The Organisation for Multinational HRM
There has been a 6,000% increase in the number of multinational organisations in the last 50 years. With this has come a sharp fall in the average size of multinationals – from over 20,000 employees to around 350 employees today. This means that organisations with far less internal resources at their command now have to operate in the highly risky and complex cross-border business environment.
In particular, running a multinational HR Department is getting tougher by the day. Speed is of the essence and there is a big premium on reducing uncertainty. Unfortunately, conventional ways to stay in control are lagging behind. corporate counsel is not always around when you need them and if you call your law firm you have to join their call back list. Then there is the constant nagging doubt that the information provided is not really spot on, or up to date. Come quarter end there is the law firm bill with every minute expensive and accounted for.
There is another way to stay on top and reduce the pressure – take advantage of FedEE’s employment law services. We have a huge database of laws you can consult, with our own practical summaries of the legal obligations you must meet – from working time – to business transfers – to data protection. Unlike in “free guides”, our data is kept up to date on a daily basis and we have a fast legal helpline covering over 100 countries that can be accessed by member companies through a single call.
Unlike law firms too, our objective is to educate HR professionals to achieve a greater degree of self-help. To cut through the needless mystification of the legal world and come to their own views on how to act. A conventional lawyer is bound up in just one jurisdiction, but we are constantly dealing with multiple jurisdictions. We are also amongst the first in the world to spot trends and alert our members about the legal developments that may soon confront them and how seemingly innocent decisions can expose them to liability.
In most multinational HR departments there is someone in a senior position who is concerned with updating policies, reviewing employment contracts and giving internal advice on how to handle day to day legal problems. We know from member surveys that this function is not fully recognised or adequately trained – and therefore FedEE has set up its own advanced legal training course for HR professionals and even given this role a name – “HR Counsel”.
Legal compliance is becoming more important as multinational company’s seek to minimise litigation, more closely protect reputations and demonstrate their integrity in the face of challenges from government, anti-globalisation campaigners and the sheer intensity of competition itself. Our aim is to keep you out of court, reduce needless time wasted waiting for a lawyer to get back to you and provide practical answers that will allow you to move onto other priorities.
About Us
A brief history of the Federation up to the present day.
Employment Law
Differing employment rights and obligations around the world.
Remuneration and IR
Key reward and people management issues.
Compliance
Ensuring policies and practices are lawful and rooted in good HR standards.
Travel Warnings
PLEASE NOTE: Due to the significant risk of abduction and deception by taxi or even private hire services, the best practice for companies sending executives or professionals to countries where they do not have representatives is to arrange for a registered guide to meet visitors at airports or rail stations. This will add to the visit cost, but in some locations the daily cost of a guide can be relatively low. To secure a guide, we suggest that only those registered with a national association affiliated to the WFTGA be used. Official guide costs can range from US$18 in Indonesia, US$32 in India and US$52 in Columbia to US$137 in Prague, US$363 in Munich and US$369 in Tokyo. Airport pick-ups are a normal part of a guide’s service and many will also offer interpretation and secretarial assistance.
PAKISTAN: Monsoon rains have so far claimed 88 lives and injured 158 across the country.
NIGERIA: The Independence Day celebration will be held on October the 1st. Be careful about all gatherings on this day outside Lagos.
BRAZIL: Exercise great caution anywhere in the country as the deaths related to military intervention or other forms of violence (particularly in Rio de Janeiro) has increased significantly.
CAMEROON: Presidential election voting will take place on the 7th of October. You should exercise a high degree of caution due to a possible rise in violence at this time.
UK: London Underground train drivers on the Piccadilly Line which serves Heathrow Airport will walk out for 48 hours from noon on September the 26th, as well as for another 5 hours from 8.30pm on September the 28th.
ECUADOR: Avoid non-essential travel to Montañita due to violent attacks and sexual assaults against foreign women travellers. Avoid all travel to the province of Carchi (except the city of Tulcán), the province of Sucumbíos, the town of San Lorenzo, located in the north of the province of Esmeraldas due to the presence of drug traffickers and criminal organizations.
MALAWI: Stay vigilant in the country due to crime.
INDIA/THAILAND: Air India has suspended its direct flight service from Bhubaneswar to Bangkok in Thailand until September the 30th.
MAURITANIA: Due to the threat of terrorism, visitors are advised to avoid all non-essential travel to this country.
MALI: Please avoid all travel to Mali (including the capital, Bamako), due to the threat of terrorism and banditry.
