Making Tough Personnel Decisions in a Global Recession: Doing it Right and Minimizing Liability Asia and the Pacific Session July 13, 2009 1 © Employment.

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Presentation transcript:

Making Tough Personnel Decisions in a Global Recession: Doing it Right and Minimizing Liability Asia and the Pacific Session July 13, © Employment Law Alliance

INTRODUCTION and OVERVIEW 2 © Employment Law Alliance

Presenters Moderator – Stephen J. Hirschfeld CEO, Employment Law Alliance, San Francisco, CA Boey Swee Siang, Rajah & Tann, Singapore Richard D. Emmerson, Soewito Suhardiman Eddymurthy Kardono, Jakarta. Indonesia C.W. Hyun, Kim & Chang, Seoul, South Korea Phillipa Muir, Simpson Grierson, Auckland, New Zealand Sivabalah Nadarajah, Shearn Delamore & Co., Kuala Lumpur, Malaysia 3 © Employment Law Alliance

Presenters Dante Pamintuan, SyCip Salazar Hernandez & Gatmaitan, Manila, Philippines Stephen Price, Corrs Chambers Westgarth, Sydney, Australia Ajay Raghavan, Trilegal, Bangalore, India Hong Tran, Mayer Brown JSM, Hong Kong Linh Truong, Mayer Brown JSM, Ho Chi Minh, Vietnam Lihui Zhou, Mayer Brown JSM, Hong Kong 4 © Employment Law Alliance

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. 5 © Employment Law Alliance

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? 6 © Employment Law Alliance

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? 7 © Employment Law Alliance

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? 8 © Employment Law Alliance

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? 9 © Employment Law Alliance

How are your clients coordinating the implementation of worldwide layoffs? 10 © Employment Law Alliance

Lessons Learned from Bad Personnel Decisions Made During Tough Economic Times What should have been done differently? 11 © Employment Law Alliance

CONCLUSION Thank you for attending our webinar. Immediately after you disconnect, a survey will appear on your computer screen asking you to evaluate the webinar. We would appreciate your taking a few minutes to complete it so that we can continue to improve the quality and delivery of future ELA- sponsored webinars. To listen to past webinars, please visit our website at: 12 © Employment Law Alliance