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PRIVACY, DIGNITY, AND AUTONOMY

Common Workplace Problems in Different Legal Environments

Matthew W. Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho, Andrew Stewart and Bernd Waas

, AND AUTONOMY PROBLEM 7: BACKGROUND CHECKS May an employer require as a condition of application for a job that the employee consent to a background check for criminal records? Problem 7 discussion – Australia Criminal record checks are not as common in Australia as in the US, but their use has increased in recent years. Naylor et al. (see below) report a sevenfold increase in requests to the Australian Federal Police between 1997 and 2007. There is no general legislation or common law principle in Australia that would restrict an employer from conducting a

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Multinational Human Resource Management and the Law

Common Workplace Problems in Different Legal Environments

Matthew W. Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho, Andrew Stewart and Bernd Waas

Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries – Australia, Brazil, Germany, Japan and the United States.
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Matthew W. Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho, Andrew Stewart and Bernd Waas

historical background). The latter has been pressed upon the Member States of the European Union by a Directive requiring them to make provision for such bodies where domestic law does not already so provide. (The Directive is appended at the close of this introduction.) Obviously, German law’s more exacting system of co-determination via elected works councils goes well beyond the Directive’s minima; but in other countries, where such provision was lacking, the United Kingdom, for example, the Directive has required legal change. See Simon Deakin & Gillian Morris, LABOUR

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COMPENSATION AND BENEFITS ADMINISTRATION

Common Workplace Problems in Different Legal Environments

Matthew W. Finkin, Joel Cutcher-Gershenfeld, Takashi Araki, Philipp Fischinger, Roberto Fragale Filho, Andrew Stewart and Bernd Waas

salary payments. In fact, article 463 of the Consolidação das Leis do Trabalho explicitly states that salaries must be paid in cash and in Brazilian currency. Additionally, it indicates that salaries paid without observing such a rule are considered as not made. A Labor Ministry Ordinance has authorized (Portaria nº 3.281/1984) payments to be made by check (if they can be cashed on the same day) or money order in a savings account. Any wage stipulation on foreign currency in accordance with doctrine and case law should be converted to Brazilian currency based on the