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详细
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.
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PART I: INTRODUCTION
- A. Sketches of the 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
- 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
- A Note on ‘Data Protection’
- Directive 95/46 EC
- 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
Index
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- Matthew W. Finkin, Professor of Law
- Joel Cutcher-Gershenfeld, Professor of Labor and Employment Relations, University of Illinois, US
- Takashi Araki, University of Tokyo, Japan
- Andrew Stewart, University of Adelaide, Australia
- Philipp Fischinger, Universität Regensburg, Germany
- Bernd Waas, Johann Wolfgang Goethe University, Germany
- Roberto Fragale Filho, Universidade Federal Fluminense, Brazil
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‘This volume presents precisely the types of problems facing HR professionals in multinational corporations and reveals the many challenges of bridging across cultures and legal systems.’
– Howard Salazar, Manager of HR Operations, Harley-Davidson Motor Company, US
‘In aligning human resource management with the legal requirements in different countries, multinational corporations have to simultaneously stay true to their corporate culture and honor the distinct cultures where they do business. This volume provides deep insights for navigating this terrain in the 21st Century.’
– Pat Canavan, Senior Vice President for Global Governance, Motorola Corporation (retired), US
‘Leading a global HR function requires a deep appreciation of many cultures and laws, which are at the center of this important new book. Organizing the learning around tangible problems is a great approach – valuable for experienced practitioners and newly appointed HR professionals alike.’
– Cheri Alexander, Vice President, HR International Operations, General Motors (retired), US
‘HR professionals at multi-national employers need to understand the legal and employment context of the countries that they do business in – particularly the differences. In this book, key issues are presented via case problems across five of the major global economies, building the comparative and critical thinking skills which are essential to an effective HR leader operating in any country.’
– Andrew Bartlow, HR Director, Apollo Group, US
‘The great merit of this book is in my view the problem oriented approach which forces the authors of the different countries to focus on the same factual situation and put it into the legal context of each country. Thereby, it becomes possible to show that the legal instruments may differ very much in each country. . . In this respect the book not only fills a gap but provides an important innovation.’
– Manfred Weiss, Goethe University, Frankfurt am Main, Germany
‘The problem-solving approach adopted in this book makes it an excellent teaching and learning tool for human resource managers and their lawyers in multinational corporations. The notes, questions and comments should stimulate research and wider discussion of key issues in modern employment law and practice.’
– Professor Sir Bob Hepple QC, University of Cambridge, UK
