Making Tough Personnel Decisions in a Global Recession: Doing it Right and Minimizing Liability

European Session March 25, 2009

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Presenters

Moderator – Stephen J. Hirschfeld

CEO, Employment Law Alliance, San Francisco, CA [email protected]

Andrzej Czopski

, Miller, Canfield, Paddock & Stone, P.L.C., Warszawa, Poland [email protected]

Julian Feichtinger

, CHSH Cerha Hempel Spiegelfeld Hlawati, Vienna, Austria [email protected]

Olle Jansson

, Cederquist, Stockholm, Sweden [email protected]

Kalina Jaroslawska

, Miller, Canfield, Paddock & Stone, P.L.C., Warszawa, Poland [email protected]

Barbara Klinger

, CHSH Cerha Hempel Spiegelfeld Hlawati, Vienna, Austria [email protected]

Alexander Krausz

, Froriep Renggli, Zurich, Switzerland [email protected]

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Presenters

Jan Tibor Lelley

, Buse Heberer Fromm, Essen, Germany [email protected]

Ian Moore

, A&L Goodbody, Dublin, Ireland [email protected]

Eugenie Nunes

, Boekel De Nerée, Amsterdam, the Netherlands [email protected]

Sasha Stepanova

, Kocian Solc Balastik, Prague, Czech Republic [email protected]

Claire Toumieux

, Flichy Grangé Avocats, Paris, France [email protected]

Chris Van Olmen

, Van Olmen Wynant, Brussels, Belgium [email protected]

Barry Walsh

, A&L Goodbody, Dublin, Ireland [email protected]

Angelo Zambelli

, Dewey & LeBoeuf, Milan, Italy [email protected]

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INTRODUCTION and OVERVIEW

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Layoff Decisions

How Companies Are Saving Money on Personnel Costs Short of Layoffs • What are the legal challenges to implementing these decisions?

• Reducing overtime; • Hiring freezes; • Salary freezes; • Salary reductions; • Furloughs; • Temporary shutdowns; • Work-sharing arrangements; • Shortened work weeks or workdays; • Eliminating training programs; • Boosting healthcare premiums; • Creating incentives for employees to voluntarily resign or retire.

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Layoff Decisions

How To Make These Decisions Bullet Proof

• What are the biggest challenges when making these decisions?

• What are the most common legal claims being asserted today on behalf of laid off workers and how could they have been avoided?

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Separation Agreements and Releases

• Are they commonly used in your country?

• Are they enforceable?

• What

must

these agreements contain?

• What

should

these agreements contain?

• Must an employee be given advance notice before signing such an agreement?

• Are there any specific issues in your jurisdiction?

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Severance Pay and Benefits

• Does your country have statutory severance pay requirements? If so, what do I need to know?

• Does your country require that certain benefits continue following termination?

• Do your clients typically provide severance pay and enhanced benefits beyond what is required by law? What kind of circumstances?

• Do you require that a release be signed?

• Are your clients using “stay until close” bonuses and if so, what challenges are they facing?

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Advance Notice for Terminations

• Does your country require that employees receive a certain amount of advance notice before a layoff?

• Are there any exceptions?

• If there is a trade union or works council involved, what does the law require you to do?

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• How are your clients coordinating the implementation of worldwide layoffs?

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Lessons Learned from Bad Personnel Decisions Made During Tough Economic Times • What should have been done differently?

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CONCLUSION

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