HONDURAS: Do not travel to Gracias a Dios Department due to crime. A mumps epidemic has prompted a state of emergency in the country. There have been over 5,000 cases reported since January 2018.
NICARAGUA: Reconsider travel to the country due to crime and civil unrest.
NEW CALEDONIA: An independence referendum will be held on November the 4th. Please avoid crowds and all public places during this time.
SOUTH AFRICA: Please exercise increased caution in the country due to crime, civil unrest, and drought.
MEXICO: Aeromexico pilots will launch industrial action on the 1st of October over the airline’s decision to suspend some employee benefits after a crash in northern Mexico in late July.
KUWAIT: Aviation authorities has suspended the license of Wataniya Airways for 3 months, effective as of September the 6th.
PHILIPPINES: Philippine Airlines will temporarily suspend flights from Manila to Caticlan until October the 26th.
THAILAND: Avoid all travel to and through Narathiwat, Pattani, Songkhla (including the city of Hat Yai), Yala due to criminally and politically motivated violent incidents.
BURUNDI: Please reconsider travel to Burundi due to crime and armed conflict.
EUROPE: Scandinavian Airlines has cut 1,500 flights for the winter season.
CUBA: Attacks have occurred on U.S. diplomatic residences (including a long-term apartment at the Atlantic) and at Hotel Nacional and Hotel Capri in Havana. Please exercise increased caution, especially if you are a US citizen.
LAOS: The monsoon season in Laos runs until October. You should be aware of elevated risks of flooding and landslides.
KUWAIT: Old Kuwaiti passports became invalid as of July the 1st 2018. Kuwaiti nationals must hold new e-passports before leaving the Gulf Cooperation Council (GCC) to avoid travel difficulties.
BURKINA FASO: A constitutional referendum is scheduled during March 2019 and could be associated with public violence.
EGYPT: Security forces have killed 5 militants in the Akhmim district in Sohag province, 390 kilometers south of the capital Cairo. The country has been under a state of emergency since April of last year.
PAKISTAN: The government has stopped the VIP protocol given by the Federal Investigation Agency (FIA) to influential people including politicians, judges, leading businessmen and military officials at airports across the country. We strongly recommend that private security arrangements are made for any personnel visiting the country as abductions are a constant threat and the threat of violence on foreign visitors who are not of Pakistani origin is high.
VENEZUELA: As of August 20, 2018, Venezuela reported 3,545 confirmed cases of measles, including 62 deaths. Additionally, 10 other countries in South America have reported a total of 1,459 cases, with 6 deaths.
GEORGIA(CAUCASUS): Visitors are advised to have a valid travel insurance policy – as airlines at check-in or immigration authorities may ask to provide evidence of this upon arrival in the country.
MALI: Do not travel to this country due to very high levels of crime and the strong threat of terrorism.
LAOS: Visitors are advised to avoid all travel to Xaisomboun Province due to the tense security situation and random shooting incidents.
BAHRAIN/QATAR: Bahraini Ministry of Interior has announced the suspension of the issuance of entry visas for Qatari nationals, excluding students in the kingdom and those who currently have valid visas.
GUINEA-BISSAU: Reconsider travel to this country due to high levels of crime and civil unrest.
LIBYA: Do not travel to this country under any circumstances due to crime, terrorism, civil unrest, and armed conflict.
MONTENEGRO: Please take special note that visitors must register with local police within 24 hours of their arrival in the country.
MOROCCO: Royal Air Maroc (RAM) has reached an agreement with the AMPL union, ending a month-long partial strike of its pilots.
UK: Expect train disruptions from the August 25th on the Manchester-Bolton-Preston line due to a railway line upgrade.
PHILIPPINES: The local authorities in Palawan have recently warned the public of a heightened risk from kidnapping. Martial law is in place across the whole of Mindanao until the 31st of December 2018. There may be curfews and frequent checkpoints.
UGANDA: Please exercise great caution, especially as a foreign visitor. There were reports of shootings and violent demonstrations in Arua on the 13th of August and similar incidents are possible at any time.
ETHIOPIA: You should exercise caution and take local advice if you are travelling to the Ethiopian Somali Regional State, including the cities of Jijiga and Dhegahbur as there were reports of severe civil unrest, protests and violence on the 4th of August 2018.
CONGO: The Minister of Health declared an outbreak of Ebola Virus Disease (EVD) on August the 1st 2018, following confirmation of 4 cases of Ebola in the Mabalako health zone of the territory of Beni, North Kivu province, Eastern DRC.
