Editor's Preface
Over the past year we have witnessed both the beginnings of a recovery from and the continuing effects of the financial crisis that has dogged the world economy and characterised employment relations over the last several years. All signs indicate that these trends are likely to continue for the foreseeable future. The 'Year in Review' and 'Outlook' sections of nearly every chapter in this edition detail efforts by countries to address the continuing effects of the economic downturn. For example, in an apparent effort to increase competitiveness and stimulate business, and, in particular, to battle unemployment, a number of governments have made or are considering efforts to decrease financial burdens on businesses, including the costs of labour. In New Zealand, for example, recent amendments to the Employment Relations Act, including with regard to trial periods, union access and the test for unjustified dismissal, were designed to provide employers with more flexibility in making hiring and firing decisions. Similarly, proposals to implement two new working shift regimes in Costa Rica are designed to provide employers with flexibility to compete in the global market. There is also a trend, however, of cash-strapped governments strengthening certain regulatory requirements and increasing enforcement of new and existing regulations in an effort to collect much-needed funds in the form of taxes or penalties for non-compliance. The new UK Bribery Act, which was passed in 2010 and comes into force in April 2011, and China's increased scrutiny of secondment arrangements for corporate tax purposes are both excellent examples of this phenomenon. Similarly, a number of countries, including the Czech Republic, France and Ukraine, have passed, or are considering, pension reform in an effort to alleviate government budget concerns. We expect that many of the recent changes to employment regulations throughout the world, and those that will be encountered in the coming years, are or will be driven by similar motives.
The Employment Law Review is meant to serve as a helpful guide during these somewhat unpredictable and alternatively difficult and exciting times. For example, an increase in merger and acquisition activity is expected as companies continue to rebound and experience increased liquidity. In anticipation of this, we have added to this edition a section on the business transfer laws in each country as they relate to transfers of employees. This edition also boasts the addition of 12 new countries, bringing the number of covered jurisdictions to 48. As with the first edition, this book is not meant to provide a comprehensive treatise on the law of any of these countries but rather is intended to assist practitioners and human resources professionals in identifying the issues and determining what might land their client or company in hot water. This will be particularly important as companies continue to grow their global footprint, including through merger and acquisition activity, and find themselves in new jurisdictions with unfamiliar laws.
The second edition of The Employment Law Review has once again been the product of excellent collaboration, and I wish to thank our publisher and all of our contributors, as well as Michelle Gyves, an associate in the international employment law practice group at Paul Hastings, for their tireless efforts to bring this book to fruition.
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The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.
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