Global employment and labour

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1 Credentials August 2013 Global employment and labour A full business law service Our employment and labour group is the legal service provider of choice for international businesses seeking legal support to realise their strategic human capital objectives. Global business is a reality and so is the demand for a highly skilled and mobile international workforce. Our clients expect and receive from our lawyers responsive, commercial and efficient legal support in respect of their global workforces and solutions to their complex legal issues. As one of the few truly international employment and labour practices, our lawyers are experienced in dealing with and project managing cross-border issues for some of the world s largest organisations. We strive to fully understand our clients and their strategic business objectives. We invest in our clients by understanding their business and our lawyers make it their business to be conversant with the key issues they are facing. Our aim is not to be all things to all people and this is why we focus on specific industry sectors where we have a depth of sector knowledge. Our key strengths are in financial institutions; energy; infrastructure, mining and commodities; transport; technology (including consumer markets); and life sciences and healthcare. By understanding our clients businesses and the sectors they operate within, we can provide practical, commercial solutions to their complex legal problems. Our clients trust us to work with their businesses around the world, because of our detailed local regulatory knowledge and our international coverage enables our clients to implement the legal elements of their global HR strategies. We have experience with all aspects of workforce mobility to advise business owners and executives on the best strategies for a smooth, successful transition. We focus on timely solutions, bearing in mind that relocated employees must feel at home in their country of assignment. Our approach to solving legal problems is pragmatic and commercial and we have an excellent track record of resolving our client s problems efficiently. Key to this is our appreciation of the reputational risk experienced by our clients and managing these risks to protect their brand. Norton Rose Fulbright Law Firm of the Year The Lawyer Awards 2011

2 About Norton Rose Fulbright Norton Rose Fulbright is a global legal practice. We provide the world s pre-eminent corporations and financial institutions with a full business law service. We have more than 3800 lawyers based in over 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia. Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare. Knowing how our clients businesses work and understanding what drives their industries is fundamental to us. We have offices in the world s most important business, financial and regulatory centres and are active in strategically important growth markets. Our offices are located in Abu Dhabi, Almaty, Amsterdam, Athens, Austin, Bahrain, Bangkok, Beijing, Bogotá, Brisbane, Brussels, Calgary, Canberra, Cape Town, Caracas, Casablanca, Dallas, Dar es Salaam, Denver, Dubai, Durban, Frankfurt, Hamburg, Hong Kong, Houston, Jakarta (in association with Norton Rose Fulbright Australia), Johannesburg, London, Los Angeles, Melbourne, Milan, Minneapolis, Montréal, Moscow, Munich, New York, Ottawa, Paris, Perth, Piraeus, Pittsburgh-Southpointe, Prague, Québec, Riyadh (in association with Mohammed Al-Ghamdi Law Firm), Rome, San Antonio, Shanghai, Singapore, St Louis, Sydney, Tokyo, Toronto, Warsaw and Washington DC. Wherever we are, we operate in accordance with our global business principles of quality, unity and integrity. We aim to provide the highest possible standard of legal service in each of our offices and to maintain that level of quality at every point of contact. In the area of corporate and social responsibility, we are working to bring about positive change in three areas: diversity and inclusion; pro bono; and sustainability., Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and, each of which is a separate legal entity, are members ( the Norton Rose Fulbright members ) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients. August 2013 Norton Rose Fulbright 2

3 Worldwide employment and labour resources over 300 lawyers across the globe Abu Dhabi Almaty Amsterdam Athens Austin Bahrain Bangkok Beijing Bogotá Brisbane Brussels Calgary Canberra Cape Town Caracas Casablanca Dallas Dar es Salaam Denver Dubai Durban Frankfurt Hamburg Hong Kong Houston Jakarta (in association with Norton Rose Fulbright Australia) Johannesburg London Los Angeles Melbourne Milan Minneapolis Montréal Moscow Munich New York Ottawa Paris Perth Piraeus Pittsburgh-Southpointe Prague Québec Riyadh (in association with Mohammed Al-Ghamdi Law Firm) Rome San Antonio Shanghai Singapore St Louis Sydney Tokyo Toronto Warsaw Washington DC Awards and accolades Commercial Awareness The work has been outstanding. They combine deep familiarity with the law with an understanding of real world safety and management issues. Chambers Asia Pacific 2012 on Australian Team a good all round team and provides excellent service and clear and timely advice Asia Pacific Legal on Australian Team Sources say: A very strong labour and employment practice. They offer an impeccable service: they're very collaborative and they look for the client's needs first. Chambers Global 2013 on Canadian Team ranked Band 1 Sources say: A superb practice - they provide knowledgeable, measured and timely advice. This firm is in my view the best. Chambers Global 2012 on Canadian Team ranked Band 1 Terrific service, knowledgeable, client-oriented; they keep their clients in mind. Chambers Global 2011 on Canadian Team ranked Band 1 This team earns positive market feedback for its pragmatic and commercial approach to a range of employment matters, including board-level departures, tribunal claims and collective issues. It also has strength in advising clients on team moves. Chambers UK 2013 on London team August 2013 Norton Rose Fulbright 3

