With a surge in layoffs taking place over the past year, many of those originally hired to diversify the workplace have been impacted, and studies show that inclusion, diversity and equity (ID&E) professionals have been affected by layoffs at a higher rate than others. The harm? Other than potentially hurting employee morale and sidelining efforts to improve ID&E in the workplace, employers risk exposing themselves to litigation.
The European Parliament has now formally adopted the Pay Transparency Directive having reached political agreement on its provisions with the Council of the EU at the end of 2022. Its provisions are likely to enter into force in most EU member states in 2026. The measures in the Directive are significant and touch on many aspects of the employment lifecycle.
• Government further strengthens enforcement measures against social insurance fraud
• Guangdong province issues detailed implementing rules for parental leave and elder care leave
• National authorities publish guideline cases dealing with protection of women’s rights
• Guangdong High People’s Court publishes guideline case on ex-employee theft of trade secrets
• Shanghai non-compete case shows courts may look at circumstantial evidence to prove breach by employees engaged in covert competition
• Henan court case shows importance of using correct terminology in an employment termination notice
We provided an overview perspective on EU Whistleblowing Directive: Local Implementation which includes updates on the latest EU employment and compliance developments.
The European Whistleblowing Directive was supposed to be implemented by the European Union’s 27 member states by no later than 17 December 2021, impacting employers with operations in those jurisdictions.
Join us for a four-part webinar series as our US moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. US-based multinational employers with business operations in Asia Pacific, Europe, the Middle East and Africa, and the Americas regions will hear directly from local practitioners on the major developments they need to know, and come away with practical tips and takeaways to implement.
On 9 March 2023, the Luxembourg Parliament adopted a law introducing a new legal framework into the Labor code to fight against moral harassment during employment. On 5 April 2023, the New Law was published in the Luxembourg official gazette and entered into force on 9 April 2023.
The South African Department of Finance has published Directive 8 on the compulsory screening of employees for competence and integrity. Failure to comply means that such businesses will risk sanction, including a fine of up to ZAR 50 million. Accountable institutions must record how the screening has been conducted and keep records of the outcome of such screening, which must be made available to the Financial Intelligence Centre upon request. It has been stipulated that screenings should begin as soon as possible.
This publication features Italy’s latest developments in employment law.
On March 15, the Law Decree No. 24/2023 (so-called “Whistleblowing” decree) has been published in the Italian Official Gazette. The decree enhances the principles of transparency and accountability in reporting and applies to all private companies that (i) employ an average of more than 50 employees or (ii), regardless of the number of employees, are active in sectors deemed particularly “sensitive” or (iii) already have in place an Organizational Model for the prevention of crimes (so-called “231” model). The new decree introduces the obligation to set up adequate reporting channels and whistleblower protection systems.
The Anti-Sexual Harassment Act 2022 passed by the Dewan Negara on 11 August 2022. On 28 March 2023, several provisions of the Act came into effect, and it is anticipated that the rest of the Act will come into effect in stages. This is a positive development to be lauded, considering that it is the first to many steps in having an anti-sexual harassment legislation in Malaysia, to increase the prevention and awareness of sexual harassment (in addition to the sexual harassment provisions in the Employment Act).