Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States. The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world. Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.
Contents: PART I: INTRODUCTION A. Sketches of Five Labor and Employment Law Systems B. Some Demographic Context PART II: EMPLOYEE VOICE: COLLECTIVE BARGAINING, CO-DETERMINATION, INFORMATION SHARING AND CONSULTATION Introduction Directive 2002/14 EC [Information Sharing and Consultation] Problem 1: Collective Bargaining and a New 'Greenfield' Facility Problem 2: Restructuring Workplace Operations Problem 3: Consultation on 'Eco-friendly' Issues PART III: DISCRIMINATION IN EMPLOYMENT Problem 4: Shift to Part-time Workers A Note on the Casualization of Work Problem 5: Request to Pray Three Times a Day Problem 6: Hiring a Woman Who is Pregnant PART IV: PRIVACY, DIGNITY, AND AUTONOMY A Note on the Concept of Personality Problem 7: Background Checks Problem 8: Video Cameras and Monitoring in the Workplace Directive 95/46 EC [Data Protection] Problem 9: Dating Policy A Note on Dignity: The Case of Captive Audition PART V: WRONGFUL DISCHARGE A Note on Wrongful Discharge Litigation Problem 10: Outsourcing Abroad Problem 11: 54 year Old 'Underperforming' Salesman Problem 12: Critical Blog Comments Posted by an Employee Problem 13: Confidential Securities Hotline A Concluding Note on Alternate Dispute Resolution PART VI: COMPENSATION AND BENEFITS ADMINISTRATION Problem 14: Share Ownership and Common Supplementary Pension Scheme Problem 15: Pay for Members of a Virtual Team Problem 16: Government Imposed Executive Compensation Restrictions Problem 17: Non-competition and Confidentiality Agreement PART VII: GLOBAL SUPPLY CHAINS AND LABOR STANDARDS Problem 18: Requested Waiver of Inspections Problem 19: Global Safety Problem 20: Zero Tolerance Policy Problem 21: Signing an International Framework Agreement PART VIII: IN LARGER COMPARATIVE CONTEXT A. Legal Origin, Legal Family B. Legal Culture C. Political Economy: Varieties of Capitalism D. National Values E. Legal Transmission and Transplantation F. The Diffusion of Corporate Culture and Managerial Practice G. Implications for Policy and Practice.
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