4 [ ] are regularly instructed by an impressive array of corporate blue-chips and financial sector giants. Chambers Global 2011 on London Team maintains its leading reputation in South Africa, thanks to its history in the sector and the status of its labour and employment directors...the firm has a leading reputation for transfer of undertakings, industrial action and executive dismissals. Legal Edition - Labour & Employment Team Ranked Tier 1 With expertise in all three of its German offices, this international firm continues to develop its employment practice within Germany. The team provides comprehensive advice on all aspects of restructurings, reorganisations and outsourcing, including issues such as works council negotiations, employment contracts and remuneration. Members of the team receive client praise for their ability to co-ordinate cross-border company reorganisations and for quick turnaround times and comprehensive, thorough written analyses. Chambers Europe 2013 on German Team Sources say: "The team endeavours to give you the right advice at the right time. It really tries to deliver and works extremely fast." Chambers Europe 2012 on German Team Clients say: It s a service enterprise with the ability to get things done in a quick and professional manner. The team is successful and strong in strategy and processes. Chambers Europe 2011 on German Team The Venezuelan outpost of this global firm has long been a reference point for energy work, and also leads the market when it comes to labour law. It assists top-tier clients from across industry sectors on the whole range of labour law counselling and litigation needs, including employee compensation and benefits, collective bargaining and restructuring-related matters. Chambers Latin America 2012 This excellent firm is successfully branching out from energy work. It assists clients with ongoing consulting work and litigation, and in both areas is highly commended for its fast response times and for keeping clients up to date with changes in labour legislation, which is considered invaluable in such a changeable market like Venezuela. Clients appreciate the fantastic service they receive and the lawyers' ability to quickly identify problem and offer solutions respecting applicable legislation and business needs. Chambers Latin America 2011 The Best Law Firms rankings by the U.S. News Media Group and Best Lawyers listed us as a national leader in Employment Law Management. (2013) A strong team with resources to leverage for larger matters. They have an incredibly strong work ethic. Chambers US 2013 I have a lot of appreciation for them. They are highly efficient, high-quality, and are at a cost level that makes sense. Chambers US 2012 August 2013 Norton Rose Fulbright 4

5 Norton Rose Fulbright has a great labor practice. It stands out for understanding our business needs. Chambers US 2011 Consistent hiring of superb, dedicated, hard-working and conscientious attorneys Chambers US 2009 The employment and labour team members are always available and always listen to what we need, and the quality is always there in their file preparation. Carolyn Picard, Director Legal Services, Bombardier Aerospace The team in the UK is business orientated offering practical solutions to its clients. Head of Legal, Nestle (UK) To work with the labour NR is a great value add experience for the business. Their legal advice contributes to support our main asset: the people. I highly recommend their services in Latin America. Marisela Sanfeliz, Legal Counsel, International Legal Operation Abbott International For us to speak about the labor team of Norton Rose Caracas is a sense of duty, the one felt when having a positive opinion on somebody of your own team, it is a presentation card before authorities and public entities as a guarantee of quality and responsibility when addressing our matters in the labor area. We have worked together in situations of high complexity and we have always come out with flying colors with their sponsoring, both before administrative authorities and in the judicial area. Their personalized attention is always above the national market standards. Angel Miranda, Legal Counsel, Servicio Panamericano de Protección y Empresas Filiales Brink's Group August 2013 Norton Rose Fulbright 5

