I am pleased to send you the Mid-September 2001 web-based e-mail "Alert"
prepared by Baker & McKenzie's Global Labour, Employment & Employee Benefits
Practice Group ("GLEEB"). The Alert's purpose is to provide our clients and
friends with timely updates in a short "user friendly" fashion with
hyperlinks to articles with more detailed information on employment law
developments from around the world. The Alert is organized into six sections
- Global, Asia Pacific, Europe, Africa/Middle East, South America, and North
America. The Alert consists of short, one-paragraph "blurbs," organized by
country and region. You can quickly scan the Alert for items of particular
interest, and then click on the hyperlinks provided for each blurb for
additional information.

If you would like to be removed from my mailing list for the Baker &
McKenzie Global Employment Law Alert, please type "REMOVE" in the subject
line in a return email to me and I will take you off my email list.

Please feel free to contact me should you have any questions.

Jordan W. Cowman
  Board Certified, Labor & Employment Law
  Texas Board of Legal Specialization
Baker & McKenzie
2001 Ross Avenue, Suite 2300
Dallas, Texas 75201
214/978-3015
214/978-3099 fax
jordan.w.cowman@bakernet.com <mailto:jordan.w.cowman@bakernet.com>

 <http:\\www.bakernet.com\gel>

Baker & McKenzie

 <http://www.bmck.com/gel/current.asp?submitbtn=Show+Alerts&area=calert>
GLOBAL EMPLOYMENT LAW ALERT
Baker Events   Global   Asia Pacific   Europe & CIS   Africa/Middle East
South America   North America

Baker_EventsBaker Events	 top
VISIT OUR GLOBAL EMPLOYMENT LAW ALERT WEBSITE: To access our Alert program,
including current and past editions of the GEL Alert, please visit our
dedicated website at http://www.bakernet.com/gel. Readers can search the
current GEL Alert by category, or access our complete archive search engine
to review past GEL Alerts by topic, country, region, or date. In addition,
readers can search our Knowledge Base (K-Base) for surveys, resources, and
articles by members of our Global Labour, Employment & Employee Benefits
Practice Group.  Alert Date: 9/15/01

NEW PUBLICATION SCHEDULE: Based on feedback of our readership, the GEL Alert
is now disseminated twice per month (on the 1st and 15th day of each month).
This schedule will ensure that our readership receives the most timely and
up-to-date information possible on breaking developments. Our GEL Alert also
features a new section on "Highlights," so that readers can quickly scan the
Alert for items of special interest.  Alert Date: 9/15/01

** - GEL ALERT HIGHLIGHTS: Employee Benefits: Supplementary pension
arrangements in Holland may be mandatory in the future; U.S. workers begin
to swap options. Employment Discrimination: German court ruling on
discrimination against part-time employees; U.S. Equal Employment
Opportunity Commission sues Morgan Stanley over alleged sex discrimination.
Employment Litigation: U.S. court issues decision refusing to enforce
non-competition agreements. Immigration: Mexican President urges reform of
U.S. immigration policies; UK court rules that refugees were held illegally.
Labour Abuses: California judge rejects Unocal's motion to dismiss Burmese
workers' lawsuit alleging human rights abuses; Nike's establishment of a
special board committee on worldwide labor compliance. Legislation: Chilean
labor law reforms; New law on age restrictions in Sweden; New decree in
Vietnam on salaries of employees of foreign invested enterprises. Privacy:
Monster.com accused of abuse of privacy regarding job seekers; India
establishes first cybercrime police station. Unions: Autoworkers in Brazil
seek substantial pay increases; Works Council frustrates corporate sales in
the Netherlands; Zimbabwe's main labour union warns of massive strikes over
government policies.  Alert Date: 9/15/01

** - BAKER EVENTS: Hong Kong: A seminar program entitled "Discrimination and
Data Privacy in the Workplace," to be held on October 8, 2001. For more
information please contact Betty Foo <mailto:betty.foo@bakernet.com> . Palo
Alto: A breakfast briefing entitled "Going Global: International Employment
Issues," on September 25-26, 2001. For more information please contact Cindy
Vargas <mailto:cindy.vargas@bakernet.com> . San Diego: A breakfast briefing
entitled "Going Global: International Employment Issues," on September 24,
2001. For more information please contact Cindy Vargas
<mailto:cindy.vargas@bakernet.com> .  Alert Date: 9/15/01

GlobalGlobal	 top
** - UN INITIATIVES FOCUSED ON WOMEN: The Committee on Economic, Social and
Cultural Rights of the United Nations has recently addressed initiatives to
undertake preventative, promotive, and remedial action to shield women from
the impact of harmful cultural practices and norms that deny them their full
human rights. The initiatives include workplace practices. See " Women
Struggle For Human Rights
<http://www.unhchr.ch/huricane/huricane.nsf/NewsRoom?OpenFrameSet> ."
<mailto:abby.b.silverman@bakernet.com> abby.b.silverman@bakernet.com or
<mailto:jorge.a.de.regil@bakernet.com> jorge.a.de.regil@bakernet.com  Alert
Date: 9/15/01

** - ALPA PRESIDENT ISSUES STATEMENT ON TERRORIST ACTIONS: On September 11,
2001, Captain Duane Woerth, president of the world 's oldest and largest
pilot union, issued a statement in light of the tragic aviation terrorist
attacks on the United States. The statement committed all of the
Association's resources of security, air safety, and accident investigation
personnel to assist with the unimaginable tragedy in the United States. See
" Pilot Statement On Terrorist Actions
<http://www.alpa.org/internet/news/2001news/nr01095.htm> ."
<mailto:Jordan.cowman@bakernet.com> jordan.cowman@bakernet.com or
<mailto:howard.f.fine@bakernet.com> howard.f.fine@bakernet.com   Alert Date:
9/15/01

** - monsterMONSTER.COM ACCUSED OF ABUSE OF PRIVACY REGARDING JOB SEEKERS: A
recent report by the Privacy Foundation alleges that Monster.com, the
world's largest job-search Web site, is failing to adequately protect the
privacy of the millions of job seekers who post resumes to its enormous
database. The report suggests that the company was at one point considering
selling its customers' resumes to marketers. The study outlines several
specific recommendations for ways that Monster.com could be more forthcoming
in providing privacy protections and disclosures. See " Privacy Foundation
Report <http://wwwprivacyfoundation.org/privacywatch/monster.asp> " and "
Monstor.Com Job Seekers <http://www.newsbytes.com/news/01/169779.html> ."
<mailto:micheal.j.wagner@bakerenet.com> micheal.j.wagner@bakerenet.com or
<mailto:alex.valls@bakernet.com> alex.valls@bakernet.com   Alert Date:
9/15/01

** - INTERNATIONAL UNION SEEKS TO INCORPORATE WOMEN INTO DIGITAL ECONOMY: On
September 3, 2001, the Union Network International (UNI) hosted the 1st
World Women's Conference in Berlin, Germany to discuss methods to bring more
women into the digital economy. The group will seek to achieve this by
attaining equal pay for equal work, ending employment segregation, and by
having employers provide better access to education and training and better
preventative health programs at work. UNI is also calling upon all unions
worldwide to campaign more vigorously for the rights of women at work and in
society, integrating equal opportunity into all activities, and fostering
leadership training for women. See " UNI Action Plan To Make Women Winners
<http://www.union-network.org/UNIsite/Groups/Women/Conference2001press5.html
> ."  <mailto:abby.s.silverman@bakernet.com> abby.s.silverman@bakernet.com
or  <mailto:cynthia.l.jackson@bakernet.com> cynthia.l.jackson@bakernet.com
Alert Date: 9/15/01

** - MEGA-UNION HOLDS FIRST CONGRESS, SEEKS TO TAKE ON GLOBAL CHALLENGE: On
September 4, 2001, the Union Network International (UNI) held its first
congress, which was brought together in response to the growing changes in
the global economy. UNI is an umbrella organization of over 1,000 disparate
unions in fields such as telecommunications, banking, finance, and the
media, with a total membership of 15 million workers. See " New World
<http://sg.news.yahoo.com/010904/1/1e4kh.html> Trade Union Grouping To Meet
Globalization Challenge."  <mailto:gerald.l.maatman@bakernet.com>
gerald.l.maatman@bakernet.com or  <mailto:james.cameron@bakernet.com>
james.cameron@bakernet.com   Alert Date: 9/15/01

** - SOME COUNTRIES VOICE RESERVATION TO UN RACE DECLARATION: On September
8, 2001, the United Nations adopted a final declaration on racism. Several
countries lodged objections that will form part of the final report on the
conference to be sent to the United Nations. See " UN Race
<http://www.un.org/WCAR/pressreleases/rd-d45.htm> Declaration."
<mailto:william.r.watson@bakernet.com> williamr.watson@bakernet.com or
<mailto:jorge.a.de.regil@bakernet.com> jorge.a.de.regil@bakernet.com   Alert
Date: 9/15/01

** - UNIONS RISE TO CHALLENGE OF GLOBALISATION: On September 5, 2001,
multiple unions established the ITF-IUF Trade Unions Networks at a gathering
held in London, England to respond to concerns about declining employment
terms and conditions. At the gathering, workers met to exchange experiences
and discuss trade union strategy. See " Trade Union Networks
<http://www.itf.org.uk/civil_aviation/news/Body_network_100901.html> ."
<mailto:j.richard.hammett@bakernet.com> j.richard.hammett@bakernet.com or
<mailto:laurence.e.stuart@bakernet.com> laurence.e.stuart@bakernet.com
Alert Date: 9/15/01

** - nikeNIKE ANNOUNCES NEW BOARD COMMITTEE TO ASSESS LABOUR COMPLIANCE: On
September 10, 2001, Nike, Inc. announced its Board's approval to create a
corporate responsibility committee to assess compliance with labour laws and
standards. The new committee will be responsible for reporting and making
recommendations to Nike's Board in the areas of labour compliance and human
resources issues. Earlier in 2001, Nike came under criticism by labour
activists who alleged that the company had failed to comply with labour
standards in Indonesia and El Salvador. See: " Nike Board
<http://www.nikebiz.com/media/n_crboard.shtml> Committee."
<mailto:Gerald.l.maatman@bakernet.com> gerald.lmaatman@bakernet.com or
<mailto:james.cameron@bakernet.com> james.cameron@bakernet.com   Alert Date:
9/15/01

Asia_PacificAsia Pacific	 top
AU - AUSTRALIAN OFFICERS CONVICTED OVER DATABASE MISUSE: On September 3,
2001, two Australian police officers were convicted and fined AU$2000 for
illegal disclosures of private information obtained from the police force's
computer system. See " Privacy Breaches Result In Sackings
<http://it.mycareer.com.au/breaking/2001/09/04/FFX55Y0L6RC.html> ."
<mailto:ian.dixon@bakernet.com> iandixon@bakernet.com or
<mailto:mary.maher@bakernet.com> mary.maher@bakernet.com   Alert Date:
9/15/01

AU - NEARLY HALF OF WORKERS SAY THEY WOULD TAKE A PAY CUT TO HELP A COMPANY:
A recent TMP survey of Australian employees found that almost 50% of men and
43% of women employees would be willing to take a drop in pay if their
company was struggling. The report said that senior directors, managers,
directors, and older employees were the most willing to take a pay cut
rather than see their company go down. See " Nearly Half Workers Would Take
A Pay Cut To Help Firm
<http://www.smh.com.au/news/0108/27/national/national106.html> ."
<mailto:brian.jebb@bakernet.com> brian.jebb@bakernet.com or
<mailto:chris.oliver@bakernet.com> chris.oliver@bakernet.com   Alert Date:
9/15/01

AU - EMPLOYERS ESTABLISH REGISTER OF EMPLOYEE SICK LEAVE HISTORY: A register
has been set up by a Queensland labour hire company so that companies can
check the sick leave history of potential employees. More than 1,800 workers
are listed on the register complied by the company. Employers claim that
Australian workers consistently claiming what are known as "sickies" are
costing Australian businesses millions of dollars in fraudulent claims and
compensation. Claiming it is a breach of privacy, Australian union
representatives have called for the register to be banned. See " Firms Sign
On To Spy On Sickies
<http://news.com.au/common/story_page/0,4057,2707001%5E421%5E%5Enbv,00.html>
."  <mailto:paul.brown@bakernet.com> paulbrown@bakernet.com or
<mailto:mary.maher@bakernet.com> mary.maher@bakernet.com   Alert Date:
9/15/01

