Committee publications

Human trafficking: Canadian court confirms statutory tort applies to temporary foreign workers

This article looks at the recent decision of the Ontario Superior Court of Justice involving a temporary foreign worker. As a result of this ruling, there is now some prospect that statutory claims may be available in human trafficking cases, including those involving labour brokers where the worker can establish exploitation.

Released on Apr 21, 2023

The role of diversity policies in the competition for labour

This article analyses the current recruitment crises across Western Europe and how diversity policies may shape the ability to compete for labour.

Released on Apr 21, 2023

The Naples Court of Appeals: Disabled employees cannot be indirectly discriminated against due to absence for sick leave

In a recent judgment, Judgment No 168/2023, the Naples Court of Appeals upheld the decision of the lower court, declaring it unlawful to dismiss an employee with a degenerative disease for exceeding the grace period. This important decision supports the legal stance that including the provision for the grace period for employees with less serious illnesses and disabilities in collective bargaining agreements is a form of indirect discrimination under Legislative Decree 216/2003 and EU’s Equality Framework Directive 2000/78/EC.

Released on Apr 21, 2023

Moonlighting: A solution for employees, a challenge for employers

This article looks at the emergence of the practice of moonlighting and analyses the impact this has on traditional employer–employee dynamics.

Released on Apr 21, 2023

Harnessing diversity in India: Ensuring policies on inclusion are effective

This article seeks to assess the gap between the objective of diversity and inclusion related statutes and their practical application and provide guidance on the practical measures that organisations can adopt to facilitate a diverse and inclusive workplace.

Released on Apr 21, 2023

Burnout and the legal impact on employment relationships in Brazil

The number of employees suffering from burnout in Brazil is significant. As it is now considered an occupational phenomenon, companies should be mindful to prevent it and structure the necessary measures to create a healthier workplace.

Released on Apr 21, 2023

Humanitarian law and the narrative of the war dead in Ukraine

Though silent, the bodies of those killed in war still have stories to tell. Customary and statutory international humanitarian law are dedicated to these stories, protecting the rights of the persons who used to inhabit these bodies. Despite the ongoing nature of the war in Ukraine and the dearth of reliable information, some reports set out facts which are likely to implicate these IHL principles both during and after the conflict. In looking to the dead for evidence, and acting to honor their memory, IHL reaffirms their dignity and humanity.

Released on Apr 21, 2023

Artificial intelligence and Canada’s immigration system

This article discusses artificial intelligence in Canadian immigration, including recent developments. It also deals with ethical considerations for automated decision-making, and the evolution of artificial intelligence regulations.

Released on Apr 20, 2023

Diversity and equality: Has the pandemic changed the modern-day workforce?

Diversity and equality in the workplace are being discussed more often and more frequently by organisations and are becoming a core element used to gauge an organisation’s reputation. For example, certain companies will not work with a firm that does not have a clear and practical framework in place to address these issues. This is an encouraging sign in terms of creating a more diverse society.

Released on Apr 20, 2023

The road to equal pay and pay transparency: What do the EU’s Directive and the recent ruling by the German federal labour court mean for employees and employers?

This article looks at the latest developments concerning equal pay and pay transparency in Germany, following a ruling by the General Federal Labour Court in February 2023. The article analyses this decision in light of the broader EU law, given that the equal pay principle has been one of the founding principles of the EU and was already enshrined in the Treaty of Rome 1957. Furthermore, the article also looks at recent EU initiatives to strengthen this principle and assess their expected impact.

Released on Apr 20, 2023

Employment and diversity lawyers and the ‘S’ in ESG

This article intends to highlight the workplace issues that have emerged as a result of the growing ESG movement.

Released on Apr 20, 2023

Italy welcomes legislative changes in the area of DE&I

Italy welcomes legislative changes that represent a clear sign of greater awareness of diversity, equity and inclusion (DE&I) issues and urges employers towards a rapid cultural change, where human resources (HR) personnel can play an important role. Therefore, the attention is switching from more traditional areas of employment law to new ambits where lawyers can effectively collaborate with clients to shape forward-looking organisations.

Released on Apr 20, 2023

Gender equity in the Brazilian job market and the importance of role models

Despite their higher frequency in tertiary education, women face great challenges in securing management positions. Numerous studies have reported how invisible barriers, such as unconscious bias, are responsible for perpetuating the workplace gender gap.

Released on Apr 20, 2023

Alternative working arrangements in Argentina

Remote working has arrived as a result of the deep post-pandemic change in employees’ expectations, focused on achieving a better work–life balance, consequently alternative working arrangements had and still have a central role in the labour sector. In Argentina, and Latin America, a new trend that has come to stay is hybrid-style working, which implies a combination of in-person work and remote work. In order to implement this hybrid-style working format, human resources departments are currently using encouragement measures to entice employees back into the office.

Released on Apr 20, 2023

Gender identity under Austrian employment law

An employee’s gender can play a crucial role during their employment period and the entitlements arising from it. Austrian law so far has only known a binary gender (female and male) system. In 2018, the Austrian Constitutional Court ruled that a person can have different genders other than female or male. Thus, as a result of Constitutional Court case law, a third gender was introduced into the Austrian legal system. The following article discusses the effects this ruling has on current Austrian employment law related to the gender of the employee.

