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
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
Welcome to the summer 2023 e-bulletin from the IBA Employment and Industrial Relations Law Committee.
Released on Jun 20, 2023
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 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
As teleworking and virtual meetings become more widespread, will the metaverse become the new workplace? This article explores the main legal implications of this phenomenon from an employment law perspective.
Released on Jun 20, 2023
An interview with Dave Ulrich, author and speaker, on the present and future of human resources and organisation matters, conducted by the Newsletter Editors of the IBA Employment and Industrial Relations Law Committee.
Released on Jun 20, 2023
Employer of record is a new opportunity for many companies but, in some jurisdictions, there are some risks that need to be analysed.
Released on Jun 20, 2023
The article discusses the importance of environmental, social and governance (ESG) compliance for businesses. ESG compliance involves a company’s adherence to practices aligned with the values and expectations of stakeholders, highlighting the challenges companies face in implementing ESG practices, such as navigating the complex regulatory environment and collecting reliable ESG data. This article also emphasises the opportunities for companies that prioritise ESG practices, including improved performance, reputation, access to capital and stronger stakeholder relationships. The article recommends best practices for ESG compliance, such as developing a clear ESG strategy, establishing relevant ESG metrics and integrating ESG practices into business operations.
Released on Jun 20, 2023
Moonlighting is the practice of working a second job within or outside normal business hours, typically without the knowledge of the primary employer. Potential legal risks that are associated with moonlighting include conflicts of interest, decreased productivity, health and safety issues, intellectual property concerns and potential data security breaches. In this article, we discuss the evolution of working systems and reasons that lead to moonlighting, the legal issues involved, the ways to prohibit or regulate moonlighting and any benefits associated with moonlighting.
Released on Jun 20, 2023
While engaging an employer of record (EOR) is a business model commonly adopted by companies willing to expand globally without the need for establishing a physical presence in each country they intend to operate in, such model faces many challenges in Brazil. This article addresses the legal implications of adopting an EOR model in Brazil.
Released on Jun 20, 2023
Historically, Pakistan’s alignment with the environmental, social and governance (ESG) movement has been tepid, but efforts have been made to encourage ESG compliance within the country. Pakistan’s legal framework provides a conducive environment for firms to establish and achieve ESG goals, attracting investments across various sectors, including agriculture, banking and infrastructure development. In 2021, a record $649bn was invested in ESG-focused funds worldwide and the sustainable finance industry saw the emergence of ESG-linked loans and incentive-linked securities in different regions. This article explores the recent emergence of the environmental and social aspects of ESG in Pakistan and their impact on the future of employment in the country.
Released on Jun 20, 2023
Artificial intelligence allows employers to regain lost rights by improving the organisation’s supervision and error detection capabilities, both before and during the employment relationship.
Released on Jun 20, 2023
The article deals with some common issues faced by parties in a PEO arrangement in India due to shortcomings in contract drafting, and how these issues can be avoided.
Released on Jun 20, 2023
This article explores the Italian legal framework governing the use of artificial intelligence (AI) to monitor employees, focusing on the interim emergency decision issued by the Italian Data Protection Authority on 30 March 2023, which limited the processing of Italian users’ data by OpenAI, and the measures that employers must take to ensure compliance with data protection laws and employee rights while using AI for monitoring purposes.
Released on Jun 20, 2023
This article looks at the post Covid-19 workplace in Ireland and some of the advantages and challenges we face.
Released on Oct 7, 2022
Covid-19 not only affected the workplace in the short term but has also had long-term effects. In this article, we will aim to highlight some of the new opportunities and challenges related to the post-Covid workplace in the employment law arena, such as new working models, new rules in recruiting and retention and data privacy issues.
Released on Oct 7, 2022
This article analyses the current context of post-pandemic economic adversity and social uncertainty and how companies are managing to handle this situation. It focuses on labour market practices in recruiting and retaining personnel while remaining competitive.
