“All information about employees!” In practice, this is what works councils often request from employers. Works councils have a legitimate interest in being involved in HR developments. However, personal employee data is usually a taboo for the works council. Sharing more information than necessary with the works council may result in severe consequences for companies.
Artificial Intelligence (AI) is revolutionizing the human resources landscape, offering unprecedented opportunities for efficiency and innovation. However, this rapid adoption of AI also brings forth critical ethical considerations, particularly in the fields of employment law and human rights protection. Several laws and regulations on AI governance are currently on the way. At the EU level, for example, the AI Act is currently in the legislative process.
In an article for PLC Magazine, Monica Kurnatowska and Rob Marsh outline employers’ obligations under the new EU Pay Transparency Directive. It considers key elements including pay reporting, pay transparency, pay assessments and equal value, and remedies and enforcement as well as the practical implications for employers in the EU and in the UK in the light of the UK’s withdrawal from the EU.
With increased regulatory scrutiny and the emergence of employee activism, companies have experienced an elevated risk of trade secret disclosure from current or former employees acting as putative whistleblowers. In this episode, Aaron Goodman (Partner, Los Angeles) discussed key factors companies should consider in balancing their trade secret interests against the protections afforded to whistleblowers, with a focus on recent whistleblower laws across the globe.
Maintaining a legal entity, even when it is dormant, will use up valuable resource. Whether it is drafting of corporate approvals, preparation of financial accounts, gathering signatures, making filings, attending to the annual compliance and day-to-day obligations of your dormant legal entities can require a significant amount of management time. We explore why now may be a good time to re-visit plans for dormant entities in your group structures and some of the key benefits that a CLEAR project can bring.
Supreme Decree No. 005-2021-MIDAGRI was published on 30 March 2021, through which Regulation No. 31110 of the Agrarian Labor Regime Law and Incentives for the Agricultural and Irrigation, Agro-exporter and Agro-Industrial sectors are approved.
On 1 February 2021, FINRA issued its 2021 Report on FINRA’s Examination and Risk Monitoring Program (“FINRA Report”) and a bit more than a month later, the SEC’s recently renamed Division of Examinations issued its own 2021 Examination Priorities (“Exam Priorities”). Each of these documents is quite long, with the FINRA report at 44 pages and the Exam Priorities document at 36 pages, and although there are some differences in focus and scope, we did find some common themes, which we have chosen to highlight in what we hope will be a helpful summary.
In R (Independent Workers’ Union of Great Britain) v The Secretary of State for Work and Pensions, the High Court upheld a claim brought by the IWGB union that the UK had failed to properly implement Articles 8(4) and (5) of the EU Health and Safety Framework Directive (89/391/EC) by limiting protection from detriment on health and safety grounds under section 44 of the Employment Rights Act (ERA) to employees. A copy of our update on that case can be found here
In brief Closing the Gap: The EU Pay Transparency Directive As more companies embrace inclusion and diversity as…
ASIC has released a new immunity policy setting out the process and conditions for whistleblowers to obtain immunity from certain civil penalty or criminal proceedings (Immunity Policy). The Immunity Policy extends the types of protection available to a whistleblower beyond those which became available under the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) (Whistleblowing Legislation) which came into force in 2019. As a result there is an increased risk that employees may elect to go direct to ASIC rather than raising an issue internally.