Arbeitsrecht. Weltweit.

Autor Veirano Advogados


Brazil: Changes to outsourcing rules

Up until now, the courts have interpreted the law as meaning that it is illegal for a business to outsource its core business. Businesses could only lawfully outsource ancilliary activities. And yet, certain sectors, such as construction, clothing and the automotive industries have been consistently allowed to subcontract specialised services or parts of their processes. The new Law turns this on its head by providing that the contracting business must specialise in the type of activity it wants to outsource.

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Sexual harassment at work: Global concern with local solutions

Sexual harassment
A recent headline could put fear in the hearts of general counsel and HR professionals alike. A restaurant franchisee in Ohio shells out $ 1.4 million to settle a sexual harassment case brought by the U.S. Equal Employment Opportunity Commission on behalf of multiple women. In that case, EEOC v. E. Columbus Host, LLC, the EEOC claimed a restaurant manager engaged in egregious sexual harassment of 12 female employees. His behavior was said to include pressuring workers as young as 17 for sexual favors, unwelcome touching of female workers, making humiliating remarks about women, and retaliating against female employees who complained. Ganzen Artikel lesen


Limiting competition from former employees in the US and Latin America

Like toothpaste squeezed from the tube, corporate goodwill, trade secrets and confidential business information are virtually impossible to recover once stolen by a former employee. To secure your business’s prized assets, restrictive covenants limiting the post-termination activities of former employees are an effective tool in the corporate arsenal. These agreements are generally enforceable in the United States, provided they are supported by adequate consideration, narrowly drafted to protect a legitimate business interest and reasonable in geographic scope and duration. There are, however, substantial differences in Latin American approaches to comparable restraints. Ganzen Artikel lesen


Going local down in Alcapulco

For multi-national companies transferring senior executives to the Americas (specifically focusing on Mexico, Argentina and Brazil), there are a number of key employment issues that should be considered to avoid complications for your expat employees. Applying for a different visa may give rise to the assumption of an employment relationship which would become particularly relevant on termination. Ganzen Artikel lesen