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Navigating Global HR Culture
The document discusses navigating global HR culture and the impact of employment laws, trends, and politics on workplace culture, particularly for U.S. companies operating abroad. Key topics include compliance with U.S. employment laws in foreign countries, discrimination, sexual harassment, and the necessity of creating a respectful and diverse workplace environment. It emphasizes the importance of proactive HR practices and policy adjustments in response to changing legal landscapes and cultural dynamics.
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Navigating Global HR Culture
- 1. Presented by Tony Fiore NAVIGATING GlobalHR Culture The Laws, Trends + Politics Affecting Culture in the Workplace
- 2. Global business issues affectyour company’s HR culture Employment Laws Elections Trends Compliance vs. Attractive Workplace
- 3. HR culture isa set of shared attitudes, values, goals + practices that characterize an institution or organization
- 4. What is your HRculture?
- 5. Do current + prospective employees believeyour company HR culture?
- 6.
- 8. APPLICATION of U.S. Laws Generalemployment framework as a U.S. company doing business in a foreign country Expansions of extraterritorial reach of U.S. employment laws in foreign countries U.S. companies required to comply with U.S. employment laws in foreign countries in the employment of U.S. nationals
- 9. EMPOYMENT Laws Minimum WagePayroll Costs Social Costs Vacation Workforce Education Employment Contracts Employment Population Unemployment Rate Doing Business Abroad Political + Legislative Activity
- 11. Convention on the Eliminationof All Forms of Discrimination Against Women
- 12. Discrimination is anyunfair treatment or arbitrary distinction based on a person’s race, sex, religion, nationality, ethnic origin, sexual orientation, disability, age, language, social origin or other status
- 13. Sexual harassment isany unwelcome sexual advance, request for sexual favor, verbal or physical conduct or gesture of a sexual nature, or any other behavior of a sexual nature that might reasonably be expected or be perceived to cause offense or humiliation to another, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment
- 14.
- 17. Who merits protectionhas not changed The laws have not changed The reasonable person standard has not changed Degrees or types of harassment have not changed
- 18. The Severe orPervasive Standard has not changed Number of IncidentsFew More Severe: of a great degree, hardship or discomfort Pervasive: existing in or spreading through every part of something
- 19. Quid Pro Quo Submissionto sexual advances or favors, or when other conduct is made a term or condition of employment Hostile Work Environment Severe or pervasive conduct of a sexual nature that creates an intimidating, hostile or offensive environment Gender Stereotyping Behavior that treats individuals based upon stereotypical notions of how persons of that gender should act
- 20. Unwelcome means the employeedid not solicit, incite or desire the conduct or regards it as offensive It is the perception + reaction of the victim that matters
- 21. What size policyfits? No Gossip Policy Non-Fraternization Supervisor- Subordinate Anti-Harassment Civility Codes Zero Tolerance Written + understandable Easily accessible Regularly communicated Define what it is Outline avenues to complain Cover all protected classes Consider social media Applied uniformly
- 23. How do wechange the culture?
- 24. The culture change +support has to be top-down1 There have to be safe, multiple outlets for filing complaints2 Tap into the women’s based groups at the company3
- 25. Using an employeeapp, kendr connects employees with their employers, promoting secure, discreet and anonymous workplace communication
- 26.
- 28. Doing good doesn’t takelaws mandating such action CBS’s overhauled board features women who are experts in M&A
- 29. Your Take-Aways Be practicalabout people Practice real diversity Handle every complaint expeditiously, investigate + review with an independent panel Be consistent You are the HR professional!
- 30. Cultural respect, sensitivity inadvertising Who hired the employee that was disrespectful Did HR adequately prepare/train employees? Language + Cultural Barriers
- 31.
- 32. WORLDWIDE Telecommunications Trends 84% 16% SALES Total worldwidephone subscribers: 84% of population Workers in many countries are using social media and web portals to apply for jobs
- 35. Creating a workplaceculture of respect, civility + diversity is a journey not a destination
- 36.
- 37. Adapting socially Demonstrating creativity TRAITS ofSuccessful Cross- Cultural Leaders Possessing an even disposition Respecting beliefs Instilling trust, navigating ambiguity
- 38. Brad Gosche GFT LeadInstructor 614-229-4599 bgosche@columbusworldaffairs.org Patrick Terrien President + CEO 614-229-4599 pterrien@columbusworldaffairs.org
- 46. Unpaid Leave Paid TimeOff State Paid Sick Leave Laws Healthy Families Act Pres. Obama’s EO (Federal Contractors) Family + Medical Insurance Leave Act Tax Credit Approach
- 47.
- 48. Paid Leave underHR 4219
- 49. Flexible Work Arrangements under HR4219 Compressed work schedule Biweekly work program Telecommuting Job sharing Flexible scheduling Predictable scheduling
- 53. 26 consecutive weeks paid– 16 additional unpaid maternity leave 24/7 access to trained labor and delivery nurse hotline, onsite lactation rooms, etc.
