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Tag results for 'employment'

Sandoz and the journey thereafter: a re-examination of the status of sales promotion employees under the industrial relations regime in India

India has a strong labour-centric protectionist regime under the Industrial Disputes Act 1947 (‘ID Act’), which applies to the ‘workman’ category of workforce. The issue of coverage of sales promotion employees within the purview of ‘workman’ has been inadequately addressed, notwithstanding the legislative developments intended to cover such employees directly under the ID Act. This article discusses the issue and the relevant legal developments, while also highlighting the limited role played by the judiciary in addressing the question.

Released on Nov 25, 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.

Tracking of working time rules in Brazil: recent developments

Rules regarding tracking of working hours and overtime are examples of topics that have been most influenced by social changes in most recent decades. Legislators have been struggling to adjust provisions of law in light of these changes. This article seeks to present an overview of Brazilian labour and employment law on this topic, as well as of recent legislative changes related to its impact on employees and employers.

Preventing and defending discrimination claims

As the world of work changes and global best practices become mandatory, workplace fairness, equality and inclusion are important goals for every employer to pursue. Workplace discrimination occurs when an employee/individual is adversely discriminated against on account of race, colour, religion, sex, disability or genetic information. Using Nigeria as a reference, this article examines the boundaries in preventing and defending discrimination claims.