TUVALU: The cyclone season is normally between November and April. but cyclones can occur throughout the year.
ECUADOR: Visitors are advised against all but essential travel to all other areas of Esmeraldas province outside the existing 20km exclusion zone along the border with Colombia due to a risk of kidnapping and a high risk of crime.
VENEZUELA: Visitors are advised against all travel to within 80km (50 miles) of the Colombian border in the states of Zulia, Tachira, Barinas, Apure and Bolívar; within 80 km (50 miles) of the Colombian border in Amazonas state as far south as 100 km (62 miles) south of Puerto Ayacucho; within 40km (25 miles) of the rest of the Colombian border due to a risk of kidnapping.
CHAD: Reconsider travel to this country due to crime, terrorism, and minefields.
EUROPE: Primera Air is ceasing operations from Birmingham Airport to Alicante, Tenerife, Las Palma, Reykjavik and Malaga from the 29th of October. Services between Birmingham and Palma de Mallorca and Barcelona will be cancelled from the 3rd of September.
COMOROS: Exercise increased caution in all parts of the country due to civil unrest.
DJIBOUTI: Visitors are advised against all travel to the border with Eritrea due to possible conflict and the fragile political situation.
LAOS: Visitors are advised avoiding all travel to Xaisomboun Province due to the tense security situation and random shooting incidents.
HONDURAS: Please exercise a high degree of caution in the country due to demonstrations and an upsurge in already high levels of violent crime.
PAPUA NEW GUINEA: Exercise increased caution in Papua New Guinea due to crime, civil unrest, and a recent serious polio outbreak.
KAZAKHSTAN/TURKMENISTAN: The border between Kazakhstan and Turkmenistan is currently closed to traffic. Please seek alternative routes, such as via Uzbekistan, until further notice.
UZBEKISTAN: The international “Urgench” airport in Uzbekistan is now closed due to technical reasons and high surface temperatures.
BURUNDI: Visitors are advised against all travel to the country, due to the unpredictable security situation, potential violent civil unrest, the threat of terrorism and violent crime.
MEXICO: Please note that from the 16th of July 2018, British consular services in Mexico City will be operating from the British Embassy at Río Lerma 71, Col. Cuauhtémoc, 06500.
SINGAPORE: Drunk and disorderly conduct is a serious crime in the country. Offenders will be fined or face imprisonment, and/or corporal punishment (caning).
MOLDOVA: Stay vigilant in Transnistria due to the unresolved conflict between this breakaway region and the central government.
MAURITANIA: Avoid nonessential travel to the country due to the threat of terrorism.
COLOMBIA: Exercise increased caution in Colombia – due to crime and terrorism.
SOUTH SUDAN: Violent crime, such as carjackings, shootings, ambushes, assaults, robberies, and kidnappings are common throughout the country, including the capital city Juba.
GUYANA: Visitors are advised to avoid travel to and from Georgetown Cheddi Jagan international airport late at night and before dawn due to possible attacks by gangs.
MONGOLIA: Only a few specified land border crossings are open to foreigners. If you wish to travel to zones of up to 100km inside the border, you must get permission from the State Frontier Guard Authority.
BELIZE: Avoid mosquito bites, particularly between dawn and dusk – as there is a risk of the dengue disease in this country.
MONTSERRAT: Be mindful that the hurricane season in the Caribbean runs from June to November.
HAITI: Avoid nonessential travel to the neighborhoods of Martissant, Carrefour, Bel Air and Cite Soleil, in the Port-au-Prince area due to the unstable and dangerous security situation.
INDIA: Please avoid travelling in the immediate vicinity of the border with Pakistan.
PAPUA NEW GUINEA: A nine-month state of emergency has been declared in the country following significantly increased levels of tribal fighting. Visitors are advised against all but essential travel to Hela and Southern Highlands provinces.
UAE: Please be aware that all air and sea points of entry between UAE and Qatar were closed on the 6th of June 2017.
NICARAGUA: American Airlines has suspended flights between the cities of Managua and Miami for security reasons.
MOZAMBIQUE: Visitors are advised against all but essential travel to the districts of Palma, Mocimboa de Praia and Macomia in Cabo Delgado province because of an increase in attacks by groups with links to Islamic extremism.
ESWATINI: Swaziland has officially changed its name to “the Kingdom of eSwatini”.
INDONESIA: Due to the regular occurrence of violent incidents, visitors are advised to avoid non-essential travel to the province of Papua.