6 Worldwide capabilities International project management and policy implementation Government - Restructuring of labour laws Strategic industrial relations/labour and human resources advices Industrial/labour dispute resolution Defence of whistleblower claims Enforcement of restrictive covenants Trade secret protection and litigation Breach of fiduciary duty claims ERISA and other benefits litigation Class and collective actions by employees Enterprise and collective labour agreements (Enterprise/labour agreements) Agreement preparation and interpretation Individual and employment contracts Policy formulation (including employment, Internet, and IT policies) Corporate governance and compliance issues Business immigration and International mobility Expatriate employment arrangements Defence of employee claims Alternative contracts and agreements Advocacy and judicial review Equal opportunity, and discrimination (including sexual and psychological harassments) Performance management counselling and procedures Restructuring and redundancy processes Executive compensation and incentive plans Grievance arbitration and mediation Employee participation rights Training programs Immigration matters Outsourcing Conducting workplace investigations Workers compensation investigations and claims Occupational health and safety incident response and education Managing occupational health and safety risks and defending prosecutions Reviewing occupational health and safety procedures, manuals and policies Regular employment health checks Transactional employment law issues Pensions and employee benefits Cross-border issues and transactions Pay equity Privacy law and access to information Defence of employment-related class actions Employment insurance Federal and Provincial employment and labour laws Essential services and public sectors Union certification and decertification Discipline and termination of employment International Traffic in Arms Regulations Unfair labour practice complaints Wrongful dismissals and employee tort litigation Picketing prevention and restraint Illegal work stoppage and picketing restraint Civil rights charges and litigation Affirmative action matters August 2013 Norton Rose Fulbright 6

7 Our strengths Financial institutions We have more than 1000 financial institutions lawyers around the globe and are on the panels of more than 50 major players in the global financial institutions markets. The world s leading banks, finance providers and market participants are among our clients, as well as corporate and sovereign borrowers. We have followed the significant shift in the globalisation of financial institutions at many different levels in terms of all human resources needs ranging from terms and conditions, union disputes, litigation, diversity questions and labour concerns. We advise many of these clients on all aspects of employment and labour law at a policy-making and strategic level, at a corporate level and on high-profile, complex cross-border transactions. Energy We have energy lawyers with experience in project finance, capital markets, M&A, environment and planning, energy trading, construction and dispute resolution. In the employment and labour area we cover the full spectrum of natural resources. We work with clients on major risk issues around energy projects covering international mobility and labour strategies securing industrial and labour stability. We work with energy providers, consumers and policy-makers throughout the global markets. Infrastructure, mining and commodities Our experience in the infrastructure, mining and commodities sector covers every market and every region of the world. We advise clients who are involved in every stage of the commodities cycle, from financing through to distribution and we focus on the human capital needs of these organisations. We advise on the labour strategies around major projects and industrial risk and the needs of our clients to resource their projects. Transport We have more than 300 transport professionals, covering all legal disciplines including employment and labour. We have a world class reputation in the aviation, rail and shipping sectors. In particular, we assist our clients in benefiting from connections between people, transport and infrastructure within a sustainable framework. With this we structure projects to deal with all human capital needs. Technology and innovation (including consumer markets) We advise clients throughout the technology sector. Our technology and outsourcing capabilities include senior people with dedicated knowledge of this area. We advise on all aspects of employment and human resources issues relating to technology and retail organisations including on significant outsourcing arrangements and delivering strategies that protect their brands. Life sciences and healthcare We have life sciences and healthcare lawyers and agents that have in-depth knowledge of the industries they serve and a clear understanding of the business goals of companies at every stage of their growth. We handle every aspect of employment and labour law and are skilled in business immigration and international mobility. August 2013 Norton Rose Fulbright 7

8 Contacts For further information, please contact: Africa Cape Town Lance Witten Director Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) Tel: Durban Murray Alexander Director Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) Tel: Johannesburg Hermann Nieuwoudt Director and Team Leader Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) Tel: Asia Bangkok Somboon Kitiyansub Norton Rose Fulbright (Thailand) Limited Tel: Beijing Wang Yi Tel: +86 (0) Hong Kong Camille Jojo Norton Rose Hong Kong Tel: Shanghai Marco Vinciguerra Of Counsel Tel: +86 (0) Australia Brisbane Martin Osborne and Head of Employment and Labour Norton Rose Fulbright Australia Tel: +61 (0) Canberra Sarah Ralph Norton Rose Fulbright Australia Tel: +61 (0) Sydney David Cross Norton Rose Fulbright Australia Tel: +61 (0) Melbourne Stuart Kollmorgen Norton Rose Fulbright Australia Tel: +61 (0) Perth Leanne Nickels Norton RoseFulbright Australia Tel: +61 (0) Europe Amsterdam Maartje Govaert Tel: +31 (0) Hamburg Dr. Frank Weberndörfer Norton Rose Fulbright (Germany) LLP Tel: +49 (0) London Paul Griffin Team Leader Tel: +44 (0)

