The Law Reviews

The Employment Law Review

Edition 8

Published: April 2017Contents


Editor's Q&A

i) What are the hot topics?

Our first general interest chapter continues to track the variety of employment-related issues that arise during cross-border merger and acquisition transactions. After a brief decline following the global financial crisis, mergers and acquisitions remain active. This chapter, along with the relevant country-specific chapters, will aid practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate M&A deals.

ii) Tell us about any key legal developments – recent or pending – and their international impact.

Global diversity and inclusion initiatives remained a significant issue in 2015 in nations across the globe, and is the topic of the second general interest chapter. In 2015, many countries in Asia and Europe, as well as North and South America, enhanced their employment laws to embrace a more inclusive vision of equality. These countries enacted anti-discrimination and anti-harassment legislation to ensure that all employees, regardless of sex, sexual orientation or gender identity, among other factors, are empowered and protected in the workplace. Unfortunately, there are still many countries where homosexuality is a crime, and multinational companies have many challenges still with promoting their diversity programmes.

iii) What are the biggest opportunities and challenges for practitioners and clients?

An increasing employment law trend in which companies revise, or consider revising, social media and mobile-device management policies. Because companies continue to implement ‘bring your own device’ programmes, this chapter emphasises the issues that multinational employers must contemplate prior to unveiling such a policy. ‘Bring your own device’ issues remain at the forefront of employment law as more and more jurisdictions pass, or consider passing, privacy legislation that places significant restrictions on the processing of employees’ personal data. Employers must bear in mind best practice when monitoring employees’ use of social media at work and prior to making an employment decision based on information found on social media.

Religion can also have a significant impact on the workplace and the legal environment has had to adapt. Different countries manage and integrate religion in the workplace differently, for example in their approaches to religious dress and symbols, and discrimination.