BURMAN/MYANMAR: Visitors are advised against all but essential travel to Paletwa township, in southern Chin State and Kachin State (except the towns of Myitkyina, Bhamo and Putao) because of widespread armed conflict.
A Very Modern Dilemma
Employers across the USA continue to struggle with the rights and obligations dilemma about whether – and how much – they can control the use of marijuana before and during working time.
Although 31 US states permit its medical use, its recreational use is permitted in ten states (plus DC) and decriminalised in 13 others, it remains a schedule one substance and it is still technically unlawful to trade or consume it under federal law. But since 2014 the Rohrabacher–Blumenauer amendment has prevented federal authorities from fiscal interference with the application of state cannabis laws. The amendment must be reaffirmed each year and a DOJ memorandum on state freedoms in the matter was withdrawn earlier this year.
So where does this leave employers? Many still include the drug on their list of banned substances, but labour shortages are encouraging many to drop marijuana from the drug tests they require at the hiring stage. This is partly also because of successful prosecutions of employers in Massachusetts, Connecticut and Rhode Island for withdrawing job offers due to positive tests for cannabis. Maine has also led the way in making it unlawful for employers to dismiss a worker for cannabis use outside the workplace.
Employers should, however, not forget that what applies to alcohol, also at least applies to marijuana – which is a far more dangerous and unpredictable intoxicant. Under OSH rules they must operate a workplace free from serious recognized hazards and one of the most serious hazards is the mental state of fellow employees. It will be unfashionable to take a hard line on residual marijuana levels in an employee’s bloodstream – but duty of care must come before popularity.
Africa / Middle East
Latest News
Q&A: Spain
Q&A: Italy
Q&A: Romania
Brussels & Rome rules
The Long Road to Ethical Compliance
Although the UK has had a powerful code of corporate governance since the early 1990s these have taken longer to establish in the rest of the world, especially the USA. However, in 2017 along came two competing US codes. The “Commonsense Principles of Corporate Governance(CPCG)” and “Corporate Governance Principles for US listed Companies (CGPLC)”. These differ significantly – especially over executive pay which is barely covered by the CGPLC. Yet the main thing they have in common is the absence of any external mechanism for enforcement.
This contrasts with the UK where, back in1992 there was introduced by the Cadbury Committee the principle that companies should “comply or explain” – a principle that was backed by the UK Stock Exchange and latterly the Financial Reporting Council (FRC).
Where a code of corporate ethics exists it normally covers a range of purely governance issues such as the rights of shareholders, the operation of the Board, the role of the CEO and audit procedures. However, increasingly they include issues that are of direct concern to the HR function. Take, for instance, the Brazilian Institute of Corporate Governance Code. This includes references to CEO and Board remuneration, the management of employees and their representatives and a range of ethical principles about such matters as bribery, receiving and giving gifts, discrimination, sexual harassment, workplace safety, employee privacy, substance abuse and child labour.
Ethical codes are increasingly embracing employment-related fields and applying to those below Board level. But how many HR professionals take into account corporate codes when they review their company policies? read more
The Americas
Latest News
Q&A: Hong Kong
Q&A: Cyprus
Q&A: Sri Lanka
The Fluid Workforce
The Shape of Things to Come
There will be several important trends in the field of employment law over the next 3-5 years – and they will have a profound impact on employment levels and employability.
Litigation will be going underground as an increasing number of employment contracts contain mandatory arbitration clauses. There will therefore be less case law upon which to base legal opinion. It will also become lawful to include clauses prohibiting participation in “class action” law suits – this is already the case in the USA because of the recent case Epic Systems Corp. v. Lewis – although there will be more laws preventing “gagging orders”.
There is already a great concern, particularly in Europe, for gender pay gap reporting. However, a new equal pay law in New Jersey has extended equal pay requirements to other protected characteristics – such as race, religion, sexual orientation and disability, as well as gender. This has huge consequences, particularly if the concept is taken up more generally by other jurisdictions. Another feature of both the New Jersey and recent Massachusetts Acts is the requirement for all companies to rate their jobs using a factor-based job evaluation scheme.
Company codes of practice already have a major part to play in corporate governance, but they are gradually taking over from HR policies as the basis for containing whistleblowing actions and terminating senior company executives.