- 54.
- 55. U.S. Department of Justiceprosecution of FCPA cases increased 400% from 2000 to 2008
- 56.
- 57. Success or failureof a business deal Stock price + value of ESOPs Law in the foreign country to discipline or terminate? What effect did the mistake have on: Reparable or irreparable harm to the company?
- 58. $1.6 billion infines, penalties and disgorgement of profits Multiple violations for payments to gain contracts, record keeping violations in 5 countries
- 59. More than adozen instances transactions kept off Oracle India’s books Remedial measures taken including terminating relationship with distributor
- 60. Several allegations of paymentsto help rapid growth in Mexico Stock price dropped 5% upon allegations, Walmart de Mexico fell more than 12%
- 61. Best Practices toMinimize Compliance Issues An ounce of prevention could be worth a pound of cure Work with domestic counsel in U.S. to quarterback projects with local counsel
- 62. HR = FirstLine of Defense Conducting criminal and credit background checks to determine ethical business history Training programs to prevent unlawful bribery from happening in foreign countries Incentive programs penalizing employees/ contractors that do not violate the FCPA Reporting mechanism for alleged violations and investigation when allegation reported
- 63. Preserving a Drug- FreeWorkplace
- 64.
- 65. In 2014, theSupreme Court of Canada held that the implementation of random alcohol testing for employees in safety- sensitive positions was an invasion of privacy and an invalid exercise of management rights Drug Testing
- 66. Generally prohibited StrictlyLimited Permitted Poland Chile UK (pre-employ) Czech Republic Columbia France (pre-employ) South Africa Drug + Alcohol Testing in Foreign Countries
- 67. Adopt policies thatemphasize it is illegal to work under the influence or consume drugs at the workplace + consequences for not obeying policies1 Work with a reputable drug testing company that administers random testing and complies with all state + federal regulations2 Watch for law changes at the federal and state level on medical marijuana 3
- 69.
- 70. This is notthe answer
- 71. All 16 U.S. HouseSeats 99 Ohio House Seats 17 Ohio Senate Seats 2 Supreme Court Seats Ballot Issues All Statewide Offices 1 U.S. Senate Seat
- 74. Get out your smartphone – I know you have one
- 75. For Better orWorse Changes in leadership at local, state and national levels affect HR policies, foreign country experience is no different
- 76. HR Preparedness Be readyto amend workplace policies + practices to adjust to the ever- changing legal landscape Courts in foreign countries have unique interpretations
- 77. New method forcalculating holiday pay Changes timeframe when employer must pay unpaid vacation Limits time an employee may make a wage complaint Amendments to Canada’s Labour Code - Jobs + Growth Act 2012
- 79. Market Penetration Mexico Cityis the second-largest urban agglomeration in the Western Hemisphere, after Sao Paulo (Brazil), but before New York-Newark (U.S.) Why Mexico?
- 80. Clarifies season worker employment,paternity leave, prevents discrimination Requires access to employees with disabilities (50+ employees) Limits payment of back wages for unlawful termination Major Reforms to Federal Labor Law
- 81.
- 82. Total labor changesrepresent between 35-37.4% of payrollEmployment in Brazil Paid annual leave; 13th salary - 30 days/12 month period
- 83. Employer paid socialsecurity Income tax: 0-27.5% progressive tax levied on monthly incomeSocial Costs Possible accident insurance contributions
- 84.
- 85. Federal Taxes v.Expenditures 47% 34% 9% 9% 1% Individual Income Tax Payroll Taxes Corporate Income Tax Customs Duties and Excise Taxes Other
- 86. Federal Expenditures Social Security 24% Supplimental Security Income 2% CivilianFederal Retirement 3% Medicare 15% Medicaid 10% ACC Subsidies 1% National Security 15% Veterans 5% Interest 6% Refundable credits 2% Transporation 2% Education 2% Food Stamps 2% Justice 1% Housing Assistance 1% Foreign Aid & Int'l Affairs 1% Other 8%
- 88.
- 91. How will you manageyour global workforce?
- 92. ow to GetStarted xtraterritorial Reach of U.S. Laws mployment Law of the Country anguages + Cultural Barriers egal Team At Home + Abroad olitical + Legislative Considerations H E E L L P
- 93. Save the DATE May 15,2019 2019 Ohio SHRM Employment Law + Legislative Conference 2018 Keynote Speaker: Susan Harthill Deputy Solicitor for National Operations U.S. Department of Labor
- 94. Tony Fiore Of Counsel KeglerBrown Hill + Ritter afiore@keglerbrown.com keglerbrown.com/fiore 614.462.5428 @TonyFioreEsq Director, Government Affairs Ohio State Council of SHRM