International News: Focus on Employee Benefits

Features

Chapter 11 of the US Bankruptcy Code: An Instrument for International Business


Timothy W. Walsh

In the past decade, the increasingly integrated nature of global commerce has resulted in international companies being routinely involved in cross-border insolvencies as debtors, creditors and acquirers of distressed assets.


China's Fast-Track Merger Control Regime: MOFCOM's New Regulation on Simple Cases


William Díaz

On 14 February 2014, China’s Ministry of Commerce (MOFCOM) promulgated a new regulation that defines the standards for « simple » merger cases that are eligible for a fast-track clearance procedure (Simple Case Rule). This is a positive development, as China’s merger clearance process has often been criticised for delaying deals that do not have any material impact on the Chinese market. The new regulation should help alleviate this issue.


Mitigating Risk in African Investments


Stuart Mathews | Rupert Weber

The economic case for investment in Africa is clear. As large numbers of people move from subsistence level to lower middle class and higher, a growing demand is being unleashed for energy, infrastructure, agribusiness, consumer goods, mobile telephony and much else. Governments are struggling to deliver all that is required, and privatisation is becoming more common.


Mitigating the Risk of Terminating Commercial Relationships Under French Law


Thibaud Forbin

Under French law, the termination of a long-standing commercial relationship may be qualified as abusive by French courts if insufficient notice of the termination is given to the commercial partner. Companies wishing to close facilities in France should therefore be aware of the risk of their long-time commercial partners claiming additional compensation as a result of the closure, and mitigate that risk accordingly.


The Benefits of English Contract Law


When negotiating international commercial contracts, it is important that the parties carefully consider their choice of governing law. When both, or many, parties are from different jurisdictions it is often desirable to specify the law of a neutral jurisdiction.


The IT Era Comes to Italian Courts


Stefano Mechelli

The Italian Courts have never accepted submissions by any method other than physical delivery to the hands of a court official. Faxed submissions, submissions by mail, delivery to automatic 24-hour date- and time-stamping mailboxes and e-mails have all, historically, been unacceptable.


Focus on Employee Benefits

Global Employment Company: Is It the Right Fit for Your Organisation?


Andrew C. Liazos

Multinational companies increasingly have internationally mobile employees (IMEs) who perform services in more than one country, other than their country of citizenship, during a single taxable year.


Good and Bad Leaver Clauses in German Managers' Employment Contracts


Volker Teigelkötter | Bettina Holzberger

Good and bad leaver provisions in shareholder agreements are common in the corporate world and are increasingly being included in employment contracts. In most cases, they are not, however, legally enforceable in German employment contracts.


The Challenge of Employee Benefits


Jilali Maazouz | Ludovic Bergès

Employee benefits are intended to ensure employees’ economic stability during uncertain times such as retirement, incapacity or disability, which affect not only employees and their families’ living standards, but also the country’s economy in general. In addition, generous employee benefits policies are a significant recruitment and retention tool.


UK Government Reviews Flexible Employment Practices


Paul McGrath

Worker classification has been attracting increased attention in the United Kingdom following a perceived increase in the number of employers engaging staff on a flexible basis using « zero hours » contracts. There are concerns that such arrangements may deprive workers of certain core employment rights, or are otherwise exploitative.


UK Pensions Auto-Enrollment Scheme


A radical change to UK pension law is expected to affect tens of thousands of organisations with UK-based employees in 2014. This follows the imposition of an unprecedented obligation on employers to « automatically enrol » eligible employees in, and to contribute financially to, a pension scheme that meets specific, carefully defined criteria.