LexisNexis

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The right to go to work – the employer as regulator in the UAE

As a result of the Covid-19 pandemic, the requirement to work from home and not attend the office was enforced across each country within the Gulf Cooperation Council (GCC) to prevent the spread of Covid-19. However, following the rollout of the Covid-19 vaccine, there has been a relaxation on this requirement to work from home and many employees have returned to work. This article considers the factors that GCC-based employers should bear in mind in terms of vaccination protocols and/or a return to office-based working.

Released on Dec 22, 2021

The right to go to work – the employer as regulator in the UK

This article takes a look at the extent to which UK employers can insist on Covid-19 vaccination, and/or testing, as a condition of employment, or visiting the workplace, and any associated risks.

Released on Dec 22, 2021

Working from anywhere v national employment and tax rules: the Italian experience in the EU context

Remote working from anywhere in the world is a reality for many employees, thanks to the technological advances and cultural shifts that we have seen during the Covid-19 pandemic. In purely legal terms, however, national borders and physical presence still matter: the Italian social security and tax rules represent a notable example of the application of the ‘Territoriality’ principle, which is common also at European level.

Released on Dec 15, 2021

Work and vaccination against Covid-19 in Ukraine: new challenges for employers and employees

As the campaign for vaccination against Covid-19 in Ukraine goes on and new measures and restrictions are introduced by the government, more questions are raised regarding mandatory vaccination for employees.

Released on Dec 15, 2021

Validity of requiring vaccination and PCR testing from employees in Turkey

Due to the Covid-19 pandemic, employers are required to take measures to meet their occupational health and safety obligations. The most important and debated health and safety measure is requiring vaccination and PCR testing from employees. Whether this measure may be mandatory within the workplace, and the sanctions that may apply if an employee fails to comply with this measure, have become a more pressing issue.

Released on Dec 15, 2021

Vaccines and testing in the UK workplace: new rules and expectations

The Covid-19 pandemic has prompted many UK employers to introduce new rules on vaccination and testing in the workplace. This raises legal risks and privacy issues, and also illustrates how Covid-19 has changed the expectations between employer and employee in relation to health information and workplace safety.

Released on Dec 15, 2021

The age of Covid-19: the right to go to work and the employer as regulator

The Covid-19 pandemic has substantially changed certain paradigms concerning employment relationships, especially about the interaction between employers and their employees. This article looks at the debates surrounding the issue of the vaccination of employees in the Brazilian context.

Released on Dec 15, 2021

Remote working in the Netherlands – challenges and limitations

The Covid-19 pandemic has heavily affected our lives, including the way we work. In the Netherlands, employers are forced to act in line with government lockdown measures and restrictions that are constantly changing. How are Dutch employers dealing with this? What challenges are they facing? Is the Dutch government lending a helping hand by proposing new legislation? And more importantly, are these legislative proposals a solution to the problem?

Released on Dec 15, 2021

Refusal to vaccinate against Covid-19 as a cause for termination of employment in Brazil

With the return to on-site activities, a growing number of employers in Brazil began to require proof of vaccination against Covid-19 as a measure to guarantee health and safety in the workplace. The possibility of requiring vaccination (including the possibility of dismissing for cause those employees who refuse vaccination without a valid reason) has been the subject of discussion within the government, Brazilian labour authorities, Brazilian labour courts, and companies, especially because of a recent regulation issued by the Ministry of Labor and Social Security that imposed restrictions on companies.

Released on Dec 15, 2021

Privacy in the era of Covid-19

The spread of Covid-19 has raised multiple questions, primarily relating to employment, performance of the labour function and protection of personal data of employees. This article considers general Covid-19 requirements for employers and employees, in the context of Russian data privacy legislation.

Released on Dec 15, 2021

Moving forward to the new workplace reality after the pandemic

With the return to work on-site and employers' general obligation to provide a safe workplace, discussions about mandated vaccination are increasing exponentially. Even though local rules vary for each country, employers are generally not allowed to simply demand vaccination, as certain exceptions must be considered, including for medical reasons or religious beliefs. In this context and until the pandemic is over, it is important for employers and employees to find the right balance between workplace safety and personal concerns.

Released on Dec 15, 2021

Mental health and wellbeing of employees in a post-pandemic world: considerations for employers

The Covid-19 pandemic, and the resultant hybrid model of working, has led to a surge in mental health issues among employees. This article considers why tackling mental health issues has become a top workforce-health concern for employers and why it is imperative for them to take a holistic and systematic approach to address the elephant in the room.

Released on Dec 15, 2021

Hybrid work model: the future of the workplace in India?

The Covid-19 pandemic has disrupted the conventional idea of a workplace. It can no longer be limited to designated office areas. The implementation and administration of a hybrid work model will definitely be a challenge for Indian employers, but it also has several advantages for them and their employees, although such successful implementation and administration will require bespoke policies and internal protocols.

