Co-Chair
Caroline
Andre-Hesse
Co-Chair
Vikram Shroff
Employment and Industrial Relations Law Committee
Very few legal fields face the revolutionary changes that employment and industrial relations laws do. Issues such as technology, human rights, globalisation, corporate citizenship and increased movements of people have created unprecedented legal complexity as they interact with traditional laws often formulated decades ago. As the largest of the Human Resource Section Committees of the IBA, the purpose of the Committee is the identification, technical analysis and proactive management of national, regional and global developments in these rapidly evolving fields. The Committee takes a ‘cutting edge’ approach to its selection of topics and speakers and draws upon the combined experience of its officers and panellists to present the members with innovative solutions to the employment law problems of today.
Forthcoming conferences and webinars View All Conferences
IBA Annual Conference Mexico City 2024
15 Sep - 20 Sep 2024
Mexico City , Mexico
Annual IBA Employment and Diversity Law Conference 2025
02 Apr - 04 Apr 2025
Marrakech , Morocco
Publications
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
Resolutions
Subcommittees and other groups
The Employment and Industrial Relations Law Committee also coordinates the activities of the following subcommittees/working groups.
- Compensation and Benefits Subcommittee
- Presidential Task Force Against Human Trafficking