Understanding foreign employment regulations: rights, obligations and protections for workers in Ghana
Foreign employment has become an increasingly common practice as workers seek opportunities beyond their home countries. However, for workers engaged in such contracts, it is vital to understand their rights and the legal framework protecting them, as well as the obligations of their employers. This article is an overview of the key provisions in the regulations governing foreign employment, designed to ensure fairness and safety for workers and their families
Released on Jul 28, 2025
The definition of workplace and enterprise in determination of competence for trade unions’ collective agreements under Turkish jurisprudence
The Turkish Collective Bargaining Agreements Law establishes distinct thresholds for determining a trade union’s eligibility to negotiate and conclude collective agreements. Multiple work locations can be collectively considered as a single workplace if they present in the form of a ‘connected place’. Conversely, an enterprise refers to a broader unit comprising multiple workplaces, potentially spanning different sectors, all under a single employer’s ownership and control.
Released on Jul 28, 2025
From courtrooms to contracts: navigating non-compete covenants through Italian case law
This article aims to highlight the most critical aspects of post-contractual non-compete covenants for subordinate employees, considering the latest developments in case law. Italian regulations strive to balance the protection of a company’s assets with the right to work. Case law plays a significant role in interpreting the legal requirements; this article analyses areas of uncertainty such as the amount and method of payment for due consideration, the scope of the agreement and the possibility of employer withdrawal, which companies must consider when drafting relevant contractual agreements.
Released on Jul 28, 2025
Artificial intelligence in Spanish collective bargaining agreements
Artificial intelligence (AI) is absolutely crucial for understanding the future of labour relations. In Spain, specific clauses on this subject have started to appear in a few collective bargaining agreements and are based essentially on respecting legal representatives’ rights to information and on the impact that AI can have on working conditions.
Released on Jul 28, 2025
Global talent mobility: overcoming legal and cultural barriers in India
As globalisation accelerates, businesses are increasingly seeking to tap into diverse talent pools, thereby driving innovation and enhancing competitiveness. However, navigating the legal framework in India, including compliance with immigration laws, social security contributions and establishing a local presence, sometimes presents challenges for organisations. This article discusses strategies for overcoming these legal and cultural barriers, as we delve into strategising the business structure, evaluating compliance obligations, developing inclusive work environments, offering cross-cultural training and addressing communication challenges.
Released on Jul 28, 2025
Employment termination in India: navigating legal frameworks, fair procedures and severance strategies
This article provides an overview of the key legal provisions in India that govern employment termination. It delves into the procedural safeguards in place to prevent unfair dismissals, highlighting the distinctions in employment termination practices across different sectors, the special protections afforded to vulnerable groups such as women, disabled or sick employees and the importance of adherence to principles of natural justice in the termination process.
Released on Jul 28, 2025
Navigating workplace investigations in the post-DEI era
With the growing attack on Diversity, Equity and Inclusion (DEI) initiatives in the United States, workplace investigations will undoubtedly be at the forefront of the changes. Employees in underrepresented groups may think that their employer no longer protects their needs while employers may fear audits, liability or penalties if they stray from the US President’s recent Executive Orders. This article examines how the evolving DEI landscape is shaping workplace investigations, Equal Employment Opportunity Commission (EEOC) investigation updates and how organisations can ensure fairness, due process and legal compliance through investigations in a post-DEI era.
Released on Jul 28, 2025
Navigating the landscape of non-compete agreements in Brazil: trends and transformations
This article explores non-compete agreements in Brazil, highlighting current case law and the potential impacts of the Federal Trade Commission’s decision to ban non-compete clauses. It addresses how globalisation and digital transformation are shaping the future of employment agreements in a complex legal environment, particularly in relation to non-compete agreements.
Released on Jul 28, 2025
The 80-year struggle to achieve equity in the workplace for women in Colombia – do we need to focus on more strong laws or on public and private programmes?
This article aims to explain how in Colombia, significant legislative and jurisprudential efforts have been made over 80 years to reaffirm the existence of equal conditions for men and women in the workplace. However, as will be observed, inequitable conditions between men and women remain prevalent.
Released on Jul 28, 2025
Outsourcing and employment rights – two changes in the Portuguese employment regime and their implications
It’s not news that globalisation and technology have revolutionised the market, increased competition and put pressure on labour market. However, this context places the employees of outsourcing services and the employees of potential clients in an increasingly delicate situation. Last year, the Portuguese legislator implemented two (not so straightforward) measures to protect both groups: applicability of client's collective regulation to outsourced employees and limitation of outsourcing after collective redundancies. The implementation and effects of this are still unclear and waiting for court rulings. Nonetheless, there is an urgent need to clarify the rules to better protect employees and their rights.
