Outsourcing and employment rights – two changes in the Portuguese employment regime and their implications
It’s not news that globalisation and technology have revolutionised the market, increased competition and put pressure on labour market. However, this context places the employees of outsourcing services and the employees of potential clients in an increasingly delicate situation. Last year, the Portuguese legislator implemented two (not so straightforward) measures to protect both groups: applicability of client's collective regulation to outsourced employees and limitation of outsourcing after collective redundancies. The implementation and effects of this are still unclear and waiting for court rulings. Nonetheless, there is an urgent need to clarify the rules to better protect employees and their rights.
Released on Sep 12, 2024
The employee’s right to disconnect in Canada and Australia
New legislation in Canada and Australia enables employees greater access to the ‘right to disconnect’ (RTD) from the workplace outside ordinary working hours. Different approaches are being adopted. In Ontario, Canada employers must develop a RTD policy for their organisation. The Australian Federal Government has opted for a more comprehensive and detailed RTD scheme that will apply to most employers.
Released on Sep 11, 2024
Interview with Luigia Ingianni
As labour markets continue to evolve, lawyers and policymakers must reflect on whether the current legal framework is suitable for the new trends, needs, opportunities and challenges of the world of work or needs to align. This interview with Luigia Ingianni, who leaders the Employment Standards Office of the Qatar Financial Centre, considers such issues.
Released on Sep 9, 2024
Beyond tradition roles: examining the role of trade unions as a key stakeholder in business and governance
When one hears of a trade union in the Indian context, one is often reminded of an overbearing political intervention in the affairs of the union, limited understanding of union leadership as regards business requirements and work responsibilities and slow-paced legislative reforms in bridging the gap between the actual and the expected role of unions. This article presents a picture of the above challenges and an opportunity to revisit the role of trade unions and see them as an important component of corporate governance.
Released on Sep 9, 2024
ESG mandatory reporting as a diversity and inclusion tool
This article provides a view of the recent developments in Brazil regarding diversity and inclusion in corporate governance, based on ESG reporting obligations. Although progress has been made, studies on the matter highlight the need for further progress, especially in terms of women’s representation in leadership positions and inclusion of vulnerable groups, especially black and brown individuals. Consequently, ESG reporting may be used as a powerful tool to increase the representation of vulnerable worker groups, by developing targeted diversity and inclusion policies.
Released on Sep 9, 2024
Employees versus something else: a clash between Brazilian labour courts and the Supreme Court
While Brazilian labour courts historically resisted to uphold anything else to a typical employment, fully governed under the Brazilian Consolidation of Labour Laws (‘CLT’), a thorough reform to CLT, and recent shifts in labour dynamics (which continue underway), have influenced a review of such a traditional approach. These factors, among others, led the Brazilian Supreme Court to take a pro-business view, at odds with labour courts’ dominant stance. Tensions between labour courts and the Supreme Court mount, while both platform work regulation and a tax reform are on legislators’ agenda.
Released on Sep 9, 2024
Employment agreement and non-compete clauses: topical issues to consider in Nigeria
Over the years, there has been an issue on the validity and enforceability of non-compete clauses in employment contracts in Nigeria. The traditional and longstanding view is that these clauses restrict the employees fundamental rights including the employees’ right to freedom of association and right to earn a living, thereby impacting on their right to have a quality life. One of the effects of this, is that, it stifles mobility of labour and restricts the employee’s right to work. There is, however, a growing recognition that non-compete clauses may serve to protect the legitimate and reasonable investment of employers. The question, however, remains as to the factors to be considered in determining the reasonability of the non-compete clause.
Released on Aug 27, 2024
Innovative solutions and regulatory challenges: technology’s role in labour law
This article explores how technological improvements serve as tools to bring people closer together, optimise resources and provide solutions in an interconnected world. The combination of technological advancement and the lack of legal regulation has led lawyers to reconsider their role in a changing world, striving to fully comply with the law while offering efficient methods for their clients.
Released on Aug 27, 2024
Employee mobility restrictions: a review of India’s sustained approach at restraining the restraint, in light of global trends on non-compete bans
Trends across the globe reflect a measured approach at limiting enforceability of post-separation non-competes in the context of workforce management. Growing voices against strangling of labour mobility under the garb of confidentiality and non-compete is being seen with immense distaste in employment rights movements. Several countries have demonstrated significant developments on banning non-compete in certain circumstances. India, however, has historically maintained a sustained approach at barring enforceability of post-separation non-competes, subject to limited exceptions. This article discusses these growing trends against non-competes, its limitations and jurisprudence in India, and popular alternate strategies adopted in practice to legally protect business interests.