AU - UNION REPORT SAYS LONG HOURS CULTURE IS UNREASONABLE: A recently
released report commissioned by the Australian Council for Trade Unions
(ACTU) claims that Australia now has an entrenched long hours culture that
is putting excessive strain on workers, families, and communities. The
report has been prepared to provide evidence in the ACTU's reasonable hours
test case which seeks to restrict working hours to as yet undefined
"reasonable levels." The report was based on interviews with fifty-four
workers across a dozen industries. See " Fifty Families: What Unreasonable
Hours Are Doing To
<http://www.actu.asn.au/vunions/actu/article.cfm?objectid=B5C50A85-C113-45E4
-8A3B313FCE8F3A63> Australians, Their Families And Their Communities."
<mailto:ian.dixon@bakernet.com> ian.dixon@bakernet.com or
<mailto:vicki.moulatsiotis@bakernet.com> vicki.moulatsiotis@bakernet.com
Alert Date: 9/15/01

AU - COURT RULING QUESTIONS EMPLOYER ANTI-DISCRIMINATION OBLIGATIONS: A
recent decision of the Victorian Supreme Court challenges key tenets of
Australian anti-discrimination laws and overturns a record AU$161,000
damages award. The Court found that the provision of a modem and a fax
machine sought by an editor to allow her to work from home to care for a
sick child was a "favor" rather than a "reasonable accommodation." The
decision raises the prospect of employers having a lesser obligation than
previously required to make a reasonable accommodation for employees with a
disability or caring responsibilities. The Court found that it would often
be the case that making a reasonable accommodation would not extend to
meeting the "very special needs of people who have recurrently sick
dependants." See " State of Victoria v Schou
<http://www.austlii.edu.au/au/cases/vic/VSC/2001/321.html> ."
<mailto:spiro.mellos@bakernet.com> spiro.mellos@bakernet.com or
<mailto:sally.woodward@bakernet.com> sally.woodward@bakernet.com   Alert
Date: 9/15/01

AU - IRC FAILS TO SETTLE POLICE ROW: On September 6, 2001, attempts by
Victorian officials to force the Australian Industrial Relations Commission
to arbitrate on the police pay dispute were adjourned as unresolved. The
government's application claimed there was no reasonable prospect of
reaching a negotiated settlement of the dispute and said 22 work bans
implemented by police last month were threatening public health and safety.
See " IRC Does Not Settle Police Pay Issue
<http://www.theage.com.au/news/state/2001/09/06/FFXCUWA08RC.html> ."
<mailto:ian.dixon@bakernet.com> ian.dixon@bakernet.com or
<mailto:nicole.vanderhoek@bakrenet.com> nicole.vanderhoek@bakrenet.com
Alert Date: 9/15/01

AU - CREW FACES PEOPLE SMUGGLING CHARGES: On September 4, 2001, four
Indonesians were charged with people smuggling as they attempted to sneak
over 430 refugees, mostly from Afghanistan, on to Australian soil. These
charges come at a time when Prime Minister John Howard maintains a firm
stance against smuggling that is overwhelmingly popular throughout
Australia. See " Crew Charged With People Smuggling
<http://news.findlaw.com/ap_stories/i/1106/9-4-2001/20010904133056040.html>
."  <mailto:meaghan.e.bare@bakenet.com> meaghan.e.bare@bakenet.com or
<mailto:ian.dixon@bakernet.com> ian.dixon@bakernet.com   Alert Date: 9/15/01

CN - CHINA PUTS LABOUR ACTIVIST ON TRIAL: Chinese authorities have recently
put labor activist Li Wangyang on trial for allegedly inciting the overthrow
of state power. However, in a possible goodwill gesture to Washington, the
Chinese Government allowed another dissident to leave for the United States.
See " Labor Activist On Trial
<http://news.findlaw.com/ap_stories/i/1104/9-7-2001/20010907093217780.html>
."  <mailto:paul.tan@bakernet.com> paul.tan@bakernet.com or
<mailto:daniel.chan@bakernet.com> daniel.chan@bakernet.com   Alert Date:
9/15/01

IN - indiaINDIA TO OPEN FIRST CYBERCRIME POLICE STATION: India recently
announced plans to open its first police station designed to deal
exclusively with cybercrime. The station, which will open in October of
2001, will be based in Bangalore. Business groups hope the new agency will
be helpful to employers. " India's Cybercrime Cops
<http://technology.scmp.com/internet/ZZZ30Q0FQQC.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:narendra.acharya@bakernet.com> narendra.acharya@bakernet.com   Alert
Date: 9/15/01

JP - HITACHI LAYS OFF 14,700 EMPLOYEES: On August 31, 2001, Hitachi of Japan
announced it would cut 14,700 jobs, approximately 4% of its workforce, as a
result of the global technological slowdown. Of the 14,700 job cuts, 10,200
would be from Japan with the remaining 4,500 coming from overseas
operations. The sudden worldwide drop in demand for computers and mobile
phones prompted the job cuts, which Hitachi hopes will save 120 billion yen
(US1$ billion). See " Japan <http://sg.news.yahoo.com/010831/1/1dylw.html>
's Hitachi To Axe 14,700 Jobs."  <mailto:hiroshi.kondo@bakernet.com>
hiroshi.kondo@bakernet.com or  <mailto:hideo.ohta@bakernet.com>
hideo.ohta@bakernet.com   Alert Date: 9/15/01

NZ - COURT AWARDS DAMAGES FOR NET DEFAMATION: A New Zealand judge has
awarded NZ$42,000 in damages arising from defamatory postings on a net
newsgroup, e-mail list, and web site. The damages stem from the country's
first net defamation case and involved the former chief executive of a name
registry domain who sued due to workplace related criticisms. The decision
has raised concerns about possible ISP liability for material posted on
their web servers. See " Web Defamation
<http://www.nzherald.co.nz/storydisplay.cfm?storyID=213221> ," " Publisher
<http://www.nzherald.co.nz/storydisplay.cfm?storyID=213397> 's At Risk," and
" Internet Language
<http://www.stuff.co.nz/inl/index/0,1008,925523a28,FF.html> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:mary.maher@bakernet.com> mary.maher@bakernet.com   Alert Date:
9/15/01

NZ - EMPLOYMENT TRIBUNAL MEMBERS SUE GOVERNMENT: Nine former members of New
Zealand's Employment Tribunal have taken Attorney General Margaret Wilson to
court in a case that is predicted to cost the New Zealand Government NZ$3
million. The dismissed members allege that their positions were ended
illegally when the Attorney General replaced the Tribunal with the new
Employment Relations Authority. The members all had four year positions
guaranteed which were ended up to 3 years prematurely by the Government's
move. See " Sacked Employment Tribunal Members Sue
<http://www.stuff.co.nz/inl/index/0%2C1008%2C921326a10%2CFF.html> ."
<mailto:paul.brown@bakernet.com> paul.brown@bakernet.com or
<mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 9/15/01

NZ - PRISON GUARD STRIKE CAUSES CHAOS AND DEFENCE FORCE INTERVENTION: A
recent strike by New Zealand's prison guards has caused widespread
disruption and has forced the Government to send in Armed Forces to take
over in many prisons. The Corrections Association, the union for the guards,
claimed that key security and operational procedures had been ignored
because of the strike. The Public Prisons Service suspended over 2,000
prison employees in response to their industrial action and replaced them
with 1,400 soldiers, sailors, and air-force staff. See " Defence Forces Take
Over As Staff Suspended
<http://www.stuff.co.nz/inl/index/0%2C1008%2C928137a10%2CFF.html> ," and "
Guards Claim Prisons In Chaos
<http://www.stuff.co.nz/inl/index/0%2C1008%2C929360a10%2CFF.html> ."
<mailto:michael.michalandos@bakernet.com> michael.michalandos@bakernet.com
or  <mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 9/15/01

NZ - INDUSTRIAL DISPUTE AT HOSPITAL THREATENING SERVICES: Management warned
that a recent industrial dispute at two Christchurch Hospitals will threaten
services if it results in industrial action. About 1,100 nurses and allied
health staff have served notices that they will strike for increased pay and
conditions. Doctors have warned that services may be so compromised during
the strike that they will be unable to ensure patient safety. See " Senior
Doctors Urge Parties To End Dispute
<http://www.stuff.co.nz/inl/index/0%2C1008%2C929270a11%2CFF.html> ."
<mailto:michael.michalandos@bakernet.com> michael.michalandos@bakernet.com
or  <mailto:kathleen.thornton@bakernet.com> kathleen.thornton@bakernet.com
Alert Date: 9/15/01

NZ - EMPLOYMENT FOR WORKERS WITH DISABILITIES: On September 12, 2001,
Council of Trade Unions President said it is no surprise that a government
review has shown people with disabilities want to gain real skills and real
jobs with the same rights and conditions as other workers. See " Equal
<http://new.newsroom.co.nz/story/64679-33-0.html> Rights For Workers With
Disabilities."  <mailto:mary.maher@bakernet.com> mary.maher@bakernet.com or
<mailto:chris.oliver@bakernet.com> chris.oliver@bakernet.com   Alert Date:
9/15/01

PH - CHR EMPLOYEE THREATENED AFTER FILING CLAIM: An employee of the
Philippine Commission on Human Rights (CHR) who recently filed a sexual
harassment case against the CHR regional director has stated that she fears
for her life and for her two daughters. The employee claims she has learned
that someone close to her superior whom she accused of sexually harassing
her has been issuing threats that her family would be harmed if the director
was found guilty.  <mailto:romeo.salonga@bakernet.com>
romeo.salonga@bakernet.com or  <mailto:gil.zerrudo@bakernet.com>
gil.zerrudo@bakernet.com   Alert Date: 9/15/01

PH - ADMINISTRATOR FACES SEXUAL HARASSMENT CHARGES: The president of a state
college recently has been levied a suspension for alleged sexual harassment.
Dr. Felipe Ligan, president of the Jose Rizal Memorial State College, is the
first public school official in the Philippines to be accused of sexually
abusing a subordinate.  <mailto:joseph.castillo@bakernet.com>
joseph.castillo@bakernet.com or  <mailto:jamea.garcia@bakernet.com>
jamea.garcia@bakernet.com   Alert Date: 9/15/01

PK - MUSHARRAF PLEDGES TO STABILIZE ECONOMY: On September 7, 2001, Pakistani
President Gen. Pervez Musharraf announced that his government would initiate
20 large projects in the upcoming year to jump-start the sagging economy and
bring an end to poverty. Musharraf made the announcement as he spoke at a
gathering organized by the Workers Welfare Board to present scholarships to
the children of workers, grants for dowry, and flat ownership rights of
workers of different industrial workers. See " Workers Get
<http://www.dawn.com/2001/09/08/top1.htm> Ownership Rights."
<mailto:susan.kendall@bakernet.com> susan.kendall@bakernet.com or
<mailto:diane.purdy-tsang@bakenet.com> diane.purdy-tsang@bakenet.com   Alert
Date: 9/15/01

VN - draftdecreeDRAFT DECREE ON SALARIES OF EMPLOYEES OF FOREIGN INVESTED
ENTERPRISES: The Ministry of Labour, War Invalids and Social Affairs
recently issued a decree summarizing government opinions on the draft decree
on salaries of workers for Foreign Invested Enterprises, as well as foreign
and international organizations and individuals in Vietnam. See " Circular
No. 1859 <http://www.bmck.com/gel/articles/Vietnam-Draft Decree on
Salaries.doc> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com
or  <mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com
Alert Date: 9/15/01

VN - HANOI PLANS TO DEVELOP IT CENTER: The city of Hanoi recently announced
plans to spend VND400 billion on developing information technology, in the
hopes of making this a key industry in the first decade of the new century.
See " IT Development
<http://www.vietnamembassy-usa.org/news/newsitem.php3?datestamp=200109060030
43> ."  <mailto:william.kuo@bakernet.com> william.kuo@bakernet.com or
<mailto:anthony.jacobsen@bakernet.com> anthony.jacobsen@bakernet.com   Alert
Date: 9/15/01