Released on Sep 12, 2024
The employee’s right to disconnect in Canada and Australia
New legislation in Canada and Australia enables employees greater access to the ‘right to disconnect’ (RTD) from the workplace outside ordinary working hours. Different approaches are being adopted. In Ontario, Canada employers must develop a RTD policy for their organisation. The Australian Federal Government has opted for a more comprehensive and detailed RTD scheme that will apply to most employers.
Released on Sep 11, 2024
Interview with Luigia Ingianni
As labour markets continue to evolve, lawyers and policymakers must reflect on whether the current legal framework is suitable for the new trends, needs, opportunities and challenges of the world of work or needs to align. This interview with Luigia Ingianni, who leaders the Employment Standards Office of the Qatar Financial Centre, considers such issues.
Released on Sep 9, 2024
Beyond tradition roles: examining the role of trade unions as a key stakeholder in business and governance
When one hears of a trade union in the Indian context, one is often reminded of an overbearing political intervention in the affairs of the union, limited understanding of union leadership as regards business requirements and work responsibilities and slow-paced legislative reforms in bridging the gap between the actual and the expected role of unions. This article presents a picture of the above challenges and an opportunity to revisit the role of trade unions and see them as an important component of corporate governance.
Released on Sep 9, 2024
ESG mandatory reporting as a diversity and inclusion tool
This article provides a view of the recent developments in Brazil regarding diversity and inclusion in corporate governance, based on ESG reporting obligations. Although progress has been made, studies on the matter highlight the need for further progress, especially in terms of women’s representation in leadership positions and inclusion of vulnerable groups, especially black and brown individuals. Consequently, ESG reporting may be used as a powerful tool to increase the representation of vulnerable worker groups, by developing targeted diversity and inclusion policies.
Released on Sep 9, 2024
Employees versus something else: a clash between Brazilian labour courts and the Supreme Court
While Brazilian labour courts historically resisted to uphold anything else to a typical employment, fully governed under the Brazilian Consolidation of Labour Laws (‘CLT’), a thorough reform to CLT, and recent shifts in labour dynamics (which continue underway), have influenced a review of such a traditional approach. These factors, among others, led the Brazilian Supreme Court to take a pro-business view, at odds with labour courts’ dominant stance. Tensions between labour courts and the Supreme Court mount, while both platform work regulation and a tax reform are on legislators’ agenda.
Released on Sep 9, 2024
Employment agreement and non-compete clauses: topical issues to consider in Nigeria
Over the years, there has been an issue on the validity and enforceability of non-compete clauses in employment contracts in Nigeria. The traditional and longstanding view is that these clauses restrict the employees fundamental rights including the employees’ right to freedom of association and right to earn a living, thereby impacting on their right to have a quality life. One of the effects of this, is that, it stifles mobility of labour and restricts the employee’s right to work. There is, however, a growing recognition that non-compete clauses may serve to protect the legitimate and reasonable investment of employers. The question, however, remains as to the factors to be considered in determining the reasonability of the non-compete clause.
Released on Aug 27, 2024
Innovative solutions and regulatory challenges: technology’s role in labour law
This article explores how technological improvements serve as tools to bring people closer together, optimise resources and provide solutions in an interconnected world. The combination of technological advancement and the lack of legal regulation has led lawyers to reconsider their role in a changing world, striving to fully comply with the law while offering efficient methods for their clients.
Released on Aug 27, 2024
Employee mobility restrictions: a review of India’s sustained approach at restraining the restraint, in light of global trends on non-compete bans
Trends across the globe reflect a measured approach at limiting enforceability of post-separation non-competes in the context of workforce management. Growing voices against strangling of labour mobility under the garb of confidentiality and non-compete is being seen with immense distaste in employment rights movements. Several countries have demonstrated significant developments on banning non-compete in certain circumstances. India, however, has historically maintained a sustained approach at barring enforceability of post-separation non-competes, subject to limited exceptions. This article discusses these growing trends against non-competes, its limitations and jurisprudence in India, and popular alternate strategies adopted in practice to legally protect business interests.
Released on Aug 27, 2024
Banning non-competes: lessons from Ontario, Canada?
Do laws which ban employee non-compete agreements actually work to foster innovation and growth? The real-world experiment over the past several years in Canada’s largest province may offer some insights. Ontario has, since late 2021, had legislation in effect which prohibits employers with Ontario-based employees from signing non-competition agreements with most employees. When the current Ontario provincial government passed these rules, they claimed that this would lead to greater mobility among employees, and a legal and human resources environment which would attract more skilled and mobile workers.
