November



CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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November 24, 2015
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Supreme Court Of Puerto Rico Reaffirms That Violence In The Workplace Justifies First Offense Termination

In a unanimous decision, the Supreme Court of Puerto Rico recently reaffirmed its previous position that an act of aggression by an employee towards a coworker is sufficient to establish just cause for termination under Puerto Rico's Unjustified Dismissal statute, Act No. 80 of May 30, 1978 (Act 80), even when the aggression is a first-time offense. After granting the employer's petition for a writ of certiorari, the Supreme Court of Puerto Rico reversed the appellate court's decision, holding that the termination was supported by just cause. This reasoning was echoed by the concurring opinion, which cautioned that courts should not approach such cases as if they were human resources departments instead of courts of law. Although this case deals with workplace violence, its reasoning may be extrapolated to other serious offenses warranting immediate termination.

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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November 24, 2015
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A Primer On Russia 's New Data Localization Law

"Russia 's new data localization law, Federal Law No. 242-FZ, an amendment to Russia 's On Personal Data Law goes into effect on September 1, 2015 and it may have wide reaching implications on firms that collect personal information from Russian citizens, even if those companies are not located in Russia. The law requires ""operators"" to collect, store, and process Russian citizens ' personal data using databases located within Russia. Since the law does not explicitly exempt foreign companies from its requirements, companies outside of Russia should assume that Russia 's Roskomnadzor, the state body that oversees Telecommunications, information technology, and mass communication will interpret the law to apply equally to foreign companies that collect, store, and|or process the personal data of Russian citizens."

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CMS.DataEngine.CollectionPropertyWrapper`1[CMS.DataEngine.BaseInfo]
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November 24, 2015
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Snapshot Of Good Practice Guidance In Employee Screening

Brazilian law places non-statutory limitations on an employer 's ability to seek background checks for employment purposes, including criminal record checks, consumer credit checks, or driving record checks. Denial of employment based on information solely contained in a background check, however, is warranted only if that information suggests a candidate 's working capacity, safety, or reliability would be materially impaired. A 2004 ruling by the 2nd Regional Labor Court determined that no worker may be fired solely based on the fact that they have an open file in a Credit Protection Service. Otherwise, an employer could face liability for discrimination. A candidate must expressly consent to undergo a background check. An applicant who refuses to consent to a medical examination however may lawfully be denied employment. The individual right of intimacy guaranteed by the Brazilian Constitution obligates employers to safeguard the confidentiality of all records relating to background checks.

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