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Recent years have seen a huge growth in European cross-border
mergers and acquisitions (M&A), and considerable attention has
been given to how such deals arise and are completed. A U.S.
investor must understand the basic difference in the principle of
individual labor law in the U.S. and how it compares with the laws
of the target country in an M&A. In the U.S., under the
employment at-will doctrine, the U.S. private sector employers can
dismiss their non-unionized employees at any time for any reason or
even no reason at all. In most European Union (EU) countries and
Germany and Italy specifically, employees are presumed to have a
basic right to keep their jobs indefinitely. One of the greatest
labor cost disparity with the U.S. is not wages. It is the amount
of paid time-off and other benefits. Employers in Germany and Italy
will find it difficult to discharge employees without incurring
substantial liability. For high-level, long-term employees, these
severance payments can run into six or even seven figures.
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