Released on Aug 27, 2024
Is employment law keeping pace with technology? The rise of digital nomads and the challenges faced by tech disrupters
This article analyses the restrictions that current employment law constructs can apply to harnessing a diverse and creative workforce essential to creating new digital technologies and ideas.
Released on Aug 27, 2024
Chile moves to reduce the maximum work week, but many doubts remain
The reduction of the maximum workweek in Chile has been expected by all parties alongside the country’s economic stability and growth. However, the approval of Law 25.561 – which enforced such a change – has created unexpected questions regarding exempt employees and other forms of modern work which have not yet been answered by the authorities.
Released on Aug 27, 2024
Employment and ESG awareness: a new way to promote fundamental rights?
ESG factors are increasingly relevant in today’s work and social environment. Italian legislators are more and more attentive to adapting to the new priorities established by the evolving economic and organisational landscape. However, this process has led to various approaches. Health, safety and sustainability measures in the workplace rely heavily on current regulations and their interpretation by the courts and operators. Meanwhile, new rules have been implemented to promote sustainable mobility and gender equality. This requires companies to exercise additional compliance efforts, while some incentives are provided in the latter case.
Released on Aug 27, 2024
Australia’s new laws: more and stronger employee and union rights – adapting to changes in ways of working
Recent Australian employment and industrial law reforms. Facilitating collective bargaining, enhancing union power and influence, and the rights of union delegates. The changes in the economic and organisational environment and new ways of working: flexible work, gig workers, casual employment, fixed-term employment, labour hire and right to disconnect.
Released on Aug 27, 2024
Borderless workforce and global mobility: Indian legal considerations
The landscape of the workplace is evolving due to the meteoric rise of remote work and a globalised talent pool in the last few years. The benefits of a borderless workforce working remotely without geographical restraints extend to both organisations and the workforce alike. Organisations are able to access a global pool of talent whereas the workforce appreciate the freedom and flexibility to work from anywhere. Indian employment laws, though technical, offer a fair amount of flexibility for engaging a foreign workforce in India or vice versa when sending an Indian workforce abroad. However, organisations should certainly have a clear understanding of employment law, social security, tax, exchange control and immigration law requirements before moving forward. A legally thought through approach goes a long way in mitigating risks and treading the right path with greater awareness.
Released on Aug 27, 2024
The UK perspective on the FTC ban on US non-competes
The Federal Trade Commission recently announced a complete ban on non-competes in the US on the basis that they are contrary to competition laws. This article revisits the operation of non-competes in the UK and explores the UK’s previous proposals in relation to non-compete reforms, as well as the UK Consumer and Markets Authority’s views on such provisions. We consider whether we are likely to see a similar ban in the UK in the near future and explore alternative ways that employers can protect their confidential information if they are prevented from using (or choose not to use) non-compete provisions.
Released on Aug 27, 2024
Digital nomads – the inevitable ‘to do list’ for employers
The phenomenon of ‘work from anywhere’ (WFA) engagements, specifically digital nomads, has significantly increased since and due to the Covid-19 crisis. However, employers have yet to keep up with the pace and take control of it. WFA is not merely a romantic phenomenon but rather a situation that requires prior careful legal analysis and preparation. This article analyses and tackles this growing method of engagement, demonstrating the importance of a comprehensive policy to regulate it for the benefit of both employers and employees. As always, knowledge provides power.
Released on Jun 23, 2023
ESG and modern slavery in Brazil: what should companies know?
The ‘S’ pillar in ESG focuses on practices related to diversity, anti-discrimination, health and safety in the workplace, and modern slavey. The eradication of modern slavery is one of the most important aspects for companies to consider, especially in Brazil where labour authorities have been paying great attention to modern slavery in supply chains.
Released on Jun 20, 2023
Employment and Industrial Relations Law Editor's note
Welcome to the summer 2023 e-bulletin from the IBA Employment and Industrial Relations Law Committee.
Released on Jun 20, 2023
The rise in popularity of employer of record arrangements and global working from a UK perspective
This article analyses the current rise in popularity of the employer of record model and the challenges this can present from a UK employment law perspective.
Released on Jun 20, 2023
The metaverse and the evolution of the workplace
The metaverse is an unknown space, with endless possibilities. Technology is changing the way we see the world and, therefore, impacting the workplace and providing a new way of working no matter where we are.
Released on Jun 20, 2023