Protection Failures and Obstacles to Redress Indonesian migrant domestic workers facing abuses during recruitment, while waiting in pre-departure training centers, or when working in Malaysia have few options for seeking protection and little hope for redress. The Indonesian and Malaysian governments abdicate most monitoring and protection functions to labor suppliers who may be either negligent or abusive themselves. Even women who obtain help from the Indonesian embassy or NGOs are still stymied in their quest for justice by Malaysian immigration and labor laws as well as labor agents who are able to vanish at critical moments and escape punishment.
In America, internal investigations into suspicions and allegations of employee misconduct follow an increasingly well-defined approach. But exporting US investigatory best practices raises unexpected hurdles of foreign workplace laws.
Internal investigations in the US have become high-profile and big business. Corporate investigations can be hugely expensive: And these investigations can be long and drawn-out: By the time ex-FBI director Louis Freeh wrapped up his thorough internal investigation into child rape allegations at Penn State University, Memorandum overseas workers and u s prison chief targets were either dead or in prison—Penn State launched its investigation after the scandal broke in late ; Joe Paterno died in January ; a Pennsylvania jury convicted Jerry Sandusky on 45 counts of child molesting in June; the investigation wrapped up that July.
The highest-profile internal investigations tend to be complex, drawn-out and expensive. That said, huge internal investigations are the exception. Most internal investigations tend to be fairly streamlined, inexpensive and fast. Investigations into, for example, run-of-the-mill claims of petty theft, bullying, harassment, workplace accidents and expense-account fraud often get wrapped up quickly and inexpensively.
But in this era of Sarbanes-Oxley, Dodd-Frank and close scrutiny into corporate compliance and ethics, an internal investigation, be it slow and expensive or fast and streamlined, needs to get done right. Wrongdoers need to get punished.
Investigatory tools forged in the US do not always work well abroad. Adapt US investigation practices for the international context. Be sure to comply with foreign workplace laws.
US multinationals conducting cross-border internal investigations inevitably want to export and use their sophisticated toolkit of American investigatory strategies, which they see as vital in confronting a border-crossing criminal prosecution or civil lawsuit such as a charge under extraterritorial US federal laws like the Foreign Corrupt Practices Act, terrorism financing rules, trade sanctions laws, the Alien Tort Claims statute, international-context violations of Sarbanes-Oxley and Dodd-Frank, extraterritorial provisions of US discrimination laws—even the UK Bribery Act which can reach US-based employers.
Recent increases in international criminal and civil charges have focused multinationals on the legal challenges to border-crossing internal investigations.
Recent conferences and articles even some books explicate many of the legal issues in play here.
These conferences and articles tend to focus on the US law doctrines reaching US-driven international investigations. But because these issues are all anchored in US law, these issues are distinct from the separate challenge, in a cross-border or foreign-domestic internal investigation, of complying with the local domestic law of the overseas workplace.
Of course, a US multinational conducting a local investigation abroad needs to comply with local host-country law as well as US law. Indeed, US headquarters may have to investigate not only the occasional "extraterritorial" charge under US federal law but also far more common claims under foreign local laws that do not trigger exposure under US laws.
These foreign domestic investigations are becoming increasingly common. In some parts of the world, conducting an internal investigation is actually mandatory in certain contexts. The British Columbia Worker's Compensation Act requires employers to conduct immediate investigations into workplace accidents that require medical treatment, as do other workplace safety laws.
Because American investigatory tools were forged in the uniquely American environment of employment-at-will, US multinationals exporting and using these tools in overseas investigations run into problems.
The law of the US workplace imposes fairly few constraints on how American employers can investigate suspicions of employee wrongdoing Weingarten rights and Upjohn warnings aside.
Overseas, though—especially in Europe—the environment differs greatly. Internal investigations abroad are subject to a panoply of restrictions under the local law and culture of the foreign workplace.
Because foreign workplace laws that reach internal investigations tend to have no counterpart under US employment-at-will, they often spring up and catch American investigators off-guard.A federal judge issued an emergency order Saturday night temporarily barring the U.S.
from deporting people from nations subject to President Donald Trump's travel ban. Anguish turned to hope for. Dated August 27, the customs memorandum order (COM) applies to all non-commercial inbound consolidated shipment of overseas Filipino workers and for returning OFWs bringing in personal and.
Memo: Workers Threatened Over Prison Abuse 1 hour, 3 minutes ago a letter to the Army's top criminal investigator complaining about "highly aggressive" interrogation techniques at the U.S.
prison camp in Guantanamo Bay dating back to — more than a year before the scandal broke at the Iraqi prison. According to the memo from the. Malaysia's U-turn on its committed recruitment of a huge pool of Bangladeshi workers is certainly an embarrassing issue for both countries.
Sadly, for Bangladesh, it is more than that since its lofty hopes were deflated when Malaysia reversed its policy a day after it thrashed out a deal to hire million Bangladeshi workers.
The Federal Bureau of Prisons (BOP) is a United States federal law enforcement agency. A subdivision of the U.S. Department of Justice, the BOP is responsible for the administration of the federal prison system.
During another trip overseas from July to November , Malcolm X visited the Organization of African Unity’s second summit in Cairo. He issued an eight-page memorandum, which called on newly independent African states to support the liberation movement of African Americans.