Released on Apr 20, 2023

Workplace harassment in Korea: Meeting the criteria

Since the addition of provisions on workplace harassment to the Korean Labour Standards Act (LSA) in July 2019, workplace harassment has become a prevalent issue reviewed and investigated by companies in Korea. The somewhat broad definition of workplace harassment, as explained below, has also led to more whistleblower reports, making it increasingly important to understand what constitutes workplace harassment.

Released on Apr 20, 2023

Banking on big data: the transformation of banking services through data analytics

Big data and its ability to transform banking were up for discussion at the 2022 IBA Annual Conference in Miami, where panel members considered the future of the legal and regulatory landscape for consumer protection.

Released on Apr 14, 2023

To disclose or not to disclose ESG: are ESG public disclosures even a choice anymore given the prevailing regulatory trends and institutional investors’ demands?

Major institutional investors are taking a principled approach towards companies that provide insufficient ESG disclosures and regulators across the globe are increasingly making adequate annual ESG disclosures mandatory. The purpose of the session was to discuss emerging worldwide trends in ESG disclosure, as well as the related risks and opportunities.

Released on Apr 14, 2023

Fear the Twitter and watch the Insta!: emerging commercial opportunities and regulatory risks as securities markets participants, regulators and digital influencers converge on social media

This conference session discussed how financial regulation and the regulation of securities offerings has evolved in the face of the growing use of social media by issuers, investors, broker dealers and intermediaries, and what more market participants and regulators can do to efficiently, but fairly, harness the power of social media.

Released on Apr 14, 2023

The shareholder activist juggernaut continues

This conference panel presented the activism landscape, discussed the rise of ESG activism, analysed what activists and proxy advisors look for and concluded with a set of quick highlights on the changing regulatory landscape for activism.

Released on Apr 14, 2023

Hitting the moving target: cyber, data privacy and artificial intelligence (AI) compliance and governance

Cybersecurity, data privacy and artificial intelligence issues are endemic. Some immediate questions are: how should businesses operating across borders track developments? What is the organisational and compliance standard that stakeholders expect? Is compliance with specific legal obligations sufficient to avoid reputational harm and, if not, how should it be dealt with?

Released on Apr 14, 2023

Is pro bono work the future for full-service law firms?

pro bono, pro bono at full-service firms, Argentina, Latin America.

Released on Apr 13, 2023

Pro bono behind-the-scenes

An article looking behind the scenes at pro bono work

Released on Apr 13, 2023

Pakistan’s plant variety protection laws: balancing national food security with the rights of plant breeders.

Pakistan, as a member of the World Trade Organization (WTO) and a signatory to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), is obligated to protect new plant varieties under article 27.3(b) of the TRIPS Agreement.

Released on Apr 12, 2023

Victim of credit card fraud? Asking for reimbursement according to the ABF

According to the Italian Banking and Financial Arbitrator (ABF), in cases of fraudulent use of a credit card, the claim for reimbursement of the unauthorised payment transactions should be made against the card-issuing bank.

Released on Apr 12, 2023

Out-of-court debt restructuring as an alternative to business reorganisation proceedings

When a company becomes financially distressed to the point of insolvency, often the suggested route is to file for bankruptcy or business reorganisation proceedings under Thailand’s Bankruptcy Act 1940, as amended (the Bankruptcy Act). However, businesses may want to consider another informal alternative to the remedies provided under the Bankruptcy Act before proceeding with the court action: an out-of-court debt restructuring process with its creditors. This alternative route offers its own benefits and drawbacks compared to the said traditional court proceedings, whereupon each business must consider the options based on its own circumstances.

Released on Apr 12, 2023

Saudi Arabia's foreign direct investment legal framework and outlook

Over the last year, Saudi Arabia has experienced a surge in FDI. In Q3 of 2022, FDI inflows to the tune of SAR 7.2bn (US$1.9bn) were reported by the Investment Ministry. This was an impressive surge compared to 2021, which saw SAR 6.5bn worth of investment during the same quarter. This 10.7 per cent growth in FDI inflows is a testament to the growing attractiveness of Saudi Arabia as an investment destination. By 2030, the Saudi Arabian government aims to reach US$100bn in annual FDI, an ambitious but achievable goal if current trends continue.

Released on Apr 6, 2023

Foreign merger control in Nigeria

The Federal Competition and Consumer Protection Act (the ‘Act’ or FCCPA) is the principal legislation governing mergers and acquisition in Nigeria since its enactment in 2019. The Act has essentially established the framework for the regulation of competition and antitrust issues in Nigeria under the supervision of the Federal Competition and Consumer Protection Commission (the ‘Commission’ or FCCPC). The FCCPC, pursuant to the powers contained in the Act, has established rules and regulations for foreign mergers in Nigeria.

Released on Apr 6, 2023

Trends in Brazilian tax treaties

This article evaluates possible new tendencies in Brazilian tax treaties, considering double tax conventions recently signed by the country with Norway and the United Kingdom, which also include innovative provisions.

Released on Apr 5, 2023

Challenges, trends and opportunities for venture capital investment in Brazil in 2023

The ecosystem for the venture capital market in Brazil has reached a maturation level that offers investors a clear standpoint for the validation of their investment thesis, while providing several fundraising options for entrepreneurs. This article describes the current trends and features of venture capital transactions in Brazil in 2023 and beyond.

Released on Apr 3, 2023