VN - PAY RAISES BENEFIT THE PROFESSIONAL: According to recent figures from
the Service of Labour, War Invalids and Social Affairs, the average wage of
a worker in Ho Chi Minh City increased slightly over the last year while
professionals have gained a significantly larger slice of the pie. See " Pay
Rises Benefit Professionals <http://www.bmck.com/gel/articles/Vietnam-Pay
Raises Benefit the Professional.doc> ."  <mailto:fred.burke@bakernet.com>
fred.burke@bakernet.com or  <mailto:oliver.massmann@bakernet.com>
oliver.massmann@bakernet.com  Alert Date: 9/15/01

VN - COMMON SALARY SYSTEM FOR STATE EMPLOYEES LIKELY: Experts at the
Vietnamese Government Personnel Commission have recently shown support for a
proposed measure under which a common salary system for state bureaucrats
will be adopted. See " Common Salary System
<http://www.bmck.com/gel/articles/Vietnam-Common Salary System for State
Employees.doc> ."  <mailto:fred.burke@bakernet.com> fred.burke@bakernet.com
or  <mailto:oliver.massmann@bakernet.com> oliver.massmann@bakernet.com
Alert Date: 9/15/01

Europe___CISEurope & CIS	 top
BY - OPPOSITION FIGURE EXPOSES GOVERNMENT'S ANTI-DEMOCRATIC MANEUVERS: The
editor in chief of Belarus' largest independent newspaper recently visited
the headquarters of the International Confederation of Free Trade Unions
(ICFTU) and voiced criticisms of his government's current campaign of
undemocratic practices and trade union rights violations. See " Government
Exposed
<http://www.icftu.org/displaydocument.asp?Language=EN&Index=991213233> ."
<mailto:evgeny.reyzman@bakernet.com> evgeny.reyzman@bakernet.com or
<mailto:jean.brough@bakernet.com> jean.brough@bakernet.com   Alert Date:
9/15/01

DE - VOLKSWAGEN AGREES TO LABOUR PROJECT TO CREATE 5,000 NEW JOBS FOR
UNEMPLOYED: Volkswagen AG and labour representatives recently reached an
agreement to create 5,000 new jobs for unemployed workers under a structure
that has been hailed as a sign of new flexibility in the German labour
market. See "VW Creates New Jobs."  <mailto:andre.sayatz@bakernet.com>
andre.sayatz@bakernet.com or  <mailto:ulrike.moog@bakernet.com>
ulrike.moog@bakernet.com   Alert Date: 9/15/01

DE - parttimeDISCRIMINATION OF PART-TIME EMPLOYEES: The German Federal
Labour Court recently overruled a decision of a district labour court and
granted a part-time employee who had received less wages per hour than his
full-time colleagues for the same work damage compensation under Section 823
of the Civil Code in the amount of the differential pay. According to
Section 2 of the former Act on the Promotion of Employment, which is
identical to Section 4 of the new Part-time and Fixed-Term Employment Act,
it is unlawful to discriminate against part-time workers in favor of
full-time workers on unreasonable grounds. The Court ruled that this was the
case due to the different wages and that Section 2 of the former Act on the
Promotion of Employment was a "statute intended for protection of others
within the meaning of Section 823 Civil Code." See " Part-Time Ruling
<http://www.bundesarbeitsgericht.de/mitteilungen01.html> ."
<mailto:christian.reichel@bakernet.com> christian.reichel@bakernet.com or
<mailto:claudia.heins@bakernet.com> claudia.heins@bakernet.com   Alert Date:
9/15/01

DE - NO UNLIMITED DAMAGE CLAIM AFTER VOID DISMISSAL: The Labour Court of
Frankfurt ruled recently that an employee who received a notice of
termination that had been held void by the court cannot claim damages which
result from a termination of his life insurance contract. Due to the loss of
his job, the dismissed employee could not afford to continue to pay his
contributions to his life insurance and terminated the contract. After the
Court stated that the dismissal was in fact void he purchased a new life
insurance with less favorable conditions than the former one. The employee
claimed compensation of the damage resulting from the different conditions
of the life insurance contracts. The Court dismissed his claim on the
grounds that such financial risks have to be borne by employees. See " No
Unlimited Damages <http://afaz.gbi.de/cgi-bin/gbiwww?FLAG=120&SEITE=FAZein>
."  <mailto:jacqueline.piran@bakernet.com> jacqueline.piran@bakernet.com or
<mailto:ulrich.ziegler@baker-net.com> ulrich.ziegler@baker-net.com   Alert
Date: 9/15/01

DE - PRIVATE INTERNET SURFING AT WORK: On September 4, 2001, the Labour
Court of Wesel ruled that if an employer does not notify its employees that
private Internet surfing at work is prohibited during working hours, private
Internet surfing at work for nearly one hundred hours a year does not
justify a dismissal for cause. The employer is obliged to first give a
formal warning to the employee. Only in case of repetition of such excessive
use of the internet after such warning may a termination be held valid. See
" Internet Ruling
<http://www.wdr.de/online/computer/arbeitsgericht_surfen/index.phtml> ."
<mailto:petra.hess@bakernet.com> petra.hess@bakernet.com or
<mailto:gregor.dornbusch@bakernet.com> gregor.dornbusch@bakernet.com   Alert
Date: 9/15/01

DE - DISMISSAL ONE WEEK AFTER DEATH OF SPOUSE IS NO VIOLATION OF GOOD FAITH:
The German Federal Labour Court recently reaffirmed its general rule
concerning the timing of dismissals. In general, an employer who respects
the mandatory notice periods and the termination protection rules can give
notice whenever and wherever it wants. For example, a notice is not void
because it was given on Christmas day. A dismissal can be contrary to good
faith only in extreme situations. This is, for example, the case if the
employer gives notice at a particular moment in order to deliberately harm
the employee. According to these rules, the Court stated that it is not an
extreme situation when an employee is given notice only a few days after the
death of his spouse. See " Termination
<http://www.bundesarbeitsgericht.de/> Ruling."
<mailto:jan.valentin@baker-net.com> jan.valentin@baker-net.com or
<mailto:markus.kappenhagen@bakernet.com> markus.kappenhagen@bakernet.com
Alert Date: 9/15/01

DE - PETTY THEFT DOES NOT JUSTIFY DISMISSAL FOR CAUSE: The Labour Court of
Frankfurt recently stated that petty theft justifies a dismissal for cause
if the employee has a leading position in the company. In contrast, the
Labour Court of Hamburg ruled that theft generally may be a reason for a
dismissal for cause, but as long as petty thefts do not result in reasonable
financial damage, such a criminal offense does not justify a dismissal for
cause. Instead, the employer should first give a formal warning to the
employee. See " Theft Rulings
<http://afaz.gbi.de/cgi-bin/gbiwww?FLAG=120&SEITE=FAZ.ein> ."
<mailto:nina.cahlik@bakernet.com> nina.cahlik@bakernet.com or
<mailto:bernhard.trappehl@bakernet.com> bernhard.trappehl@bakernet.com
Alert Date: 9/15/01

ES - EXCESSIVE INTERNET USE IS CAUSE FOR DISMISSAL: Spanish Labour Courts
have recently considered excessive use of the internet in the workplace. The
courts have concluded that surfing the web for private use during working
hours on computers owned by an employer will be sufficient cause for
dismissal.  <mailto:alex.valls@bakernet.com> alex.valls@bakernet.com or
<mailto:mteresa.franquesa@bakernet.com> mteresa.franquesa@bakernet.com
Alert Date: 9/15/01

ES - LAW MODIFIES LABOUR MARKET: The recent passage of Law 12/2001 modifies
the labour markets while increasing employment and improving its quality.
This new law introduces measures to foment the indefinite employment
contract and intensifies guaranties in the outsourcing and transfer of
employees.  <mailto:monica.julve@bakernet.com> monica.julve@bakernet.com or
<mailto:pilar.tellez@bakernet.com> pilar.tellez@bakernet.com   Alert Date:
9/15/01

ES - SPAIN DETAINS 42 ILLEGAL IMMIGRANTS: On September 9, 2001, police in
southern Spain arrested more than 40 illegal African immigrants traveling in
two boats trying to reach Spanish shores. See " African Immigrants Detained
<http://www.cnncom/2001/WORLD/africa/09/02/spain.immigrants.reut/index.html>
."  <mailto:alex.valls@bakernet.com> alex.valls@bakernet.com or
<mailto:pilar.tellez@bakernet.com> pilar.tellez@bakernet.com   Alert Date:
9/15/01

FR - JUDGE ORDERS ONE FRANC IN DAMAGES FOR WEB SITE ABUSES: A French judge
recently ordered a disgruntled ex-employee to pay one franc in damages to
his former employer after he created a web site and posted defamatory
remarks about company employees. See " Employee Found Liable For Web Site
Postings Critical Of
<http://melbourne.butterworths.co.uk/cgi-bin/db/query.pl?sv=ECommerce&id=661
3&dp> Employer."  <mailto:gilles.jolivet@bakernet.com>
gilles.jolivet@bakernet.com or  <mailto:denise.broussal@bakernet.com>
denise.broussal@bakernet.com   Alert Date: 9/15/01

IE - GOVERNMENT MUST CONCENTRATE ON QUALITY OF PUBLIC SPENDING: On September
5, 2001, the Irish Business and Employers Confederation (IBEC) called on the
government to focus on the quality of public spending, explaining that
businesses and the public deserve better public services, particularly in
the health field. See " Quality Public Spending
<http://www.ibec.ie/ibec/Press/PressPublicationsdoclib3.nsf/966008fe067c28d8
802569420055bc17/bd84dad7048c090980256abe005aa030?OpenDocument> ."
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com or
<mailto:kristen.barker@bakernet.com> kristen.barker@bakernet.com   Alert
Date: 9/15/01

NL - EMPLOYERS EXPOSED: The Dutch Government intends to disclose disability
risks at large employers. The purpose of this measurement is to compare the
number of employees of large companies who benefit from the Dutch
Disablement Benefits Act. In addition, the disclosure of those figures
should encourage employers to pay more attention to working conditions and
corporate policies regarding absenteeism and reintegration.
<mailto:joseph.f.van.vlijmen@bakernet.com> joseph.f.van.vlijmen@bakernet.com
or  <mailto:steffan.j.dejong@bakernet.com> steffan.j.dejong@bakernet.com
Alert Date: 9/15/01

NL - workscouncilWORKS COUNCIL FRUSTRATES SALE AT LAURUS: The Central Works
Council of the Laurus group of supermarket companies has initiated legal
proceedings before the Dutch Chamber of Commerce. The Central Works Council
wants to stop the sale of the company to competitor Sperwer Group. At the
same time, Sperwer has commenced summary proceedings against Laurus,
claiming that the transactions must proceed. According to the Central Works
Council, new facts and circumstances forced it to reconsider its positive
advice given earlier.  <mailto:mirjam.a.de.blecourt@bakernet.com>
mirjam.a.de.blecourt@bakernet.com or
<mailto:hendrikje.s.c.crebolder@bakernet.com>
hendrikje.s.c.crebolder@bakernet.com  Alert Date: 9/15/01

NL - pensionPENSION ARRANGEMENTS MANDATORY IN THE FUTURE: Employers and
employees have agreed upon a mandatory supplementary pension system, offered
by the employer. According to current Dutch pension law, employers are not
obliged to provide supplementary pension benefits, as a mandatory pension
system is considered to be too expensive for employers. However, the SER
(the Dutch National Economic Development Council) will unanimously advise
the legislature with respect to a completely different Pension Act for the
future.  <mailto:anita.de.jong@bakernet.com> anita.de.jong@bakernet.com or
<mailto:mirjana.maric@bakernet.com> mirjana.maric@bakernet.com   Alert Date:
9/15/01

NL - PROHIBITION ON COLLECTIVE EARLY RETIREMENT: The Dutch Government will
submit a legislative proposal to the Lower House of Dutch Parliament with
respect to the prohibition of a collective early retirement in Collective
Bargaining Agreements. The State Secretary of Social Affairs and Employment
is of the opinion that a system of collective early retirement before the
age of 65 is a form of age discrimination.
<mailto:karin.w.m.bodewes@bakernet.com> karin.w.m.bodewes@bakernet.com or
<mailto:mirjana.maric@bakernet.com> mirjana.maric@bakernet.com   Alert Date:
9/15/01

