Our International Employment Counseling & Transactions practice is uniquely positioned among legal service providers in North America to offer international employment law advice across the entire spectrum of employment law issues facing corporations and their management. We work closely with a network of over 500 Baker & McKenzie employment attorneys to provide seamless global employment services. Our closely integrated network enables us to provide an unparalleled level of representation for both U.S. and multinational companies in today’s global economy.
How We Can Help
- International Employment Law Counseling & Training – Armed with expertise in domestic employment law and vast experience in global employment issues, we advise multinationals – and those seeking to become multinationals – on employment and related considerations when entering into a non-U.S. jurisdiction, managing an international workforce and exiting a jurisdiction and/or terminating employment relationships, such as employment agreements, independent contractor / consulting agreements, personnel policies, work rules and handbooks, protection of confidential information and trade secrets, wage and hour, bonus, commission and other compensation plans, discrimination, harassment and retaliation matters, workplace safety, workplace privacy rights and redundancies and other cost-cutting measures. In addition, we advise on global mobility issues, including telecommuting (in-country and cross-border teleworkers), expatriate assignment, secondment and transfer agreements. Further, we provide preventive, educational training to avert employment disputes and help management recognize and counsel through employment issues unique to global employers. For further description of these related services, see our Global Equity Services, Compensation and Benefits, Global Labor and Global Migration practices.
- International Transactions – We advise clients on the employment issues in international cross-border mergers and acquisitions, spin-offs and divestitures, post-acquisition integrations and restructurings as well as outsourcing transactions. We conduct employment due diligence for all types of corporate transactions, including deal documents, such as asset and stock purchase agreements, joint venture agreements, merger agreements, transition services agreements, etc.; prepare employee transfer step lists and timelines; draft employee assignment, assumption, transfer and termination / rehire documents; advise on related multi-jurisdictional reductions in force; and prepare compensation and change in control plans. Our Global Labor Practice assists with negotiations and consultations with works councils, employee collective representatives and trade unions. Our Global Migration and International Executive Mobility analyzes and advises on immigration issues raised in global transactions. Our Employee Benefits Practice also advises on transfer of pension and other benefit plans. We work with our Global Equity colleagues to identify issues involved in the treatment of stock options and other equity. In so doing, we support synergies with the entire deal team, such as our Corporate and Securities specialists, International Commercial colleagues, and Tax professionals.
- Cross-Border Workplace Compliance – We understand that many global companies must not only comply with the law of their headquarters but also the laws of countries where their workforces operate. We also understand that our clients’ international workforces can not only be one of their primary assets, but also can be the source of significant compliance breaches if employees and managers are not properly trained and managed. We conduct or assist with internal workplace investigations relating to SOX, FCPA, False Claim, Alien Tort Claim and other workplace misconduct allegations as well as representing clients in administrative and court retaliation claims. We advise on record retention and cross-border document productions, data privacy, global HR data banks, global hotlines and global codes of conduct and ethics, supply chain codes and audits, deemed export, workplace security breaches and other compliance issues.
- International Employment Disputes – We represent employers in cross-border employment disputes, including agency proceedings, arbitrations and court actions.