Released on Oct 7, 2022
The Covid-19 pandemic has profoundly reshaped Luxembourg’s labour market. The workplace has changed with the establishment of remote working, thanks to computer and communication technologies. The legal framework has had to adapt quickly to regulate this practice and respond to changes in workers’ attitudes demanding flexibility and better work-life balance; as well as dealing with the ensuing problems of isolation, inability to disconnect, abuses and other unintended consequences. The pandemic has also encouraged a rapprochement with bordering countries, leading to the renegotiation of tax treaties that were once firmly established.
Released on Oct 7, 2022
Post-pandemic workplaces have seen a rise in agile working. While this has positively affected some employees’ flexibility to manage their work-life balance, it has led to increased social isolation and adverse mental health consequences for others. This article considers the range of legal duties and obligations on UK employers to protect the mental health and wellbeing of their employees, including those working remotely. It outlines practical steps on how to mitigate the effects of social isolation by supporting employees to thrive at work, as well as how to negate the legal risks of falling short of legislation in this area.
Released on Oct 7, 2022
This article explores the concept of the metaverse and its growing relevance to workspaces. It examines the applicability to workspace in the metaverse of existing labour laws in India and analyses various human resource oriented and legal considerations pertaining to recruitment, use of digital currency, data privacy concerns, sexual harassment, jurisdictional challenges, and diversity and inclusion.
Released on Oct 7, 2022
This article looks at Brazil’s recent implementation of a new type of visa – the Digital Nomad visa – that aims to attract foreign individuals to live in the country while providing services to companies abroad.
Released on Oct 7, 2022
The pandemic has significantly changed attitudes to work and employment matters, often triggering the need to implement a restructuring or reorganisation process. There may be several ways to achieve the short-term targets, but the need to identify the long-term aims is much more complicated.
Released on Oct 7, 2022
In the post-pandemic world of work, what do employers need to consider in relation to remote and flexible working, and how can they protect employees’ mental wellness and ensure they remain engaged.
Released on Oct 7, 2022
Whether a practice or policy gives rise to whistleblower risk depends on the court that will rule on a claim and the priorities of the presidential administration. Recent developments illustrate the importance of these considerations, with federal appellate courts diverging on their approaches to the adverse-action and causation elements of a whistleblower claim and the Securities and Exchange Commission returning to aggressive enforcement of prohibitions on restricting employees’ ability to report legal violations to regulators. This article discusses these concerns and what multinationals can do to address them.
Released on Oct 7, 2022
As the gig economy booms, challenges regarding the status of gig workers emerge. In India, law makers recently proposed an employment law framework, the Social Security Code, 2020, which recognises ‘gig workers’ and ‘platform workers’ for the extension of social security benefits. This article discusses the emergence of the gig economy in India, the opportunities and problems encountered by its workers, the proposed regulatory framework and the authors’ thoughts in the context of India’s gig economy landscape.
Released on Oct 7, 2022
The implementation of remote working started to be applied during the Covid-19 pandemic to reduce risk of infection in the work place. As the risk of infection has reduced, the more ‘working from anywhere’ has become an employment issue, requiring the evaluation of tax, immigration and employment law.
Released on Oct 7, 2022
The Covid-19 pandemic caused the UAE to adapt rapidly to new workforce demands. Uncustomary before the crisis, temporary, part-time and remote working are now common in the workplace. These new arrangements – and others – are accommodated by a new labour law that took effect in early 2022.
Released on Oct 7, 2022
This article reviews the Ontario Digital Platform Workers Rights Act 2022 (the DPWRA), which is part of a series of pro-worker legislative initiatives which have been announced or adopted in 2022. In the spring of 2022, the government of Canada’s largest province introduced the DPWRA, which if passed into law, would provide for employee-like statutory rights to gig workers, including minimum wage, notice upon termination and a related dispute resolution process. Some have heralded this as groundbreaking, while others have noted that the move will benefit platform operators, who will have less onerous compliance requirements than other employers.
Released on Oct 7, 2022
In light of an inadequate framework of whistleblower protection in Hong Kong, what can an employer do as best practice?
Released on Oct 6, 2022