NL - EMPLOYMENT OPPORTUNITIES CALL CENTRES: According to the Dutch State
Secretary of Social Affairs and Employment, developments in the telephone
and computer industry will create jobs at call centres. The developments
will lead to more employment opportunities for specific groups in the labour
market, including women, handicapped persons, and ethnic minorities. Due to
possibilities of working flexible hours, call centres offer the opportunity
to combine work and care more easily.  <mailto:anita.de.jong@bakernet.com>
anita.de.jong@bakernet.com or  <mailto:marielle.daudt@bakernet.com>
marielle.daudt@bakernet.com   Alert Date: 9/15/01

NL - EMPLOYER PAYS UNEMPLOYMENT BENEFITS: The Dutch Parliament is
considering legislation where employers may be obliged to pay part of the
unemployment benefits for an employee if they dismiss an employee who is
57.5 years of age or older. If the Lower House of Dutch parliament adopts
the bill, it will have retroactive effect as from May of 2001. This implies
that employers that have dismissed employees who are 57.5 or over since May
of 2001 may be confronted in the future with the obligation to contribute to
the unemployment benefits of those employees.
<mailto:karin.w.m.bodewes@bakernet.com> karin.w.m.bodewes@bakernet.com or
<mailto:svenne.korthalsaltes@bakernet.com> svenne.korthalsaltes@bakernet.com
Alert Date: 9/15/01

SE - newageNEW LAW ON AGE RESTRICTIONS IN EMPLOYMENT: Effective September 1,
2001, Swedish law forbids the mandatory retirement of workers until age 67.
Previous Swedish law had allowed forced retirements at age 65. See " New
Retirement Age <http://www.bmck.com/gel/articles/Sweden - New Age of
Retirement.doc> ."  <mailto:Sten.baurer@bakernet.com>
sten.bauer@bakernet.com or  <mailto:anna.arnell@bakernet.com>
anna.arnell@bakernet.com   Alert Date: 9/15/01

SE - FEES FOR APPLICATIONS FOR RESIDENCE: Workers applying for residency in
Sweden are now subject to new rules and fees effective as of July 15, 2001.
The fee for work in Sweden is now SEK 1,000. See " Residency Fees
<http://www.bmck.com/gel/articles/Sweden-Fees to Apply for Residence.doc> ."
<mailto:Sten.baurer@bakernet.com> sten.bauer@bakernet.com or
<mailto:anna.arnell@bakernet.com> anna.arnell@bakernet.com   Alert Date:
9/15/01

UK - DISABLED-FRIENDLY WEBSITES ADVICE: Tayside Companies were recently
warned they could face legal action if they do not ensure their web sites
are accessible by the disabled. Members of the Digital Media Access Group
(DMAG) warned UK businesses to take heed of the lesson learned by designers
of the Sydney Olympics web site who found themselves in court because of the
lack of accessibility for disabled people. The UK has legislation in place
in the form of the Disability Discrimination Act of 1995 which states that
providers of services must take reasonable steps to provide access to their
services, which include providing technology such as audio devices for the
blind. See " Web Site Advice
<http://www.get.hobsons.com/sections/equal_opps/disabled/ds_friendly.html>
."  <mailto:john.evason@bakernet.com> john.evason@bakernet.com or
<mailto:peter.duff@bakernet.com> peter.duff@bakernet.com   Alert Date:
9/15/01

UK - BANK BOSS DEMOTED TO OFFICE CLEANER TELLS OF JOY AT TRIBUNAL VICTORY: A
bank manager, who was demoted and given cleaning duties when she returned
from maternity leave, recently won her claim of sex discrimination at an
employment tribunal. The employees had brought claims against First National
Bank in Glasgow for discrimination and constructive dismissal.
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com or
<mailto:kirsten.barker@bakernet.com> kirsten.barker@bakernet.com   Alert
Date: 9/15/01

UK - WOMEN POLICE DEMAND AN END TO MACHO CULTURE: Police chiefs in the UK
were told recently to sweep away sexism which blocks progress for talented
women and has led to compensation for sexual harassment and discrimination.
See " Women Police Call For Reform
<http://www.homeoffice.gov.uk/new_indexs/index_police.htm> ."
<mailto:sarah.gregory@bakernet.com> sarah.gregory@bakernet.com or
<mailto:karen.black@bakernet.com> karen.black@bakernet.com   Alert Date:
9/15/01

UK - IMMIGRATION HOLD-UP: Overseas executives recently joined the queue at
Croydon's immigration office because of a change in the rules for
fast-tracking business service. The move could slow down business people and
prevent them from traveling. See " Immigration Hold-Up
<http://globalarchive.ft.com/globalarchive/articles.html?id=010827001008&que
ry=Immigration+hold-up+on+the+case> ."  <mailto:tony.haque@bakernet.com>
tony.haque@bakernet.com or  <mailto:rizwan.bhatti@bakernet.com>
rizwan.bhatti@bakernet.com   Alert Date: 9/15/01

UK - COMMISSION REPORTS THAT EMPLOYMENT TRIBUNALS ARE FAILING VICTIMS OF
SEXUAL HARASSMENT: The UK Equal Opportunities Commission recently reported
that nine out of ten people who bring a sexual harassment case to an
employment tribunal lose their job or resign as a consequence of the
harassment. See " Commission  <http://www.eoc.org.uk/sh/index.htm> Report."
<mailto:robert.west@bakernet.com> robert.west@bakernet.com or
<mailto:nigel.moss@bakernet.com> nigel.moss@bakernet.com   Alert Date:
9/15/01

UK - UNION MEMBERSHIP ON RISE: On September 8, 2001, the UK Department of
Trade and Industry reported that labour union membership in the United
Kingdom has grown for the second year running after a sustained 25-year
decline. See " Labour  <http://www.statistics.gov/uk/pdfdir/lmt0901.pdf>
Union Membership Increasing."  <mailto:Christine.obrien@bakernet.com>
christine.obrien@bakernet.com or  <mailto:nigel.moss@bakernet.com>
nigel.moss@bakernet.com   Alert Date: 9/15/01

UK - BRITISH INDUSTRY ATTACKS DECISION TO DROP EMPLOYMENT TRIBUNAL FEE: On
September 5, 2001, industry groups criticized the United Kingdom's decision
to drop legislation to charge workers 100 pounds for lodging employment
tribunal claims against employers on issues such as unfair dismissal, racial
discrimination, and pay. See " Tribunal Fee Dispute
<http://news.bbc.co.uk/hi/english/uk_politics/newsid_1526000/1526708.stm> ."
<mailto:kirsten.barker@bakernet.com> kirsten.barker@bakernet.com or
<mailto:sarah.gregory@bakernet.com> sarah.gregory@bakernet.com   Alert Date:
9/15/01

UK - GOVERNMENT PUBLISHES PROPOSALS FOR REFORM OF THE TRANSFER OF
UNDERTAKINGS (PROTECTION OF EMPLOYMENT REGULATIONS 1981): The UK Government
has issued a long awaited consultation paper and its proposals for reform of
TUPE to accord with the 1998 revisions to the Acquired Rights Directive. The
new proposals cover transfer of pension rights and specific protection for
"second generation" outsourcings.  <mailto:john.evason@bakernet.com>
john.evason@bakernet.com or  <mailto:sarah.gregory@bakernet.com>
sarah.gregory@bakernet.com   Alert Date: 9/15/01

UK - LIABILITY OVER OFFENSIVE E-MAILS: A former employee of a London law
firm has complained of sex and race discrimination after she read offensive
e-mails sent by a partner in the firm and another solicitor suggesting that
they choose as her successor a "busty blonde." See " Offensive E-Mail
<http://news.bbc.co.uk/hi/english/sci/tech/newsid_1530000/1530458.stm> ."
<mailto:sarah.gregory@bakernet.com> sarah.gregory@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 9/15/01

UK - FIXED TERM CONTRACTS: In March, the UK Government issued draft
regulations and a consultation paper seeking further views on the
implementation of the European Union fixed term contract workers directive.
The consultation period has now closed and the Government is now reviewing
over 200 responses to the consultation paper.
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com or
<mailto:john.evason@bakernet.com> john.evason@bakernet.com   Alert Date:
9/15/01

UK - PHONING WORKERS AT HOME: Despite recent advice given by the UK
Institute of Management suggesting that contacting a worker at home may
amount to a breach of his or her right to privacy, many employment experts
have commented that there are occasions on which it is permissible, and
indeed desirable, to do this. This is because the "right to privacy" under
the Human Rights Act is a qualified right.
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com or
<mailto:sarah.gregory@bakernet.com> sarah.gregory@bakernet.com   Alert Date:
9/15/01

UK - SEX DISCRIMINATION AND BURDEN OF PROOF: Employers are gearing up to
meet the demands of the sex discrimination (Indirect Discrimination and
Burden of Proof) Regulations 2001, which come into force in October of 2001.
These possibly extend the scope of indirect sex discrimination and may make
it more difficult for employers to defeat allegations of discrimination.
<mailto:sarah.gregory@bakernet.com> sarah.gregory@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 9/15/01

UK - PLANS TO CHARGE TRIBUNAL APPLICANTS A ?100 FEE SCRAPPED: The proposal
to reduce numbers of Employment Tribunal applicants by charging a fee has
had a very short life and has now been abandoned.
<mailto:ellen.temperton@bakernet.com> ellen.temperton@bakernet.com or
<mailto:john.evason@bakernet.com> john.evason@bakernet.com   Alert Date:
9/15/01

UK - refugeesUK JUDGE RULES REFUGEES HELD ILLEGALLY: On September 7, 2001, a
British judge ruled that the detention of four Iraqi Kurdish refugees at a
former air force base was unlawful. The ruling is a possible setback to
Britain's fight against illegal immigrants and could also lead to
compensation claims. See " Judge Rules Refugees Held Illegally
<http://www.news.findlaw.com/internationsl/s/20010907/britainasylumdc.html>
."  <mailto:tony.haque@bakernet.com> tony.haque@bakernet.com or
<mailto:john.evason@bakernet.com> john.evason@bakernet.com   Alert Date:
9/15/01

UK - AMAZON ACCUSED IN ROW OVER BALLOT: On September 11, 2001, personnel
officers at Amazon.com have written letters on behalf of their co-workers
stating the workers want to resign from a trade union. The workers are in a
recognition dispute that threatens to test the Labour Government's changes
to UK employment law. See " Trade Union Special Report
<http://www.guardian.co.uk/unions/story0,1292,549877,00.html> ."
<mailto:kristen.barker@bakernet.com> kristen.barker@bakernet.com or
<mailto:rizwan.bhatti@bakernet.com> rizwan.bhatti@bakernet.com   Alert Date:
9/15/01

UK - GUARDIAN ANGEL SCHEME TO CUT ABUSE: Union chiefs have recently called
for a Scotland-wide guardian angel alarm system to protect health care
workers who are facing physical and verbal abuses. This comes in the context
of Scotland's largest union reporting unprecedented levels of abuse. See "
Guardian Angel
<http://news.bbc.co.uk/hi/english/uk/scotland/newsid_1537000/1537335.stm> ."
<mailto:jenny.andrews@bakernet.com> jenny.andrews@bakernet.com or
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com   Alert
Date: 9/15/01

UK - MCDONALD'S SPONSORSHIP OF PARTY CONFERENCE: On September 12, 2001, the
general secretary of the International Federation of Trade Unions (IUF)
wrote a letter expressing distress at the United Kingdom's decision to
solicit and accept McDonald's sponsorship of a reception at New Labour's
annual conference. According to the IUF, the decision expresses a clear
repudiation of the democratic values of the labour movement, values which
New Labour claims to embody despite disagreements with the party's trade
union constituency over some policies. See " McDonald
<http://www.iuf.org/iuf/news/010910.htm/> 's Sponsorship."
<mailto:christine.obrien@bakernet.com> christine.obrien@bakernet.com or
<mailto:johnevason@bakernet.com> johnevason@bakernet.com   Alert Date:
9/15/01

