Descriptive as opposed to prescriptive, the report assesses trends rather than suggesting policy approaches. It builds on the historical perspective of prior reports and identifies global shifts and new developments in human resources law. Wide-ranging in scope, the research delves into the most pertinent labour and HR issues faced by global multinational companies during 2019 and the beginning of 2020. In addition to COVID-19 related measures, workplace issues covered include dismissal and retirement; corruption and whistleblowing; temporary and contract work arrangements; flexible working; family friendly policies; stress and mental health; data protection; privacy and human rights; discrimination; diversity; technology and artificial intelligence; collective bargaining and industrial action; executive remuneration and banking reform; gender pay inequalities; and immigration and talent. The report also provides a high-level overview of the impact of recent political and world events and expected future human resources challenges, as a result of, for example, greater prominence of the MeToo and Black Lives Matter movements as well as increased awareness around data privacy.

Issues include:

• Achieving equal treatment of female employees and reducing sexual harassment and discrimination based on ethnicity or religion;
• Responding to technological advancements, with specific focus on data privacy and cybersecurity issues;
• Concern that artificial intelligence and the use of predictive analytics will replace the decision-making and accomplishment of repeatable tasks, potentially making certain jobs obsolete;
• Concern around the economic impact of increasing nationalism and isolationism with restrictive immigration policies and tariffs, which could lead to unemployment;
• A continuing problem of shortages of highly skilled workers, driven by talent migration, a lack of educational/training programmes, and insufficient economic incentives; and
• Discrimination, relating to, inter alia, disabilities and gender is also a continued concern, despite anti-discrimination laws in place.

Todd A Solomon, IBA GEI Vice Chair of Membership and for Diversity and Inclusion, stated: ‘It is clear that the COVID-19 pandemic has had a dramatic impact on workforces everywhere, with the working patterns and practices of most industries significantly altered, but there has also been great resilience and ingenuity. The IBA GEI’s latest annual report, together with past reports, will provide a clear picture of the changes. Future reports will also benefit from historical evidence as well as demonstrate the significance of any trends. Certainly, the landscape of the global workforce is forever changed. What remains to be seen is the degree to which governments, businesses, employers and employees will need to adapt. To this end, our reports are amassing empirical evidence.’ 

Gunther Mävers, IBA GEI Co-Chair, added: ‘With the publication of the Annual Global Reports the IBA GEI has set a guiding benchmark. These reports do not only provide a thorough summary of the latest trends and developments in labour and employment law matters all over the world, but serve as a valuable resource of information for inhouse and external HR and labour and employment law counsels. Reading how new issues – like new forms of employment or COVID-19 on the work floor – are dealt with in other countries often helps with addressing them in one’s own country. Our annual reports are a valuable addition to our topic-specific reports periodically published’.

The IBA GEI was formed in early 2010 for the purpose of developing a global and strategic approach to the main legal issues in the human resources and human capital fields for multinationals and worldwide institutions. It provides a unique employment, discrimination and immigration law contribution to private and public organisations throughout the world on a diverse range of global issues. This is designed to enhance the management, performance and productivity of those organisations and to achieve best practice in their human capital and management functions in a strategic perspective.

Since the establishment of the IBA GEI a number of topical reports have been published, including the recent ones on The On-Demand Economy and on Internal Investigations. A full list can be found here: www.ibanet.org/unit/Human+Resources+Section/committee/IBA+Global+Employment+Institute/3226.

The current Co-Chairs of the IBA GEI are Els de Wind and Gunther Mävers of the law firms Van Doorne NV in Netherlands and michels.pmks in Germany, respectively.

ENDS