Released on Dec 15, 2021

Embracing the hybrid-working model: an overview of what’s next in Italy

Hybrid working will remain post-pandemic: the related digitisation of work has created increasingly unclear boundaries between work and private life, causing a potentially a negative impact on workers’ physical and mental health, as well as their safety at work. The right to disconnect will assume a fundamental role in the protection of workers. Well in advance of the pandemic, Italy adopted a specific provision on hybrid working in both the privuate and public sectors, including on the right to disconnect. This article aims to illustrate the Italian legislative framework in this respect.

Released on Dec 15, 2021

Covid-19 and privacy: employer’s rights v employees’ right to privacy

This article looks at a few considerations and concerns that arise in the interplay between, on the one hand, privacy and data protection, and on the other, the protection of public health, the employer’s right to control and its duty of safety.

Released on Dec 15, 2021

Co-Chairs' message, September 2020

A message from the Co-Chairs of the Employment and Industrial Relations Law Committee, September 2020.

Editors' message, September 2020

A message from the Editors of the Employment and Industrial Relations Law Committee, September 2020.

Spain and the revolutionary change in working time rules

In recent months, Spain has adopted new regulations in relation to the tracking of employees’ working time. These impact Spanish labour relations, as they create an obligation for all employers to set reliable tracking systems, with a view to keeping records of their employees’ working schedules.

Difficult times for employers in Latin America

Latin America has been facing constant changes in its model, with important social movements and an increasing level unrest. New governments are changing the rules affecting investment and increasing employment costs dramatically. It is important to monitor this region with a conservative approach, expecting more changes and increased conflict, itself deriving from social unrest, which has its origins in economic differences.

Tracking of working time rules

Even though Turkey’s Labour Law No 4857 does not regulate how employers track the working times of their employees in any detail, such tracking has become more important in view of the recent decision of the Court of Justice of the European Union (CJEU), stating that employers must set up an objective, reliable and accessible system that can track working times.

Personal issues impacting the workplace

This article concerns an issue that could greatly affect the workplace: burnout. It starts with a definition of burnout under the recent World Health Organization classification and highlights its possible implications for the employer. Further parts focus on the potential risks of burnout for employers and provide possible solutions on how to deal with burnout in the workplace

Latest developments on whistleblower protection in the Nordics

Employees are often the first to know about wrongdoings committed within their company and are therefore in a privileged position with respect to disclosing such activities. However, despite legislative attempts, the overall protection for individuals who report remains insufficient and fragmented within the Nordics, just as across the European Union. Those who may ultimately help prevent damage to the public interest, by disclosing information which would otherwise have remained hidden

A Malaysian perspective on compensation and benefits for millennials

Millennials represent the bulk of the modern-day workforce in Malaysia. Despite this, they find themselves on the receiving end of less-than-adequate compensation and benefits from employers. Living costs are at an all-time high, but millennials have little to no hesitation in leaving employment in order to explore better opportunities. This article aims to examine the current state of the workforce and highlight the significant gap between what millennials expect in terms of compensation and benefits.

Growing areas of United States shareholder scrutiny related to employment and compensation matters

Recent US trends and developments in legislation, litigation and regulatory enforcement activity in the arena of employment and compensation range from heightened scrutiny of executive perquisites to increased focus on gender pay gap considerations and environmental, social and governance considerations. This article focuses on those growing areas that have recently been attracting heightened scrutiny from shareholders and the United States Securities Exchange Commission.

Wrongful dismissal compensation: back to a purely indicative scale?

Prior to 2016 in France, damages for unfair dismissal were awarded in relation to the harm suffered by the employee, without any limit provided by law. In 2016, an indicative scale was inserted into the French Labor Code and, in 2017, that scale was capped by the Macron Ordinances and made legally binding for judges, except in specific cases.

Employers’ obligations towards disabled employees in Israel: knowing when and how to accommodate disabilities

This article considers the nature and scope of employers’ obligations in Israel towards those with disabilities, in view of recent National Labour Court rulings. These decisions highlight the sensitivity and complexity of dealing with such; the consideration of necessary adjustments to working conditions; and the procedures to be implemented when considering termination of employment

Blowing the whistle on workplace sexual harassment: an Italian labour law perspective

After addressing the issue of what falls within the concept of sexual harassment under Italian law, this article aims to analyse what means and legal protections are available to encourage employees to blow the whistle when they are victims of sexual harassment at work, as well as what improvements could be made in the future.

Whistleblowing: how to have good ‘speaking up’ procedures and why this matters

Employers are increasingly focusing on the area of whistleblowing, following recent high-value cases and in light of the new European Union whistleblowing directive. This article looks at the current United Kingdom regime and the new EU directive and discusses best practice for employers when implementing whistleblowing policies and procedures and investigating concerns raised.

Does an equity incentive fall within the scope of labour remuneration?

The prevailing view of the courts in China is that equity incentives are not a part of labour remuneration and such disputes are not subject to the procedural prerequisite of labour arbitration, while a few courts hold a different view. Phantom stock is more likely to be treated as part of remuneration due to its very nature, which is less contentious in practice.

Key employment law issues in a whistleblower investigation: an Indian perspective

In the absence of a specific and standalone Indian law for whistleblower investigations, an internal inquiry undertaken following a complaint gains immense significance, especially if severe disciplinary action such as suspension and/or termination of employment is being recommended.