YU - PROTEST UNION BUSTING AT BEGRADE HYATT HOTEL: Nineteen union members at
Belgrade's Hyatt Regency Hotel have recently been fired for taking part in
strike action. See " Union Members Sacked For Striking
<http://www.iuf.org/iuf/Urgent/index.htm> ."
<mailto:serhiy.chorny@bakernet.com> serhiy.chorny@bakernet.com or
<mailto:julia.borozdna@bakernet.com> julia.borozdna@bakernet.com   Alert
Date: 9/15/01

Africa_Middle_EastAfrica/Middle East	 top
ZA - MINE FACES HEALTH AND SAFETY INQUIRY: The South African Minerals and
Energy Department has recently set a date for a three-day inquiry into
allegations that Vantech may have broken health and safety legislation at
its Steelpoort mine. The inquiry will begin on October 8, 2001, and comes as
a result of intense lobbying by the National Union of Mineworkers. See "
Health And Safety Issues
<http://wwwbday.co.za/bday/content/direct/1,3523,926165-6078-0,00.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakenet.com> william.j.dorsey@bakenet.com   Alert
Date: 9/15/01

ZW - zimbUNION ISSUES GRIM WARNING OF MASSIVE REVOLT: Zimbabwe's main labour
body recently warned of a massive revolt by poverty-stricken Zimbabweans
unless the government acts swiftly to end the country's economic decline.
See " Revolt On Horizon
<http://allafrica.com/storeis/printable/200109070354.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:william.j.dorsey@bakenet.com> william.j.dorsey@bakenet.com   Alert
Date: 9/15/01

South_AmericaSouth America	 top
BR - brazilBRAZILIAN AUTOWORKERS SEEK PAY RAISE OF AT LEAST 7%: On September
5, 2001, autoworkers in the industrial area of Sao Paolo began mobilizing a
campaign for a pay raise of at least 7%. Labour groups throughout the region
began work delays at various plants owned by Ford, Toyota, Mercedes-Benz,
and Volkswagon in an attempt to paralyze production at the plants and to
draw attention to the demands of the workers. The 7% pay raise demand
corresponds to the level of inflation over the last year, but workers are
also attempting to discuss methods to ensure that they will have an increase
in real wages as well. See " Brazil's
<http://sg.biz.yahoo.com/010829/15/1dos9.html> Auto Workers Seek Pay Raise
Of At Least 7%."  <mailto:sergio.caiuby@bakernet.com>
sergio.caiuby@bakernet.com or  <mailto:ana.p.vizintini@bakernet.com>
ana.p.vizintini@bakernet.com   Alert Date: 9/15/01

CL - chileanREFORMS TO THE CHILEAN LABOR CODE: On September 11, 2001, the
Chilean Congress approved various reforms to the Labor Code. The reforms set
increases to severance pay entitlements in the circumstances of an
unjustified, undue, or incorrect dismissal, as well as terminations for
anti-union practices. The measures will become effective upon publication in
the Chilean Official Gazette, which is expected in the later part of
September of 2001. See " Reforms To The Chilean Labour Code
<http://www.bmck.com/gel/articles/Chile-Reforms to the Labor Code.doc> ."
<mailto:Vicente.eguiguren@bakernet.com> vicente.eguiguren@bakernet.com or
<mailto:ricardo.ovalle@bakernet.com> ricardo.ovalle@bakernet.com   Alert
Date: 9/15/01

GT - TAX REFORM MEASURES CONTINUE DESPITE VIOLENT PROTESTS: On September 4,
2001, Guatemalan President Alfonso Portillo vowed to continue pressing for
tax reforms, despite protests during the first week of September which left
dozens injured and hundreds arrested in clashes with police throughout the
country. The reforms proposed by Portillo would raise the value-added tax
from 10% to 12% and raise the current tax on sea and air transport by 100%.
In response, the national chambers of agriculture, commerce, and industry
commenced a one-day strike, which organizers claim virtually shut down the
country. See " Guatemala Leader Defies Protestors
<http://news.bbc.co.uk/hi/english/world/americas/newsid_1473000/1473018.stm>
."  <mailto:fernando.saenz@bakernet.com> fernando.saenz@bakernet.com or
<mailto:ignacio.garcia@bakernet.com> ignacio.garcia@bakernet.com   Alert
Date: 9/15/01

North_AmericaNorth America	 top
CA - STUDY SEES DOWNWARD TREND IN TIME LOST AS RESULT OF INDUSTRIAL DISPUTES
IN CANADA: A recent study released by Statistics Canada concluded that the
number of industrial disputes and the time lost due to such disputes in
Canada have declined significantly over the past two decades. See "
Perspective <http://www.statcan.ca/english/ads/75-001-XIE/index.htm> 's On
Labour And Income."  <mailto:kevin.b.coon@bakernet.com>
kevin.bcoon@bakernet.com or  <mailto:ana-maria.mills@bakernet.com>
ana-maria.mills@bakernet.com   Alert Date: 9/15/01

CA - UNEMPLOYMENT IN CANADA ON THE RISE: According to recent reports, the
unemployment rate in Canada is on the rise. August of 2001 was the third
consecutive month of job losses, raising fears in some quarters of a
recession. See " Unemployment On The Rise
<http://www.statcan.ca/Daily/English/010907/d010907b.htm> ."
<mailto:Willliam.watson@bakernet.com> willliam.watson@bakernet.com or
<mailto:joanne.owers@bakernet.com> joanne.owers@bakernet.com   Alert Date:
9/15/01

CA - CANADIAN NATIONAL UNEMPLOYMENT RATE INCREASED TO 7.2 PERCENT IN AUGUST:
On September 7, 2001, Statistics Canada reported a slight decrease in
employment coupled with a rise in labor force participation accounted for
the increase in Canada's national unemployment rate to 7.2% in August of
2001. See " Canada
<http://www.statcan.ca/english/Subjects/Labour/LFS/lfs-en.htm> 's
Unemployment Rate Increases."  <mailto:kevin.b.coon@bakernet.com>
kevin.b.coon@bakernet.com or  <mailto:charlotte.hutchinson@bakernet.com>
charlotte.hutchinson@bakernet.com   Alert Date: 9/15/01

CA - EMPLOYER FINED CA$200,000 FOR VIOLATING ONTARIO'S OCCUPATIONAL HEALTH
AND SAFETY ACT: The Ontario Court of Justice in Brampton recently fined the
Con-Drain Company (1983) Limited, a watermain and sewer contractor, for
violating the Occupational Health and Safety Act
<http://www.gov.on.ca/lab/ann/01-48e.htm> . In 1998, an employee of
Con-Drain of was killed while assisting in the installation of a manhole at
the construction site when the manhole's top section fell on him. The Court
fined the employer CA$200,000, while the supervisor on the project was fined
CA$15,000.  <mailto:Kevin.b.coon@bakernet.com> kevin.b.coon@bakernet.com or
<mailto:shantanu.roy@bakernet.com> shantanu.roy@bakernet.com   Alert Date:
9/15/01

CA - EMPLOYER FINED CA$100,000 FOR VIOLATING ONTARIO'S OCCUPATIONAL HEALTH
AND SAFETY ACT: The Ontario Court of Justice recently ordered Weyerhaeuser
Company Ltd, to pay CA$100,000 for violating the Occupational
<http://www.gov.on.ca/lab/ann/01-49e.htm> Health and Safety Act, when an
employee was injured when a bale of pulp fell on him. Weyerhaeuser pled
guilty to the charge of failing to ensure that the bales of pulp and paper
were moved in a manner that did not endanger the safety of a worker.
<mailto:Susan.g.seller@bakernet.com> susan.g.seller@bakernet.com or
<mailto:shantanu.roy@bakernet.com> shantanu.roy@bakernet.com   Alert Date:
9/15/01

MX - MEXICAN VOLKSWAGON STRIKE HALTED: On September 5, 2001, Volkswagon and
Mexican union leaders reached an agreement effectively ending the 19 day
strike that had crippled the German automaker's production plant near Mexico
City. Negotiations between Volkswagon and Mexican labour officials resulted
in a 10.2% pay raise for the 16,000 workers at the plant. After the union's
initial demands for a 30% wage raise were rebuffed, the unions began a
strike which virtually halted production at the plant, costing Volkswagon an
estimated US$30 million a day. See " VW, Union Reach Pact Ending Mexican
Strike
<http://dailynews.yahoo.com/h/nm/20010905/bs/autos_mexico_volkswagen_dc_2.ht
ml> ."  <mailto:alfredo.kepfer-dominguez@bakernet.com>
alfredo.kepfer-dominguez@bakernet.com or
<mailto:salvador.pasquel-villegas@bakernet.com>
salvador.pasquel-villegas@bakernet.com   Alert Date: 9/15/01

MX - VOLKSWAGON SUSPENDS INVESTMENT PLANS AFTER DEALING WITH STRIKE: On
September 7, 2001, Volkswagon announced that it was suspending its US$1.5
billion investment plan in Mexico just hours after resolving a 19 day
strike. Stating that circumstances had changed, Volkswagon vice-chairman
Francisco Bada said that his company was halting the investments in Mexico
at this time, and instead channeling the money towards Asian investments.
See " VW Suspends Mexican Investment
<http://news.bbc.co.uk/hi/english/business/newsid_1527000/1527992.stm> ."
<mailto:perla.d.arreola-carbajal@bakernet.com>
perla.d.arreola-carbajal@bakernet.com or
<mailto:jorge.a.de.regil@bakernet.com> jorge.a.de.regil@bakernet.com   Alert
Date: 9/15/01

MX - immigrationMEXICAN PRESIDENT URGES U.S. TO REFORM IMMIGRATION POLICIES:
On September 5, 2001, Mexican President Vicente Fox urged the United States
to reform policies on immigration, so that more Mexicans may be granted
guest-worker status. President Fox called for both the Mexican and U.S.
Governments to resolve this issue by the end of the year, and said that his
Administration and the U.S. Congress would need to "think creatively" to
ensure as many Mexicans as possible are working legally. See " Fox Urges
Immigration Overhaul
<http://news.excite.com/news/ap/010906/15/news-bush-mexico> ."
<mailto:manuel.limon@bakernet.com> manuel.limon@bakernet.com or
<mailto:perla.d.arreola-carbajal@bakernet.com>
perla.d.arreola-carbajal@bakernet.com   Alert Date: 9/15/01

MX - JOINT STATEMENT BETWEEN THE UNITED STATES AND MEXICO : On September 6,
2001, the White House released a joint statement between the United States
and Mexico highlighting the three-day state visit of Mexican President
Vicente Fox to the United States. The statement summarized talks between the
U.S. and Mexico, with a particular emphasis on trade and immigration. See "
Joint Statement
<http://wwwwhitehouse.gov/news/releases/2001/09/20010906-8.html> ."
<mailto:francisco.j.legarreta@bakernet.com>
franciscoj.legarreta@bakernet.com or  <mailto:hector.granados@bakernet.com>
hector.granados@bakernet.com   Alert Date: 9/15/01

US - NEW YORK OFFICE OF EEOC DESTROYED IN TERRORIST ATTACK: The New York
office of the U.S. Equal Employment Opportunity Commission (EEOC) was
destroyed as a result of the terrorist attacks on the World Trade Center on
September 11, 2001. The New York office of the EEOC is one of the leading
District Offices of the Commission. The EEOC announced that steps were
immediately undertaken to transfer the Commission's services in New York to
Washington, D.C. until the New York office can be relocated and made fully
operational. See: " New York EEOC Office
<http://www.eeoc.gov/press/9-12-01.html> ."
<mailto:Gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
robert.l.lewis@bakernet.com <mailto:robert.l.lewis@bakernet.com>   Alert
Date: 9/15/01

US - CALIFORNIA WORKERS E-MAIL PRIVACY BILL CLEARS LEGISLATURE: The
California State Assembly recently passed a bill that would allow employers
to monitor e-mail communications of employees if monitoring is done pursuant
to a pre-existing company policy. If enacted into law, the measure would
prevent employers from reading their employees' communications on work
e-mail addresses. The bill now awaits review by the state's Governor. See "
E-Mail Monitoring <http://www.newsbytes.com/news/01/169603.html> ."
<mailto:renee.s.schor@bakernet.com> renee.s.schor@bakernet.com or
<mailto:cynthia.jackson@bakernet.com> cynthia.l.jackson@bakernet.com   Alert
Date: 9/15/01

