Transcript Slide 1

Making Tough Personnel
Decisions in a Global Recession:
Doing it Right and
Minimizing Liability
Africa and the Middle East Session
June 29 & 30, 2009
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INTRODUCTION
and
OVERVIEW
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Presenters
Moderator – Karen Fulton
Bowman Gilfillan, Johannesburg, South Africa
[email protected]
Anas Akel, Bafakih & Nassief, Jeddah, Saudi Arabia
[email protected]
Thomas Donovan, I&D Iraq Law Alliance, Baghdad, Iraq
[email protected]
Jonathan Feuchtwanger, Naschitz, Brandes & Co, Tel-Aviv, Israel
[email protected]
Yaron Horovitz, Naschitz, Brandes & Co, Tel-Aviv, Israel
[email protected]
Sara Khoja, Clyde & Co., Dubai, United Arab Emirates
[email protected]
Talita Laubscher, Bowman Gilfillan, Johannesburg, South Africa
[email protected]
Sonal Sejpal, Anjarwalla & Khanna Advocates, Nairobi, Kenya
[email protected]
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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?
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•
•
•
•
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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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