A smooth transition of employees is one of the key components of a successful and profitable transaction.
Although employee issues will not be the driver for such transactions, a failure to look ahead and address employment law issues can seriously delay, or even scupper, a deal. Employment issues need to be taken into account at an early stage of transaction planning, as they may affect the price and the structure of the transaction, and have significant impact on strategic HR decisions in post-transaction stages. Knowing where the employment law hotspots are globally will help you to minimise additional costs, administrative fines or other liabilities, and keep the transaction timetable on track.
With this in mind, we thought you may find of help our quick reference guide to law governing employee transfers in 51 key jurisdictions in the Americas, EMEA and APAC. Our guide offers a concise and practical overview of the key employment law issues to consider when dealing with employee transfers in business sales and outsourcing transactions.
The material is presented in simple Q&A format and covers the key legal requirements in each jurisdiction regarding information and consultation with employees, unions and other bodies, as well as setting out an overview of employee protection on a transfer.
In addition, or perhaps more importantly, in the lead article we share our experience on best practice in managing multi-jurisdictional transfers and share our view on what are the most challenging issues and jurisdictions.
This guide was put together by a team of employment lawyers who over the years have been involved in many multi-jurisdiction transactions, working as a part of Herbert Smith Freehills’ global cross-disciplinary transaction team.
We have successfully guided many clients through employment and labour issues in multi-jurisdiction transactions and outsourcings.
Please contact any of your usual Herbert Smith Freehills contacts or any of the lawyers in our Global Employment, Pensions and Incentives team listed in our contact pages at any time you need assistance with any queries regarding managing employee transfers in your transaction or outsourcing deal.
For a teaser version of this guide click here or download above.
If you require a full copy of the guide please email Jules.Campbell@hsf.com.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021