The Employment Law Review - Edition 8

Erika C Collins
  • Editor:
  • Erika C Collins
  • Proskauer Rose LLP

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The eighth edition of The Employment Law Review is proof of the continuously growing importance of international employment law. It has given me great pride and pleasure to see The Employment Law Review grow and develop over the past seven years to satisfy the initial purpose of this text: to serve as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. As the various editions of this book have highlighted, changes to the laws of many jurisdictions over the past several years emphasise why we continue to consolidate and review this text to provide readers with an up-to-date reference guide.

Our first general interest chapter continues to track the variety of employment-related issues that arise during cross-border merger and acquisition transactions. After a brief decline following the global financial crisis, mergers and acquisitions remain active. This chapter, along with the relevant country-specific chapters, will aid practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate M&A deals.

Global diversity and inclusion initiatives remained a significant issue in 2016 in nations across the globe, and this is the topic of the second general interest chapter. In 2016, many countries in Asia and Europe, as well as North and South America, enhanced their employment laws to embrace a more inclusive vision of equality. These countries enacted anti-discrimination and anti-harassment legislation as well as gender quotas and pay equity regulation to ensure that all employees, regardless of sex, sexual orientation or gender identity, among other factors, are empowered and protected in the workplace. Unfortunately, there are still many countries where certain classes of individuals remain under-protected and under-represented in the workforce, and multinational companies still have many challenges with tracking and promoting their diversity and inclusion initiatives and training programmes.

The third general interest chapter focuses on another ever-increasing employment law trend in which companies revise, or consider revising, social media and mobile device management policies. Mobile devices and social media have a prominent role in and impact on both employee recruitment efforts and the interplay between an employer’s interest in protecting its business and an employee’s right to privacy. Because companies continue to implement ‘bring your own device’ programmes, this chapter emphasises the issues that multinational employers must contemplate prior to unveiling such a policy. ‘Bring your own device’ issues remain at the forefront of employment law as more and more jurisdictions pass, or consider passing, privacy legislation that  laces significant restrictions on the processing of employees’ personal data. This chapter both addresses practice pointers that employers must bear in mind when monitoring employees’ use of social media at work and provides advance planning processes to consider prior to making an employment decision based on information found on social media.

The fourth and newest general interest chapter, which discusses the interplay between religion and employment law. In 2016, we saw several new, interesting and impactful cases that further illustrate the widespread and constantly changing global norms and values concerning religion in the workplace. Religion has a significant status in societies throughout the world, and this chapter not only underscores how the workplace is affected by religious beliefs but also examines how the legal environment has adapted to such beliefs. The chapter explores how several nations manage and integrate religion in the workplace, in particular by examining headscarf bans and religious discrimination.

About the Editor

Erika Collins is a partner in the labour and employment law department and co-head of the international labour and employment law group of Proskauer Rose, resident in the New York office. Ms Collins advises and counsels multinational public and private companies on a wide range of cross-border employment and human resources matters throughout the Americas, Europe, Africa and Asia.

Ms Collins represents US and non-US employers in all aspects of company growth and restructuring, from office openings, executive hires and workforce expansions to company downsizing, employment terminations, mass lay-offs and office closures. She advises clients on preparing competitive employment packages and agreements, such as separation, expatriate and consulting agreements, that are compliant with local laws,

as well as on payroll, benefits and vacation issues. Ms Collins regularly conducts multicountry audits of employment laws and practices in order to provide advice to clients regarding compliance with data privacy, fixed term contracts, outsourcing, and working time and leave regulations among numerous other issues.

Additionally, Ms Collins advises employers on sexual harassment and other misconduct allegations, as well as cross-border investigations. She also is experienced in conducting due diligence on international subsidiaries and advising on applicable business transfer laws and employee transition issues in cross-border M&A transactions.

Ms Collins is the editor of The Employment Law Review, which covers employment laws in 46 countries. In addition to authoring numerous articles on international employment topics, Ms Collins is a regular speaker at the International Bar Association and the American Bar Association. Topics on which she has written and spoken recently include: cross-border transfers of executives, global mobility issues for multinationals, employment issues in cross-border M&A transactions, the landscape of issues in international employment law, global diversity programmes, the intersection of EU privacy and anti-discrimination laws and cross-border investigations.


The publisher acknowledges and thanks the following for their learned assistance throughout the preparation of this book:

Employment Issues in Cross Border M&A Transactions

  • Erika C Collins and Michelle A Gyves
  • Proskauer Rose LLP

Global Diversity and Inernational Employment

  • Erika C Collins and Ryan H Hutzler
  • Proskauer Rose LLP

Social Media and International Employment

  • Erika C Collins and Ryan H Hutzler
  • Proskauer Rose LLP

Religious Discrimination in International Employment Law

  • Erika C Collins
  • Proskauer Rose LLP


  • Javier E Patrón and Enrique M Stile
  • Marval, O’Farrell & Mairal


  • Dayan Goodsir-Cullen, Erin Kidd and Kate Hollings
  • McCabes


  • Anita Ghazi Rahman-Islam, N M Eftakharul Alam Bhuiya and Pushpo Rahman
  • The Legal Circle


  • Chris Van Olmen
  • Van Olmen & Wynant


  • Juliana M Snelling and Paul A Harshaw
  • Canterbury Law Limited


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  • Stephen J Carpenter and Jonah R K Clements
  • Stewart McKelvey


  • Alberto Rencoret and Dominique Manzur
  • Urenda, Rencoret, Orrego y Dörr


  • Erika C Collins and Ying Li
  • Proskauer Rose LLP


  • Mila Selak
  • Ostermann & Partners, Attorneys-at-Law, LLP


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  • George Z Georgiou & Associates LLC


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  • Law Firm Šafar & Partners, Ltd

South Africa

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  • ENSafrica


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  • Dawning Law Office


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United Arab Emirates

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  • Dentons

United Kingdom

  • Daniel Ornstein, Peta-Anne Barrow and Kelly McMullon
  • Proskauer Rose LLP


  • Allan S Bloom and Carolyn M Dellatore
  • Proskauer Rose LLP


  • Tawanda Nyamasoka
  • Atherstone & Cook Legal Practitioners

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