How far travelling to a client is working time is still not settled law, even in the European Union where the European Court of Justice ruling in Tyco (C-266/14) seemed to have resolved the question. But two more recent French court cases have run counter to the ruling and the possibility that other work-related time – like commuting or staying away from home on a business trip – might have to be fully remunerated and counted against weekly working time limits could massively endanger company profitability.
Asia / Pacific
Latest News
Q&A: Ukraine
Q&A: #Metoo
Q&A: #Whistleblower
Mandatory Arbitration Clauses
Professionally Qualified HR Counsel®
Can you practice law as an HR Professional? Yes, now you can train and be recognised for being your corporate in-house expert on the application of employment laws across several jurisdictions worldwide. The Advanced Diploma Programme only available through FedEE’s Academy provides a comprehensive grounding in virtually every aspect of employment law in 10 key jurisdictions worldwide. Once obtained, the graduate may also use the designation Qualified Professional HR Counsel (QP-HR Counsel®) or simply HR Counsel®
The programme operates on a distance learning basis, although every participant has at their service the support of a personal tutor. Those commencing from October 15th may also join the first intake of course participants by attending two days of seminars and lectures in London, UK.
The prgramme is designed specifically for busy HR people, with a facility to take modules when time allows. There are 30 modules in the entire programme, broken down into six courses. Each course represents a credit that, once completed, can be carried over to obtain a Diploma or Advanced Diploma in Multijurisdictional Employment Law.
Click here to download the course brochure
Click here to sign up today to participate in the course
Have you signed up for your future yet? Contact FedEE’s in-house barrister Vasiliki Filippou for further details on vasiliki.filippou@fedee.com.
Europe
Latest News
Q&A: Portugal
Q&A: Austria
Q&A: Czech Republic
Labour Cartels
Join FedEE® Today
Sense out of uncertainty: HR without borders
Many of the world’s largest multinational companies already belong to The Federation of International Employers (FedEE®). We have a Worldwide membership – with particular concentrations in North America, Western Europe, India, Japan and China. A high proportion of our members have been part of FedEE for many years and tell us we provide a both unique and excellent service with great value for money. In fact, in a membership survey, 96% of members informed us they would not hesitate in recommending us to other multinational enterprises.
If your company has over 150 employees in two or more countries and has been operating for two or more years then you really cannot afford to operate without being part of the Federation. The approval process takes less than a day and for immediate access to our services we have an online credit card payment facility. Membership costs as little as €495 (US$565) a year – but with our Platinum Membership you may have up to 15 individual users of our services anywhere in your global operations, a FREE place on our HR Counsel accreditation course and unlimited helpline enquiries – with direct access to our in-house team of barristers, statisticians, HR specialists and labour relations experts.
Why not take a short tour of our knowledge-base before joining FedEE® to see the nature and extent of the employment law and HR data that we offer? Please contact our Membership Secretary to arrange for a one-to-one webinar for you and your colleagues, arranged entirely at your own convenience.
Corresponding Law Firms
We have just signed our first agreements with corresponding law firms around the world. The Federation shall be working in cooperation with this growing network of expertise to bring corporate members a fast, global service.
White Papers
Engaging and practical pieces produced by FedEE® staff covering issues of concern for multinational HR professionals. These papers are illustrative of guidance notes we provide in our knowledge-base. They principally provide a European perspective – although the material available to corporate member organisations is largely pan-global.
Training & Events
Book your place for FedEE®’s advanced professional course for HR practitioners in multi-jurisdictional employment law. Join other HR professionals for the World’s first, advanced professional transnational law training course in employment law.
Blog
FedEE® Secretary General Robin Chater’s comments on HR-related developments around the world. Robin has an unequalled understanding of developments in employment law, particularly in the European Union. He was formerly an advisor to the European Commission for ten years and has counselled numerous multinationals on a wide range of HR issues.
Contact Us
FedEE® Senior Management Team
Payments & Administration
Past Newswires
Customised & individual services just for you
The Personnel Policy Research Unit
We now provide a wide range of customised employment law and HR-related services to member and non-member organisations around the World. These are offered at highly competitive rates and can draw on FedEE’s vast range of in-house expertise, data and services.
The Personnel Policy Research Unit (PPRU) can undertake fast troubleshooting tasks …read more…
The Employment Standards Institute (ESI)
The Institute has been established by The Federation to undertake research into, and training about, a wide variety of employment-related topics – including the implementation of ISO HR standards, the growth of ADR mechanisms in the light of mandatory arbitration clauses (Epic Systems), the extension of equal pay to cover all protected categories (the New Jersey Law)… read more…