Released on Aug 27, 2024
Banning non-competes: lessons from Ontario, Canada?
Do laws which ban employee non-compete agreements actually work to foster innovation and growth? The real-world experiment over the past several years in Canada’s largest province may offer some insights. Ontario has, since late 2021, had legislation in effect which prohibits employers with Ontario-based employees from signing non-competition agreements with most employees. When the current Ontario provincial government passed these rules, they claimed that this would lead to greater mobility among employees, and a legal and human resources environment which would attract more skilled and mobile workers.
Released on Aug 27, 2024
Is employment law keeping pace with technology? The rise of digital nomads and the challenges faced by tech disrupters
This article analyses the restrictions that current employment law constructs can apply to harnessing a diverse and creative workforce essential to creating new digital technologies and ideas.
Released on Aug 27, 2024
Chile moves to reduce the maximum work week, but many doubts remain
The reduction of the maximum workweek in Chile has been expected by all parties alongside the country’s economic stability and growth. However, the approval of Law 25.561 – which enforced such a change – has created unexpected questions regarding exempt employees and other forms of modern work which have not yet been answered by the authorities.
Released on Aug 27, 2024
Employment and ESG awareness: a new way to promote fundamental rights?
ESG factors are increasingly relevant in today’s work and social environment. Italian legislators are more and more attentive to adapting to the new priorities established by the evolving economic and organisational landscape. However, this process has led to various approaches. Health, safety and sustainability measures in the workplace rely heavily on current regulations and their interpretation by the courts and operators. Meanwhile, new rules have been implemented to promote sustainable mobility and gender equality. This requires companies to exercise additional compliance efforts, while some incentives are provided in the latter case.
Released on Aug 27, 2024
Australia’s new laws: more and stronger employee and union rights – adapting to changes in ways of working
Recent Australian employment and industrial law reforms. Facilitating collective bargaining, enhancing union power and influence, and the rights of union delegates. The changes in the economic and organisational environment and new ways of working: flexible work, gig workers, casual employment, fixed-term employment, labour hire and right to disconnect.
Released on Aug 27, 2024
Borderless workforce and global mobility: Indian legal considerations
The landscape of the workplace is evolving due to the meteoric rise of remote work and a globalised talent pool in the last few years. The benefits of a borderless workforce working remotely without geographical restraints extend to both organisations and the workforce alike. Organisations are able to access a global pool of talent whereas the workforce appreciate the freedom and flexibility to work from anywhere. Indian employment laws, though technical, offer a fair amount of flexibility for engaging a foreign workforce in India or vice versa when sending an Indian workforce abroad. However, organisations should certainly have a clear understanding of employment law, social security, tax, exchange control and immigration law requirements before moving forward. A legally thought through approach goes a long way in mitigating risks and treading the right path with greater awareness.
Released on Aug 27, 2024
The UK perspective on the FTC ban on US non-competes
The Federal Trade Commission recently announced a complete ban on non-competes in the US on the basis that they are contrary to competition laws. This article revisits the operation of non-competes in the UK and explores the UK’s previous proposals in relation to non-compete reforms, as well as the UK Consumer and Markets Authority’s views on such provisions. We consider whether we are likely to see a similar ban in the UK in the near future and explore alternative ways that employers can protect their confidential information if they are prevented from using (or choose not to use) non-compete provisions.
Released on Aug 27, 2024
Digital nomads – the inevitable ‘to do list’ for employers
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
ESG and modern slavery in Brazil: what should companies know?
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
Employment and Industrial Relations Law Editor's note
Welcome to the summer 2023 e-bulletin from the IBA Employment and Industrial Relations Law Committee.
Released on Jun 20, 2023
The rise in popularity of employer of record arrangements and global working from a UK perspective
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 and the evolution of the workplace
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
The metaverse: the workplace 3.0 (from a European perspective)?
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
The future of work: an interview with Dave Ulrich
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
The concept of local legal employer or employer of record gains momentum as a form of hiring
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
Navigating the challenges and opportunities of ESG compliance
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: a question of ethics or the future of work
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
Legal implications of engaging an employer of record in Brazil
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
ESG: the future of employment in Pakistan
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
Empowering employers: the advantages to adopting artificial intelligence in the workplace
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
Efficient contracting: the key to a successful client–PEO–employee relationship
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