9 Catrina Smith Tel: +44 (0) Milan Paolo Grondona Of Counsel Norton Rose Fulbright Studio Legale Tel: +39 (0) Munich Dr. Cornelia Marquardt Employment Group Leader Tel: +49 (0) Moscow Elena Abashina Of Counsel Norton Rose Fulbright (Central Europe) LLP Tel: Paris Laure Joncour Team Leader Norton Rose (Paris) LLP Tel: +33 (0) Prague Milana Chamberlain Norton Rose Fulbright v.o.s., advokátní kancelář Tel: Lenka Kusnier Associate Norton Rose Fulbright v.o.s., advokátní kancelář Tel: Warsaw Malgorzata Patocka Of counsel Norton Rose Fulbright Piotr Strawa and s, LP Tel: +48 (0) Canada Toronto Richard J. Charney Global Practice Leader - Employment & Labour Tel: richard.charney@nortonrosefulbright.com John Mastoras Employment & Labour Local Chair Tel: john.mastoras@nortonrosefulbright.com Montreal François Côté Employment & Labour Local Chair Tel: francois.cote@nortonrosefulbright.com Ottawa Charles E. Hurdon Employment & Labour Local Chair Tel: charles.hurdon@nortonrosefulbright.com Quebec City Jocelyn F. Rancourt Employment & Labour Local Chair Tel: jocelyn.rancourt@nortonrosefulbright.com Calgary William Armstrong Employment & Labour Local Chair Tel: bill.armstrong@nortonrosefulbright.com Latin America Caracas Juan Carlos Pró-Rísquez Head of the Labour & Employment Department Despacho de Abogados Miembros de Norton Rose Fulbright, S.C Tel: jc.pro@nortonrosefulbright.com Bogotá Isabella Gandini Garcia Associate Norton Rose Fulbright Colombia S.A.S. Tel: isabella.gandini@nortonrosefulbright.com Middle East Abu Dhabi Motaz Kraishan Of Counsel Norton Rose Fulbright (Middle East) LLP Tel: +971 (0) motaz.kraishan@nortonrosefulbright.com United States Austin Brian Greig Head of Employment and Labor, United States Tel brian.greig@nortonrosefulbright.com Dallas Bill Finegan Tel bill.finegan@nortonrosefulbright.com Houston T. J. Wray Tel jeff.wray@nortonrosefulbright.com

10 Los Angeles Robert Dawson Tel Minneapolis Barb D Aquila Tel barbara.daquila@nortonrosefulbright.com New York Doug Catalano Tel douglas.catalano@nortonrosefulbright.com San Antonio Mario Barrera Tel mario.barrera@nortonrosefulbright.com Norton Rose Fulbright Norton Rose Fulbright is a global legal practice. We provide the world s pre-eminent corporations and financial institutions with a full business law service. We have more than 3800 lawyers based in over 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, Africa, the Middle East and Central Asia. Recognized for our industry focus, we are strong across all the key industry sectors: financial institutions; energy; infrastructure, mining and commodities; transport; technology and innovation; and life sciences and healthcare., Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and Fulbright & Jaworski LLP, each of which is a separate legal entity, are members ( the Norton Rose Fulbright members ) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients., Norton Rose Fulbright Australia, Norton Rose Fulbright Canada LLP, Norton Rose Fulbright South Africa (incorporated as Deneys Reitz Inc) and, each of which is a separate legal entity, are members ( the Norton Rose Fulbright members ) of Norton Rose Fulbright Verein, a Swiss Verein. Norton Rose Fulbright Verein helps coordinate the activities of the Norton Rose Fulbright members but does not itself provide legal services to clients. References to Norton Rose Fulbright, the law firm, and legal practice are to one or more of the Norton Rose Fulbright members or to one of their respective affiliates (together Norton Rose Fulbright entity/entities ). No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any Norton Rose Fulbright entity (whether or not such individual is described as a partner ) accepts or assumes responsibility, or has any liability, to any person in respect of this communication. Any reference to a partner or director is to a member, employee or consultant with equivalent standing and qualifications of the relevant Norton Rose Fulbright entity. The purpose of this communication is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of any Norton Rose Fulbright entity on the points of law discussed. You must take specific legal advice on any particular matter which concerns you. If you require any advice or further information, please speak to your usual contact at Norton Rose Fulbright. nortonrosefulbright.com 2013

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