarantees, such as increased minimum wages, workers and take part in investigations of industrial accidents. mass lay-off criteria and employment benefits (eg, outplacement obliga- tions, additional payments to employees on particular occasions and WORKER REPRESENTATION other obligations). Legal basis Protected employee categories 4 Is there any legislation mandating or allowing the 2 Is there any law prohibiting discrimination or harassment in establishment of employees’ representatives in the workplace?
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