Brazil

  • Brazilian employment law is employee-protective. Labour relations are a matter of Federal law. Therefore, labour rights are nationally standardised, and the same labour costs and consequences will apply regardless of an employer's place (State or City) of business
  • The Federal Constitution provides several minimum conditions and benefits that are guaranteed to all employees, such as minimum wage, overtime payment and Christmas Bonus
  • Unions are very active and may agree additional mandatory benefits through collective bargaining agreements negotiated with the companies
  • Both the employer and the employee are allowed to terminate the employment at any time, without cause. Under some specific and exceptional circumstances, employees may be entitled to temporary job stability, which may prevent the employer from terminating the relationship for a given period

Canada

  • Employment law concerns the relationship between an individual and an employer, while labour law regulates the collective representation of employees by trade unions
  • With some exceptions, employment in Canada is "at will", in that the employer may terminate the relationship at its discretion (provided it is not for an illegal reason).
  • However, unlike the U.S.A., while the basis for the termination is "at will", dismissed employees are entitled to notice of termination or pay in lieu of notice unless they are dismissed for "just cause".
  • Provincial employment standards legislation establishes minimum standards for wages, vacation, leave, notice of termination and severance. However, the common law applicable to most (but not all) employment provides greater entitlement on termination and can otherwise regulate the employment relationship. These common law obligations can, however, be limited by contract, subject to the legislated minimum standards
  • All jurisdictions have legislation prohibiting discriminatory practices and harassment in the workplace. Employers have significant positive obligations to ensure equality in the workplace

Mexico

  • In case of termination with cause, the employer must deliver a termination notice either directly to the employee at the moment of the dismissal or through the Conciliation and Arbitration Labour Board within five days following the date of termination. No severance pay is required for termination with cause
  • When a business transfer takes place, for six months after the transfer, the former employer is jointly liable with the successor employer for any obligations derived from the employment relationship or under law that existed before the effective date of the transfer. The six-month term starts running once the employees are actually notified of the change of employer either directly or through the union
  • Employers of unionised workers are required at the union's request to negotiate a collective agreement. If an employer fails to enter into a collective agreement, the workers may exercise the right to strike
  • At trial, the burden of proof is on the employer to show that the employee is guilty of the conduct justifying dismissal. If the employer fails to do so, the employee may request either reinstatement or a payment equivalent to three months' salary

USA

  • Employers seeking to hire a foreign national may file a petition with immigration services for an employment visa for the prospective employee. If the petition is approved, the prospective employee must obtain a visa stamp from a US embassy or consulate
  • There are no minimum requirements for an employment contract. An employment relationship is presumed to be "at will"
  • Employees employed on an "at will" basis may be dismissed, with or without a good reason, provided it is not for an illegal reason, notably unlawful discrimination
  • US law provides for retirement benefits and subsidised health insurance under federal Social Security and Medicare programs
  • There is no legislation which seeks to protect affected employees when a business transfers to new ownership, although statutory notice requirements may be triggered where a transfer results in a mass layoff or plant closing