US - SKILLED LABOR SHORTAGE COULD THREATEN ECONOMIC PROSPERITY: According to
a recent report by the Employment Policy Foundation, changes in the U.S.
workforce are likely to create challenges for employers. The study, entitled
"Building America's Workforce For The 21st Century," analyzes the current
state of the American workforce and outlines obstacles that could lead to a
decline in the pool of skilled workers in coming years. See " Future Labor
And Skills Shortage Threatens America's Economic
<http://www.epf.org/research/labordayreports/2001/LDRsummary2001.asp>
Prosperity."  <mailto:gerald.l.maatman@bakernet.com>
gerald.l.maatman@bakernet.com or  <mailto:andrew.j.boling@bakernet.com>
andrew.j.boling@bakernet.com   Alert Date: 9/15/01

US - IMMIGRANT LEGALIZATION PROGRAM WOULD BOOST ECONOMY AND MEET EMPLOYERS
FUTURE NEEDS: According to a recent study from the North American
Integration and Development Center at the University of California,
undocumented immigrants contribute about US$300 billion to the U.S. gross
national product. The study also concluded that immigrants would be more
productive if they were granted legal status. See " Comprehensive Migration
Policy Reform In North America: The  <http://naid.sppsr.ucla.edu/> Key To
Sustainable And Equitable Economic Integration."
<mailto:betsy.morgan@bakernet.com> betsy.morgan@bakernet.com or
<mailto:lynda.s.zengerle@bakernet.com> lynda.s.zengerle@bakernet.com   Alert
Date: 9/15/01

US - WORKERS FACE JOB CUTS WHILE CEO'S RECEIVE PAY HIKES: According to a
recent compensation report, top executives continue to enjoy substantial pay
raises while workers face the biggest wave of job cuts in ten years. In
spite of the U.S. economic slowdown that followed after almost 10 years of
rapid growth, firms continue to give healthy raises to chief executive
officers. See " Executive Excess
<nhttp://www.ips-dc.org/projects/execexcess2001.htm> 2001 Layoffs, Tax
Rebates And The Gender Gap, Eighth Annual CEO Compensation Survey."
<mailto:Kerry.a.weinger@bakernet.com> kerry.r.weinger@bakernet.com or
<mailto:kevin.s.simon@bakernet.com> kevin.s.simon@bakernet.com   Alert Date:
9/15/01

US - FIFTH CIRCUIT RULES STATES CAN BE SUED UNDER EPA: The U.S. Court of
Appeals for the Fifth Circuit recently affirmed an award under the Equal Pay
Act and Title VII of the Civil Rights Act of 1964 to a female biochemist who
earned about US$20,000 less annually than a male counterpart. The University
of Texas Health Science Center was ordered to pay back pay of $US$91,000 and
compensatory damages of US$20,000. See " Siler-Khoder v. University Of Texas
Health Science
<http://www.ca5.uscourts.gov/opinions/pub/00/00-50092-cv0.htm> Center."
<mailto:j.richar.hammett@bakernet.com> j.richard.hammett@bakernet.com or
<mailto:laurence.e.stuart@bakernet.com> laurence.e.stuart@bakernet.com
Alert Date: 9/15/01

US - NEW JERSEY CREATES NEW TAX ON EMPLOYERS AND EMPLOYEES: The State of New
Jersey has recently imposed a tax to begin on January 1, 2002, where each
worker and employer must contribute 0.0175% to the Supplemental Workforce
Fund for Basic Skills. The proceeds from the Fund will be used to provide
grants for basic skills training for qualified displaced, disadvantaged, and
employed workers and for other individuals with learning disabilities or
otherwise in need of vocational rehabilitation. See " NJ
<http://www.state.nj.us/governor/news/p10716b.html> Tax Law."
<mailto:kerry.r.weinger@bakernet.com> kerry.r.weinger@bakernet.com or
<mailto:william.l.schaller@bakernet.com> william.l.schaller@bakernet.com
Alert Date: 9/15/01

US - JUDGE BLOCKS STATE FROM ENFORCING TEMP AGENCY LAW: A federal judge
recently imposed an injunction on the state of Minnesota from limiting what
temp-agencies may charge for workers they supply to nursing homes. The block
means that Minnesota health-care providers may continue to accept temporary
workers from any temp-agency, not just those registered with the state under
the new law. See " Temp-Agency Law Blocked
<http://www.startribune.com/stories/462/662369.html> ."
<mailto:mark.l.karasik@bakernet.com> mark.l.karasik@bakernet.com or
<mailto:craig.r.annunziata@bakernet.com> craig.r.annunziata@bakernet.com
Alert Date: 9/15/01

US - ACTIVISTS OPPOSE PLAN TO MONITOR COURT EMPLOYEES' NET USE: Electronic
Frontier Foundation (EFF), a privacy and digital-rights advocacy group,
recently began urging activists to rally against a proposal to monitor the
Internet use of all federal judiciary employees. The EFF believes that
judicial employees must be trusted to use computers, especially if they are
being trusted to administer our courts. See " EFF Action Alert
<http://eff.org/alerts/20010831_eff_judicial_monitoring_alert.html> ."
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com or
<mailto:michael.j.wagner@bakernet.com> michael.j.wagner@bakernet.com   Alert
Date: 9/15/01

US - swapMOTIENT, TALK AMERICA TO LET WORKERS SWAP OPTIONS: Two Virginia
telecommunications companies recently announced a plan to replace their
stock options, which are trading for pennies, and give executives and
employees an incentive to stay and a second chance to profit from any
rebound in fortunes. The companies have offered to exchange employee stock
options, one company for new stock and the other for newly priced options.
See " Employee Stock Incentives
<http://www.newsbytes.com/news/01/169699.html> ."
<mailto:David.w.ellis@bakernet.com> david.w.ellis@bakernet.com or
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com
Alert Date: 9/15/01

US - noncompeteFLORIDA COURT REFUSES TO ENFORCE PACTS SIGNED BEFORE TAKEOVER
BY ANOTHER EMPLOYER: The Florida Fifth District Court of Appeals recently
ruled that Corporate Express Office Products, Inc. cannot enforce
non-compete agreements that three former employees signed with companies
later taken over by Corporate Express. In Florida, non-compete agreements
are considered personal service contracts and are generally not assignable
without the parties' consent or ratification. See " Restrictive Covenants
Found Non-Enforceable <http://www.5dca.org/Opinions/081301/5D01-864.pdf> ."
<mailto:frank.henry@bakernet.com> frank.henry@bakernet.com or
<mailto:richard.d.tuschmann@bakernet.com> richard.d.tuschmann@bakernet.com
Alert Date: 9/15/01

US - AFL-CIO LAUNCHES CAMPAIGN TO OPPOSE FAST-TRACK LEGISLATION: On
September 4, 2001, the American Federation of Labor-Congress of Industrial
Organizations (AFL-CIO) launched a campaign to oppose the passage of "fast
track" legislation that would grant additional powers to advance the free
trade movement throughout the Americas. The AFL-CIO and the assembled groups
have commenced bus tours throughout the United States in an effort to gain
attention to their cause, in hopes of defeating a proposed fast track
negotiation authority currently being debated in Congress. See " AFL-CIO
<http://www.aflcio.org/publ/press2001/pr0904.htm> Launches National Bus
Tours To Oppose Fast Track Trade Legislation."
<mailto:j.richard.hammett@bakernet.com> j.richard.hammett@bakernet.com or
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com   Alert
Date: 9/15/01

US - GLOBAL ECONOMY FORCING LABOR LEADERS TO CHANGE TACTICS: Many U.S. union
leaders have begun to acknowledge that the development of a global economy
has forced unions to become more cooperative in dealing with their
management counterparts. While many union members generally favor a more
antagonistic approach from their leaders, many union leaders acknowledge
that such behavior may create an impasse that could result in the loss of
jobs for union members because of the opportunities a global economy
provides for management. See " Labor, Management Dynamic Sees Change
<http://www.syracuse.com/business/syrnewspapers/index.ssf?/businessstories/2
0010903_bpnlabo.html> ."  <mailto:Steve.a.miller@bakernet.com>
steve.a.miller@bakernet.com or  <mailto:brian.s.arbetter@bakernet.com>
brian.s.arbetter@bakernet.com   Alert Date: 9/15/01

US - WORKERS WILLING TO CHANGE JOBS IN SPITE OF ECONOMIC UNCERTAINTY: A
study released on September 1, 2001, concludes that almost a third of U.S.
workers would leave their current job today if another better one came
along, the same proportion when the study was last taken during the 1999, a
relatively economically vibrant year. Analysts have pointed out that since
this shows that employers have failed to improve the degree of loyalty with
their employees, this proportion has stayed the same during a comparatively
stagnant economic period. The study also showed that more cosmetic attempts
to keep employees, such as pool tables and scooters in the recreation room,
were less likely to keep employees than a workplace culture that trained
employees for advancement and created an atmosphere of mutual respect. See "
Loyalty In The Workplace: 2001 National Employee Benchmark
<http://www.walkerinfo.com/press/docs/National_Employee_Study_Topline.PDF>
Study."  <mailto:Carole.a.spink@bakernet.com> carole.a.spink@bakernet.com or
<mailto:john.m.murphy@bakernet.com> john.m.murphy@bakernet.com   Alert Date:
9/15/01

US - PRESIDENT BUSH REACHES OUT TO U.S. WORKERS: On September 3, 2001,
President George W. Bush reached out to U.S. workers at Labor Day events in
Michigan and Wisconsin, acknowledging warning signs of the slowing economy
and vowing to ease the pain of working families. The President's remarks
were meant to show workers that he empathizes with their struggles, and that
his Administration is working to help solve some of the problems that may
come as a result of the slowing economy. See " Bush Vows
<http://sg.news.yahoo.com/010903/3/1e2xk.html> To Ease Economic Pain Of U.S.
Workers."  <mailto:Charlene.tsang@bakernet.com> charlene.tsang@bakernet.com
or  <mailto:j.richard.hammett@bakernet.com> j.richard.hammett@bakernet.com
Alert Date: 9/15/01

US - UNIONS MOVE INTO THE CAROLINAS: The recent growth by the labor movement
in Laurinsburg, North Carolina is looked upon as symbolic of the growth of
the labor movement throughout the Southeastern United States in recent
years. Traditionally, unions have not fared well in the American South,
particularly in the Carolinas, where union membership averages 3.6% to 4% of
the total workforce, well below the national average of 13.5%. Unions have
just started making headway recently in these anti-union regions, largely as
a result of economic slowdowns, massive lay-offs, and the downsizing of the
textile industry. See " Town Diversifies, Union Comes In
<http://www.charlotte.com/observer/business/pub/union0903.htm> ."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:neil.mcguinness@bakernet.com> neil.mcguinness@bakernet.com   Alert
Date: 9/15/01

US - CREATIVE EMPLOYEES BECOMING MORE VALUED ON ASSEMBLY LINES: On September
5, 2001, industry analysts noted that ingenuity and independent thinking
have become more valued attributes for U.S. assembly line workers. According
to the analysts, historically many assembly workers were encouraged to
"leave their brains at the door," but recent changes in leadership methods
and a desire to increase productivity have encouraged employers to treat
assembly line workers as more involved workers. The analysts credit a
combination of the desire for increased productivity, union efforts, and the
influence of Japanese methods of workplace improvements for the movement
towards a more involved assembly line. See " Workplace: Creative Employees
Needed
<http://dailynews.yahoo.com/h/nm/20010903/bs/column_workplace_dc_1.html> ."
<mailto:lisa.s.brogan@bakernet.com> lisa.s.brogan@bakernet.com or
<mailto:patrick.daly@bakernet.com> patrick.daly@bakernet.com   Alert Date:
9/15/01

