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雇用

雇用

Key Contacts

カンボジア

ラオス

ミャンマー

タイ

ベトナム

OVERVIEW

クライアントのため、最善の方法に向けてサポートします

経済成長の著しい東南アジアでは、ビジネスの状況、労働市場、労働者の状況などが急速に変転していきます。当事務所は、雇用条件、労使関係、その他の重要な雇用問題について、クライアントが長期的かつ柔軟な戦略を立てられるようにサポートすることを第一の目標としています。また、紛争が避けられない場合には、労働裁判・民事裁判などにおいてクライアントをサポートします。

当事務所では、訴訟チームの弁護士と、労働問題を専門とする弁護士の協同・提携により、以下の事項・局面において、アドバイス・法務サービスを提供しております。

  • 戦略的な雇用に関して   雇用条件、就業規則、雇用契約、福利厚生制度、役員報酬、労働者の保護、労災補償、社会保険、プロビデント・ファンド、職場における安全の確保
  • 企業組織の改編   合併、買収、リストラによる労働力の拡大・縮減・調整
  • 労働管理関係   職場におけるトラブル、ストライキ、ロックアウト、労働需要
  • イミグレーション関連   労働許可証、ビザ、永住許可などの申請・取得
  • 労働関連訴訟   競合避止義務、企業秘密守秘義務の要請、解雇、セクシャル・ハラスメントに関わる賠償請求など。

Experience

  • Assisted a client in its global restructuring, which required a reduction in the headcount of its Thai operations. The client sought our expertise in reducing the number of employees, while avoiding the potential for litigation relating to unfair termination. We crafted a multi-tiered solution involving voluntary resignation packages that employees would happily accept. As part of this solution, we advised the client on strategies for communicating with its employees regarding the restructuring. Ultimately, the client met its goal in headcount reduction and continues to operate in Thailand.
  • Developed a restructuring strategy to effect proportionate employee terminations at the intermediate management level for a  multinational financial services company. The restructuring would also give greater responsibility to senior managers. This created the dual objectives of (1) negotiating fair severance packages for intermediate-level management personnel in the face of strict labor laws and (2) imposing greater work requirements on senior-level managers without incurring claims of effective termination. We were successful in implementing the changes without any employee objection, and today our client’s employee culture is much improved.
  • Negotiated a favorable settlement of a highly contested termination of a company director involving our client, the director, and the company of the spouse of the director. The dispute included two criminal cases and two civil cases (one of which involved a claim of THB 20,000,000). We successfully gathered evidence of the director’s misconduct and leveraged that evidence to secure a favorable settlement for our client.
  • Prevailed in a highly publicized termination case wherein the client sought court permission to terminate the president of a labor union based on her television appearance while wearing a controversial T-shirt. The president maintained that she had given such interview on her own time and that her actions were protected by the Constitution. Although she was supported by many NGOs, the court ruled in favor of our client.
  • Defended a leading apparel company in a THB 50,000,000 labor claim and in a criminal case brought against the client’s director. We prevailed in both claims brought by the client’s former HR manager.
  • Advised a global telecommunications company on various labor and employment matters. Among them, we helped this client to rationalize a broad range of global employment policies. In addition, we consulted on the many issues inherent to multi-jurisdictional expatriate employment matters.
  • Concluded a case involving an employee safety allegation by a governmental authority against a multinational corporation.
  • Planned the layoff of approximately 1,000 persons and created a multifaceted strategy to manage the response of the employees and the labor union. The labor union mounted a strong challenge to our client’s activities. Nonetheless, we successfully responded to the opposition and completed the downsizing of the company without any employee claim.
  • Represented a manufacturer in negotiations with a labor union on strike. We successfully negotiated the terms of a collective bargaining agreement (CBA) and, thus, expedited the conclusion of the strike. In the CBA, we secured favorable terms for our client and the return of certain management rights.
  • Advised a leading high-tech company on HR matters, including drafting labor contracts, registering new staff members, preparing documents for employment termination, and registering staff resignations.
  • Prevailed in a labor dispute wherein a managerial-level employee claimed that he had been wrongfully terminated and sought severance and other monetary entitlements. Representing the employer, we proved that the employee had in fact resigned from the company.
  • Planned and executed the layoff of 1,900 employees. Thereafter, 279 of the affected employees submitted claims against the client in the total amount of THB 300,000,000. We successfully proved that our client had cause to terminate its employees and that such was done fully within applicable Thai law, resulting in judgment in our client’s favor. This was a high-stakes matter because, if we had lost the labor cases, the approximately 1,600 additional employees would have filed claims totaling approximately THB 2,000,000,000. We also act as ongoing labor compliance counsel.
  • Obtained a favorable judgment for the Thai affiliate of a leading animal health company in a case filed against a group of former executives who left to work for our client’s chief competitor. We secured this successful result even though there is still debate among Thai legal scholars as to whether noncompetition clauses are fair to employees.
  • Advised a multinational computer components manufacturer in Vietnam on the labor and workforce implications of its acquisition of a key supplier’s manufacturing facilities.
  • Consulted an international logistics services company in Vietnam on employee transfer and retention issues arising from the acquisition of its logistics services subsidiary.
  • Advised, negotiated, and successfully concluded several executive separations for numerous top-tier companies in Vietnam.

弁護士・専門家

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