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Making Tough Personnel Decisions in a Global Recession: Doing it Right and Minimizing Liability Africa and the Middle East Session June 29 & 30, 2009 1.

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Presentation on theme: "Making Tough Personnel Decisions in a Global Recession: Doing it Right and Minimizing Liability Africa and the Middle East Session June 29 & 30, 2009 1."— Presentation transcript:

1 Making Tough Personnel Decisions in a Global Recession: Doing it Right and Minimizing Liability Africa and the Middle East Session June 29 & 30, 2009 1 © Employment Law Alliance

2 INTRODUCTION and OVERVIEW 2 © Employment Law Alliance

3 Presenters Moderator – Karen Fulton Bowman Gilfillan, Johannesburg, South Africa k.fulton@bowman.co.za k.fulton@bowman.co.za Anas Akel, Bafakih & Nassief, Jeddah, Saudi Arabia a.akel@bnfirm.com a.akel@bnfirm.com Thomas Donovan, I&D Iraq Law Alliance, Baghdad, Iraq thomas.donovan@idilaw.com thomas.donovan@idilaw.com Jonathan Feuchtwanger, Naschitz, Brandes & Co, Tel-Aviv, Israel yhorovitz@nblaw.com yhorovitz@nblaw.com Yaron Horovitz, Naschitz, Brandes & Co, Tel-Aviv, Israel yhorovitz@nblaw.com yhorovitz@nblaw.com Sara Khoja, Clyde & Co., Dubai, United Arab Emirates sara.khoja@clydeco.ae sara.khoja@clydeco.ae Talita Laubscher, Bowman Gilfillan, Johannesburg, South Africa talita@bowman.co.za Sonal Sejpal, Anjarwalla & Khanna Advocates, Nairobi, Kenya ss@africalegalnetwork.com ss@africalegalnetwork.com 3 © Employment Law Alliance

4 Layoff Decisions How Companies Are Saving Money on Personnel Costs Short of Layoffs What are the legal challenges to implementing these decisions? Reducing overtime; Hiring freezes; Salary freezes; Salary reductions; Furloughs; Temporary shutdowns; Work-sharing arrangements; Shortened work weeks or workdays; Eliminating training programs; Boosting healthcare premiums; Creating incentives for employees to voluntarily resign or retire. 4 © Employment Law Alliance

5 Layoff Decisions How To Make These Decisions Bullet Proof What are the biggest challenges when making these decisions? What are the most common legal claims being asserted today on behalf of laid off workers and how could they have been avoided? 5 © Employment Law Alliance

6 Separation Agreements and Releases Are they commonly used in your country? Are they enforceable? What must these agreements contain? What should these agreements contain? Must an employee be given advance notice before signing such an agreement? Are there any specific issues in your jurisdiction? 6 © Employment Law Alliance

7 Severance Pay and Benefits Does your country have statutory severance pay requirements? If so, what do I need to know? Does your country require that certain benefits continue following termination? Do your clients typically provide severance pay and enhanced benefits beyond what is required by law? What kind of circumstances? Do you require that a release be signed? Are your clients using “stay until close” bonuses and if so, what challenges are they facing? 7 © Employment Law Alliance

8 Advance Notice for Terminations Does your country require that employees receive a certain amount of advance notice before a layoff? Are there any exceptions? If there is a trade union or works council involved, what does the law require you to do? 8 © Employment Law Alliance

9 How are your clients coordinating the implementation of worldwide layoffs? 9 © Employment Law Alliance

10 Lessons Learned from Bad Personnel Decisions Made During Tough Economic Times What should have been done differently? 10 © Employment Law Alliance

11 CONCLUSION Thank you for attending our webinar. Immediately after you disconnect, a survey will appear on your computer screen asking you to evaluate the webinar. We would appreciate your taking a few minutes to complete it so that we can continue to improve the quality and delivery of future ELA- sponsored webinars. To listen to past webinars, please visit our website at: www.employmentlawalliance.com.www.employmentlawalliance.com 11 © Employment Law Alliance


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