US - U.S. ATTORNEY IN NEW YORK FORMS SPECIAL UNIT TO COMBAT INDUSTRIAL
ESPIONAGE: The U.S. Attorney for New York recently announced the formation
of a Computer Hacking and Intellectual Property unit, dubbed "CHIPs." The
division will consist of five prosecutors who will specialize in computer
and intellectual property crimes. The CHIPs unit will focus on computer
intrusions, Internet and computer fraud, theft of trade secrets, and
economic espionage. See " CHIPs Unit
<http://www.thestandard.com/article/0,1902,28896,00.html> ."
<mailto:kevin.s.simon@bakernet.com> kevin.s.simon@bakernetcom or
<mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com   Alert
Date: 9/15/01

US - EPILEPTIC EMPLOYEE UNABLE TO USE MACHINES COULD NOT PERFORM ESSENTIAL
FUNCTIONS OF THE JOB: The U.S. Court of Appeals for the Tenth Circuit
recently held that a mailroom employee with epilepsy had failed to show that
he could perform the essential functions of a job requiring him to work with
machinery. According, the employee's lawsuit under the Americans With
Disabilities Act was dismissed. See " Mathews v. Denver Post
<http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=10th&navby=case&no=9
91329> ."  <mailto:katerina.p.lewinbuk@bakernet.com>
katerina.p.lewinbuk@bakernet.com or  <mailto:steve.a.miller@bakernet.com>
steve.a.miller@bakernet.com   Alert Date: 9/15/01

US - SURVEY FINDS EMPLOYEE LOYALTY TO EMPLOYERS DECLINING ALONG WITH JOB
PERFORMANCE: On September 3, 2001, a survey concluded only one-fourth of
U.S. employees are committed to their employers and plan to stay on the job
for at least two years, and only one half of all workers would recommend
their company to those looking for a job. See " 2001
<http://www.walkerinfo.com/resources/benchmarks.cfm> National Employee
Benchmark Study."  <mailto:peter.j.gillespie@bakernet.com>
peter.j.gillespie@bakernet.com or  <mailto:kevin.s.simon@bakernet.com>
kevin.s.simon@bakernet.com   Alert Date: 9/15/01

US - WHITE HOUSE FORECASTS INCREASES IN BOTH UNEMPLOYMENT AND WAGES IN 2002:
The White House recently released a budget review anticipating aggressive
increases in wages and salaries in 2001 despite expectations that the
jobless rate will also continue to climb. See " Mid-Session Budget Review
<http://www.whitehouse.gov/omb/budget/fy2002/msr.html> ."
<mailto:andrea.kovar@bakernet.com> andrea.kovar@bakernet.com or
<mailto:kerry.r.weinger@bakernet.com> kerry.r.weinger@bakernet.com   Alert
Date: 9/15/01

US - EMPLOYEES SURVEYED CITE MORE DEMANDING WORKLOAD: On September 3, 2001,
a survey concluded 50% of workers reported that they and their fellow
employees have a more demanding workload than they had a year ago; moreover,
38% of workers are feeling more pressure than they were a year ago.
According to the survey, the stress they experience is caused equally by
workplace demands and personal demands. See " Attitudes in the
<http://www.themarlinco.com/> Workplace."
<mailto:lisa.s.brogan@bakernet.com> lisa.s.brogan@bakernet.com or
<mailto:jennifer.l.purevich@bakernet.com> jennifer.l.purevich@bakernet.com
Alert Date: 9/15/01

US - COURT REJECTS FRAUD CLAIMS BY HARASSED EXECUTIVE URGED TO STAY UNTIL
AFTER IPO: A federal district court in Manhattan recently rejected fraud
claims by a former securities dealer and investment bank vice-president who
alleged that her employer defrauded her by urging her not to resign, despite
a boss sexually harassing her, until after the company made an initial
public offering that its chief executive officer assured would make her a
"wealthy woman." See "Dooner v. Keefe, Bruyette & Woods."
<mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:neal.mcguiness@bakernet.com> neal.mcguiness@bakernet.com   Alert
Date: 9/15/01

US - burmeseCALIFORNIA JUDGE REJECTS UNOCAL'S MOTION TO DISMISS BURMESE
WORKERS' LAWSUIT: A state court judge in California recently ruled that a
group of Burmese workers may proceed with their California law claims that
Unocal Corp. knowingly benefited from their forced labor on the company's
gas pipeline project in Burma. See "Roe III v. Unocal Corp."
<mailto:renee.s.schor@bakernet.com> renee.s.schor@bakernet.com or
<mailto:cynthia.a.freeland@bakernet.com> cynthia.a.freeland@bakernet.com
Alert Date: 9/15/01

US - SURVEY FINDS CONTROLLING HEALTH COSTS CRUCIAL BUSINESS PROBLEM FOR
EMPLOYERS: A recent survey by Total Health Advocacy Partners concluded the
most critical business issue for employers in the next two to three years is
rising health care and other labor costs. See " The Productive Workforce
Survey <http://www.thap.net/downloads/public_private_survey.pdf> ."
<mailto:brian.k.wydajewski@bakernet.com> brian.k.wydajewski@bakernet.com or
<mailto:carole.a.spink@bakernet.com> carole.a.spink@bakernet.com   Alert
Date: 9/15/01

US - DOL READYING NEW CALL CENTER TO AID EMPLOYERS AND EMPLOYEES: U.S.
Department of Labor (DOL) Secretary Elaine Chao recently announced that the
DOL is readying a national, toll-free call center to provide compliance
assistance to employers and employees. The call center is one of a number of
technological initiatives aimed at improving access to the Labor Department.
See " DOL Call  <http://www.dol.gov/> Center."
<mailto:jack.a.simms@bakernet.com> jack.a.simms@bakernet.com or
<mailto:ben.a.neiburger@bakernet.com> ben.a.neiburger@bakernet.com   Alert
Date: 9/15/01

US - COMPANY DID NOT VIEW APPLICANTS AS LIMITED BASED ON NERVE TESTING: The
U.S. Court of Appeals for the Eighth Circuit recently ruled that a
manufacturer who denied employment based on the results of a test to uncover
susceptibility to carpal tunnel syndrome viewed the applicants as limited in
doing one specific job, but not a broad classification of jobs, and
therefore did not violate the Americans With Disabilities Act. See " EEOC v.
Woodbridge Corp <http://caselaw.lp.findlaw.com/data2/circs/8th/011045p.pdf>
."  <mailto:gina.l.knight@bakernet.com> gina.l.knight@bakernet.com or
<mailto:christopher.g.guldberg@bakernet.com>
christopher.g.guldberg@bakernet.com   Alert Date: 9/15/01

US - FLORIDA APPELLATE COURT HOLDS MANDATORY ARBITRATION CLAUSE
UNENFORCEABLE: Following the decision of the U.S. Court of Appeals for the
Eleventh Circuit in Perez v. Globe
<http://www.ca11uscourts.gov/opinions.htm> Airport Security Servs., Inc. on
June 12, 2001, Florida's Second District Court of Appeals recently upheld a
circuit court's refusal to compel arbitration of an employee's
discrimination claims because the arbitration clause required the parties to
bear equally the costs of the arbitration and the arbitrator's fee. The
court held that this provision contravened the employee's statutory right to
seek a full award of her fees and costs under Title VII of the Civil Rights
Act of 1964 and the Florida Civil Rights Act. See " Flyer
<http://www.jud10.org/2ndDCA/july01/2D00-5008.htm> Printing Company, Inc. v.
Hill."  <mailto:richard.tuschman@bakernet.com> richard.tuschman@bakernet.com
or  <mailto:frank.henry@bakernet.com> frank.henry@bakernet.com   Alert Date:
9/15/01

US - NEW YORK PASSES ANTI-SWEATSHOP BILL: On September 3, 2001, Governor
George Pataki signed into law a bill that strengthened the New York's
efforts at fighting sweatshops. The new law enables school boards throughout
New York to consider the labor standards and working conditions of
manufacturers who make school apparel before choosing to purchase from these
manufacturers. School boards may choose to decide whether manufacturers are
"responsible bidders" by determining whether they met certain standards,
such as those for child labor laws and wage and hour laws. See " State Of
New York, Bill 3219 <http://assembly.state.ny.us/leg/?bn=A03219&sh=t> ."
<mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:charles.s.topping@bakernet.com> charles.s.topping@bakernet.com
Alert Date: 9/15/01

US - UNEMPLOYMENT RATE RISES TO 4.9%: On September 7, 2001, the U.S.
Department of Labor announced that the unemployment rate had risen to 4.9%,
up from 4.5% to the highest level it had reached in four years. The
manufacturing industry was the hardest hit, having lost over one million
jobs since July of 2000. Many economists are worried that continued cutbacks
and job losses will worry consumers, whose steady spending in the midst of
the slowdown has kept the U.S. economy from collapsing into a recession. See
" Jobless Rate Climbs To 4.9 Percent
<http://news.excite.com/news/ap/010907/08/news-economy> ."
<mailto:ben.a.neiberger@bakernet.com> ben.a.neiberger@bakernet.com or
<mailto:michael.a.pollard@bakernet.com> michael.a.pollard@bakernet.com
Alert Date: 9/15/01

US - OVER ONE MILLION JOB CUTS SO FAR THIS YEAR: On September 5, 2001, the
total number of lay-offs for the first eight months of the year numbered
1,123,356, with almost half occurring in the last three months, according to
a report issued by outplacement firm Challenger, Gray, & Christmas. Although
there was a 32% drop in the amount of lay-offs in August of 2001 as compared
to July of 2001, over 470,000 job cuts occurred since June of 2001 alone.
Lay-offs occurred most heavily in telecommunications and computers, with
lay-offs increasing more than 1,223% over last year. See " U.S. Layoffs Dip
In August From July <http://biz.yahoo.com/rf/010905/n05243359.html> ."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:jordan.cowman@bakernet.com> jordan.cowman@bakernet.com   Alert Date:
9/15/01

US - BIG LABOR SUPPORTS AMNESTY PROGRAM: On September 5, 2001, U.S. labor
leaders lobbied the U.S.Congress to legalize the status of millions of
undocumented workers, while voicing criticism of an expansion of the
guest-worker program. Union leaders and migrant workers spoke at a news
conference detailing some of the problems faced by undocumented workers,
such as low wages and fears of deportation. AFL-CIO President John Sweeney
criticized the guest-worker program as one that would exacerbate the
problems of undocumented workers, putting the workers in "virtual bondage"
with their employer. See " U.S. Labor Unions Back Amnesty For Immigrants
<http://news.excite.com/news/r/010905/16/politics-bush-mexico-labor-dc> ."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com   Alert
Date: 9/15/01

US - REPORTED INCIDENTS OF ANTI-MUSLIM DISCRIMINATION ON THE RISE: An
Islamic advocacy group recently released a study showing that reported
incidents of anti-Muslim violence, discrimination, stereotyping, and
harassment rose 15% between March of 2000 and March of 2001. The Council on
American-Islamic Relations (CAIR) reported that religious attire and
appearance was the largest factor that gave rise to the complaints of
discrimination, followed closely by ethnic origin and prayer. See " The
Status Of Muslim Civil Rights In The United States
<http://news.excite.com/news/ap/010906/15/news-bush-mexico> 2001."
<mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com or
<mailto:william.l.schaller@bakernet.com> william.l.schaller@bakernet.com
Alert Date: 9/15/01

US - NEW CLAIMS FOR UI BENEFITS DECLINED TO 402,000 DURING FIRST WEEK OF
SEPTEMBER: On September 6, 2001, the U.S. Department of Labor's Employment
and Training Administration released figures showing that initial claims
with state agencies for unemployment insurance decreased by 3,000 to a total
of 402,000 during the week ending September 1, 2001. See " Unemployment
Insurance Data
<http://www.dol.gov/dol/public/media/press/eta/ui/eta2001272.htm> ."
<mailto:Cynthia.l.jackson@bakernet.com> cynthia.l.jackson@bakernet.com or
<mailto:mark.l.karasik@bakernet.com> mark.l.karasik@bakernet.com   Alert
Date: 9/15/01

US - MEDIATION IN PENSION FRAUD LITIGATION YIELDS SOME RESULTS: A court
ordered mediation this summer has yielded some settlements in a large and
complex pension fraud case involving more than 40 pension fund trusts in the
western United States. In recent weeks, however, more defendants have been
sued by the trusts in the hope of recouping some of the millions of dollars
lost in the alleged mishandling of some US$927 million in pension funds by
Capital Consultants, LLC. See " Mediation Yields Some Results
<http://www.laborers.org/Oregon_Pension_1-18-01.htm> ."
<mailto:maura.ann.mcbreen@bakernet.com> maura.ann.mcbreen@bakernet.com or
<mailto:kerry.r.weinger@bakernet.com> kerry.r.weinger@bakernet.com   Alert
Date: 9/15/01

