{"id":1066,"date":"2020-12-14T12:08:46","date_gmt":"2020-12-14T12:08:46","guid":{"rendered":"https:\/\/www.jurisasia.com\/?p=1066"},"modified":"2026-02-26T09:05:43","modified_gmt":"2026-02-26T09:05:43","slug":"global-employer-labor-law","status":"publish","type":"post","link":"https:\/\/www.jurisasia.com\/en\/global-employer-labor-law\/","title":{"rendered":"The \"Good Global Employer,\" the Ultimate Pandemic Winner"},"content":{"rendered":"
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The \"Good Global Employer,\" the Ultimate Pandemic Winner<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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A flawless track record in international pandemic management<\/strong> will be key to a company's success<\/strong> in the \"post-COVID world,\" and HR managers are on the front line, their role more critical than ever. For them and the legal professionals who assist them, it will not be enough to ensure compliance with applicable national laws<\/strong> (I); it will also be necessary to consider the practices of other jurisdictions<\/strong> as guides (II), as well as not ignoring the protection of a frequently overlooked group: directors appointed to subsidiaries<\/strong> (III), and finally, integrating globally emerging issues<\/strong> in the legislation of other countries into internal procedures (IV).<\/p>

To be in a position to retain and recruit the best employees as the crisis emerges<\/strong>, the company will have to demonstrate that, throughout the crisis, it not only managed labor relations with respect for individuals and the law, but also integrated, in advance<\/strong> of the crisis, and even before being forced to do so by local law, current issues highlighted in other jurisdictions, such as equal treatment, veganism, \"wage theft,\" etc.<\/p>

By aligning itself with the most demanding criteria, which can be achieved without any negative impact on productivity, any company can become a \"good global employer<\/strong>.\" The benefit is twofold: it protects itself against liability claims, and it retains or attracts employees who have retained their skills but whose trust in any employer has been weakened.<\/p>

Especially for SMEs and mid-caps, the pandemic provides a unique and unprecedented opportunity to compete with large corporations<\/strong> in recruiting quality staff. Less career development opportunities in these smaller organisations can be compensated for by a workforce seeking understanding and security by taking into account individual aspirations and promoting an image of a good overall employer, regardless of the company's size.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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Newsletter No. 6 - The \"Good Overall Employer,\" the Ultimate Winner of the Pandemic<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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I - Respecting national statutes and case-law on labour<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The first obligation in managing the pandemic is, of course, to respect the legal rules as they were already in effect before the health crisis: short-time working (total or partial suspension of pay in exchange for a promise of rehiring), redundancies, and to establish fair and legally valid contracts for adaptation to exceptional circumstances concluded with employees, whether individually or collectively.<\/p>

Compared to French labor law, the rules are sometimes more favourable to the employer. In matters of redundancy, the employer's right to reorganise even in the absence of a situation of distress is generally recognized, and no prior administrative authorisation is required.<\/p>

But at the same time, there are procedures with no equivalent in French law<\/strong>, such as domestic inquiry, show cause letter, PIP, etc.<\/p>

The PIP, or \"Performance Improvement Plan,\" is a good example. Sometimes mandatory, sometimes recommended as a precautionary measure for the employer, the plan must include a series of measures allowing the employee accused of underperforming to improve in order to keep their job.<\/p>

The PIP is more than just an obligation on paper. In a recent ruling, the Australian Federal Court considered an employee placed under a PIP to have been dismissed without just cause because the PIP appeared to have failed to include the various steps required to allow the employee to improve with the help of their employer.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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II - Drawing inspiration from best practices in other countries<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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The expansion of remote working<\/strong> is one of the main components of companies' adaptation to the pandemic. Due to the novelty of the practice, each country has independently developed its own legal rules.<\/p>

In Australia<\/strong>, for example, an employer cannot be exempted from liability for harm suffered by an employee if it has not implemented procedures regarding the arrangement of the work environment at the employee's personal home<\/strong>, the ability to communicate with the employer in the event of an emergency, the availability of emergency services, etc.<\/p>

This may be an extreme case, but in 2020, the Supreme Court of Appeal of New South Wales ruled that the children of a teleworking employee killed one morning by her partner were entitled to compensation from the employer, even though the victim was still in her pyjamas at the time of the murder.<\/p>

These procedures should be examined in detail and transposed elsewhere, after adapting them to the company's circumstances and in compliance with the local law of the destination country.<\/p>

But the legal framework for teleworking is not limited to aspects of well-being and safety. Other aspects must be considered, and regional hubs have given particular thought to this, and it is wise to benefit from their insights.<\/p>

In Hong Kong<\/strong>, for example, HR and legal managers consider various aspects:<\/p>