Employment and Industrial Relations Law Editor's note

Tuesday 20 June 2023

Dear reader,

Welcome to the summer 2023 e-bulletin from the IBA Employment and Industrial Relations Law Committee. 

This latest e-bulletin looks at issues that will impact or inform the future of employment law, from different perspectives and across various jurisdictions, including exploring global mobility and the challenges presented by new technology.

For this e-bulletin, we were pleased to be able to interview Dave Ulrich, an influential author and speaker, on the present and future of HR and organisational issues, and hear his views on the impact of technology, labour market liberalisation and ESG.

Artificial intelligence (AI) is highly topical at the moment, and the impact of AI in the workplace is explored in two of the articles in this newsletter. Littler, Italy considers the relationship between AI and employee monitoring, and how Italian laws seek to strike a balance between protection of personal data and corporate interest. Marval, O'Farrell & Mairal, Argentina considers the advantages of AI in the workplace, and how it can help employers to gain a competitive edge.

Staying on the theme of technology, Van Olmen & Wynant, Belgium discusses the avatar, and the extent to which this should be considered an employee like any other, while Basham Ring y Correa, Mexico looks at the metaverse and the evolution of the workplace, including how it can help employees to work together virtually wherever they are in the world.

Global working is the focus for the article by Herzog, Israel on the rise of digital nomads, and the legal challenges faced by employers with these "work from anywhere" employees.

In the cross-border world which employers are increasingly inhabiting, the use of ‘employer of record’ or ‘professional services organisation’ models is becoming more and more common. These types of arrangements present many legal considerations for employers, which differ across jurisdictions. Garrigues considers the ‘grey figure’ of the employer of record under Spanish legislation, while JSA Law looks at what works and what doesn't when it comes to employer of record arrangements in India. The UK perspective is explored by Walker Morris, including the practical steps which employers can take to protect their interests. And Montgomery & Associados highlights the legal challenges (and how to overcome them) when it comes to using an employer of record in Brazil.

Environmental, social and governance (ESG) issues are of increasing importance for businesses (and their clients, customers and investors) throughout the world, and the way in which a business treats its employees is an important part of the ‘S’ in ESG. Machado Meyer discuss ESG in Brazil, with a focus on modern slavery. Hogan Lovells looks at how employers in Mexico are navigating the challenges and opportunities of ESG compliance, while Akhund Forbes explores the relationship between ESG and the future of employment in Pakistan.

In the current challenging economic climate, it is not unusual for employees to take on more than one job, and the implications of this are considered by AZB & Partners, India in their article on moonlighting and whether this is a question of ethics or an inevitable part of the future of work.

We hope you enjoy this e-bulletin. Look out for the next issue of the e-bulletin later this year!

Ed Mills
Senior Newsletter Editor, IBA Employment and Industrial Relations Law Committee

Héctor González Graf
Newsletter Editor, IBA Employment and Industrial Relations Law Committee

Silvia Tozzoli
Newsletter Editor, IBA Employment and Industrial Relations Law Committee