US - SPLIT BOARD REJECTS FIRM'S 30 PERCENT RULE: The U.S. National Labor
Relations Board (NLRB) recently ruled a non-union, construction employee
leasing firm's rule against hiring workers whose recent wage history differs
by more than 30% from the firm's starting wages violates the National Labor
Relations Act. The board concluded the rule was "inherently destructive" of
employees' right to organize because it effectively disqualified applicants
who recently had earned union wages and imposed a formidable threshold
barrier to organizing activities. See " W.D.D.W. Commercial Systems
<http://frwebgate.access.gpo/gov/cgi-bin/getdoc.cgi?dbname=nlrb&docid=f:335-
29.pdf> & Investments Inc. d/b/a/ Aztech Elec. Co., 335 N.L.R.B. No.25."
<mailto:michael.a.pollard@bakernet.com> michael.a.pollard@bakernet.com or
<mailto:john.m.murphy@bakernet.com> john.m.murphy@bakernet.com   Alert Date:
9/15/01

US - MANUFACTURING WORKERS RECEIVED LARGEST COMPENSATION RAISE IN 2000: The
U.S. Department of Labor recently reported the largest average hourly
compensation increase in the United States in 2000 when manufacturing
workers received a 6.5 percent increase. Data concluded that compensation in
manufacturing increased in all counties for which hours worked were
available. See " Workers Compensation
<http://www.stats.bls.gov/special.requests/ForeignLabor/flsprod4.pdf> ."
<mailto:andrea.kovar@bakernet.com> andrea.kovar@bakernet.com or
<mailto:ben.a.neiburger@bakernet.com> ben.a.neiburger@bakernet.com   Alert
Date: 9/15/01

US - FUTURE RETIREES WILL WAIT A LONG TIME TO BENEFIT FROM SOCIAL SECURITY:
A recent study by the Congressional Research Service concluded that it will
take significantly longer for future retirees to recover the value of taxes
paid than it has in the past. The study examined the time it takes retirees
to recover the value of Social Security taxes they have paid into the
program over their lifetimes. See "Social Security Benefits A Long Way Off."
<mailto:jonathan.e.hyun@bakernet.com> jonathan.e.hyun@bakernet.com or
<mailto:narendra.acharya@bakernet.com> narendra.acharya@bakernet.com   Alert
Date: 9/15/01

US - BOEING LOSES COURT CASE OVER BENEFITS: On September 6, 2001, a federal
district court ruled in favor of more than 1,000 older McDonnell Douglas
workers, finding the company, now owned by Boeing, closed a plant in 1993 to
avoid paying pension, health, and retiree medical benefits. See " Boeing
Loses Over Benefits
<http://dailynews.yahoo.com/h/nm/20010906/bs/planes_boeing_dc_1.html> ."
<mailto:Howard.fine@bakernet.com> howard.fine@bakernet.com or
<mailto:charles.r.topping@bakernet.com> charles.r.topping@bakernet.com
Alert Date: 9/15/01

US - MANPOWER SURVEY SHOWS HIRING ACTIVITY LIKELY TO REMAIN BLEAK THROUGH
YEAR'S END: A recent survey conducted by Manpower, Inc. concluded hiring
prospects in most industries and regions will remain bleak at least through
the fourth quarter of this year. See " Employment Situation Summary
<http://stats.bls.gov/news.release/empsit.nr0.htm> ."
<mailto:edward.d.burmeister@bakernet.com> edward.d.burmeister@bakernet.com
or  <mailto:j.michael.goulding@bakernet.com> j.michael.goulding@bakernet.com
Alert Date: 9/15/01

US - BUSH REITERATES PLEDGE TO VETO BILL LIMITING U.S. OPERATIONS OF MEXICAN
TRUCKS: On September 6, 2001, President Bush reiterated his threat to veto
the annual spending bill for federal transportation programs if the language
of the bill limits Mexican commercial trucks from operating in the United
States. See " H.R. 2299
<http://thomas.loc.gov/cgi-bin/query/C?c107:./temp/~c107ko2BwK> ."
<mailto:Jordan.cowman@bakernet.com> jordan.cowman@bakernetcom or
<mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com   Alert
Date: 9/15/01

US - morganstanleyEEOC READY TO SUE MORGAN STANLEY OVER FIRING OF FEMALE
TRADER: On September 7, 2001, media accounts confirmed the nation's
second-largest brokerage firm will soon be facing a gender-discrimination
lawsuit brought by the Equal Employment Opportunity Commission on behalf of
a former Wall Street trader and other female employees. See " EEOC Prepares
To Sue On Behalf Of Former Trader
<http://news.findlaw.com/legalnews/s/20010910/financialmorganstanleylawsuit.
html> ."  <mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com
or  <mailto:gerald.l.maatman@bakernet.com> gerald.l.maatman@bakernet.com
Alert Date: 9/15/01

US - PRESIDENT'S COMMISSION HEARS VARIETY OF OPINIONS ON VIABILITY OF
PRIVATE ACCOUNTS: On September 6, 2001, a field hearing of the President's
Commission to Strengthen Social Security heard various opinions regarding
the health of the Social Security system and what, if anything, should be
done to improve its outlook. See " Commission Hears
<http://csss.gov/meetings/hearings.html> Opinions On Social Security."
<mailto:ben.a.neiburger@bakernetcom> ben.a.neiburger@bakernet.com or
<mailto:andrea.kovar@bakernet.com> andrea.kovar@bakernet.com   Alert Date:
9/15/01

US - NLRB RULES NEW JERSEY BUS COMPANY MUST PROVIDE FINANCIAL DATA TO
TRANSIT UNION: The U.S. National Labor Relation Board (NLRB) recently ruled
a bus company in New Jersey triggered a requirement to turn over its
financial information when it said a proposed wage freeze and other measures
were part of efforts to improve the bottom line and retain jobs. See 335
NLRB No.29
<http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname-nlrb&docid-f:335-
29pdf> ."  <mailto:andrew.b.cripe@bakernet.com> andrew.b.cripe@bakernet.com
or  <mailto:peter.j.gillespie@bakernet.com> peter.j.gillespie@bakernet.com
Alert Date: 9/15/01

US - JOBLESS RATE JUMPS TO 4.9 PERCENT IN AUGUST AS FACTORY PAYROLL CUTS
PERSIST: On September 7, 2001, the nation's unemployment rate rose by 0.4
percentage points in August of 2001, reaching 4.9%, its highest level in
almost four years. See " Unemployment Statistics
<http://www.bls.gov/news.release/empsit.nr0.htm> ."
<mailto:mark.l.karasik@bakernet.com> mark.l.karasik@bakernet.com or
<mailto:lisa.s.brogan@bakernet.com> lisa.s.brogan@bakernet.com   Alert Date:
9/15/01

US - WORKERS ARE LEERY OF CORPORATE AMERICA: According to a recent survey
conducted for the AFL-CIO, more than two-thirds of employees feel their
rights in the workplace are not sufficiently protected. See " Workers
<http://laborday.aflcio.org/rights/index.cfm> Rights Survey."
<mailto:michael.a.pollard@bakernet.com> michael.apollard@bakernet.com or
<mailto:steve.a.miller@bakernet.com> steve.a.miller@bakernet.com   Alert
Date: 9/15/01

US - LABOR SECRETARY ADVOCATES MORE JOB TRAINING AND EDUCATION: U.S.
Secretary of Labor Elaine Chao recently highlighted the strength's of
America's workforce and outlined challenges that remain for the 21st century
in her first annual "State of the Workforce" address. Secretary Chao
stressed the importance of training and education. " State Of The Workforce
<http://www.dol.gov/opa/media/press/opa/opa2001290.htm> ."
<mailto:mark.d.taylor@bakernet.com> mark.d.taylor@bakernet.com or
<mailto:laurie.l.martin@bakernet.com> laurie.l.martin@bakernet.com   Alert
Date: 9/15/01

US - RISING NUMBER OF H-1B WORKERS ACCOMPANIED BY HIKE IN JOB-RELATED
COMPLAINTS: Recent U.S. Department of Labor statistics continue to show
significant increases in complaints related to the employment of highly
skilled foreign workers following recent moves to increase the annual
allotment of visas available under the H-1B program. See " Labor Department
<http://www.dol.gov/> Statistics."  <mailto:lynda.s.zengerle@bakernet.com>
lynda.s.zengerle@bakernet.com or  <mailto:betsy.morgan@bakernet.com>
betsy.morgan@bakernet.com   Alert Date: 9/15/01

US - QWEST CUTS 6% OF ITS WORKFORCE: On September 10, 2001, Qwest
Communications announced that it will cut 4,000 jobs, or 6% of its
workforce. The company cited poor economic results as the reason. The
Denver-based telecommunications company said it expected 2001 revenues of
approximately US$20.5 billion and earnings before interest, taxes,
depreciation and amortization of about US$8 billion. See " QWest Cuts
<http://dailynews.yahoo.com/h/ap/20010910/ts/qwest_outlook.html> ."
<mailto:laurence.s.stuart@bakernet.com> laurence.s.stuart@bakernet.com or
<mailto:abby.s.silverman@bakernet.com> abby.s.silverman@bakernet.com   Alert
Date: 9/15/01

US - TIREMAKER MICHELIN ANNOUNCES LAY-OFFS IMPACTING 7% OF ITS WORKFORCE: On
September 10, 2001, Michelin North America, Inc. announced that it is
cutting 2,000 jobs throughout its North American operations. The number
equates to approximately 7% of the company's 26,500 person workforce. The
company hopes to complete much of the cuts through normal attrition and
voluntary severance programs. See " Michelin Lay-Offs
<http://dailynews.yahoo.com/h/ap/20010910/ts/michelin_jobs_1.html> ."
<mailto:robert.p.lewis@bakernet.com> robert.p.lewis@bakernet.com or
<mailto:richard.tuschman@bakernet.com> richard.tuschman@bakernet.com   Alert
Date: 9/15/01

US - COMPUTER SERVICE JOBS DROP FOR FIRST TIME IN 10 YEARS: On September 7,
2001, the government announced the jobless rate, at 4.9% and at the highest
point in the last four years, was fueled by the first decline in the number
of computer service jobs in more than a decade and a similar drop in the
communications job market. See " Computer
<http://www.newsbytes.com/news/01/169873.html> Service Jobs Drop."
<mailto:brian.s.arbetter@bakernet.com> brian.s.arbetter@bakernet.com or
<mailto:andrew.j.boling@bakernet.com> andrew.j.boling@bakernet.com   Alert
Date: 9/15/01

Disclaimer: The Global Employment Law Alert contains links to other web
sites in order to provide comprehensive and timely information. Baker &
McKenzie is not responsible for the practices or the content of such web
sites. Further, this publication has been prepared for clients and
professional associates of Baker & McKenzie and is intended to provide only
a summary of selected recent legal developments. For this reason, the
information contained in this publication should not be relied on as legal
advice or regarded as a substitute for detailed advice in individual cases.
The services of a competent professional adviser should be obtained in each
instance so that the applicability of the relevant jurisdiction or other
legal development to the particular facts can be verified This publication
is copyrighted. Apart from any fair dealing for the purposes of private
study or research permitted under applicable copyright legislation, no part
may be reproduced or transmitted by any process or means without prior
written permission of the Editors. ? Baker & McKenzie 2001. All rights
reserved.


We Agree

"Eileen Ponton" <kponton@duke-energy.com> on 03/15/2001 09:47:26 AM

To:   David Avila/LSP/ENSERCH/US@TU, Charlie Stone/Texas Utilities@TU, Melissa
      Jones/Texas Utilities@TU, HPL.SCHEDULING@ENRON.COM,
LIZ.BELLAMY@ENRON.COM
cc:
Subject:  NOMS / ACTUAL FLOW FOR 03/14

DATE      NOM       FLOW - MCF           FLOW - MMBTU

3/14      23,750         23,112               23,736

BTU = 1.027