To accommodate employees' desires to maintain a balance between their professional and personal lives as well as the ongoing significance of diversity and inclusion, the employment legal environment is evolving.
FREMONT, CA: Employment law is constantly evolving, particularly in the current climate of changing work practices and increased focus on diversity, inclusion, and ESG initiatives. As businesses adapt to new ways of working, they need to stay abreast of developments in the jurisdictions in which they operate. Some common trends highlighted for employers operating across jurisdictions include legislation related to remote working, attracting and retaining talent, and supporting employees at work.
The increased interest in remote working and the ability to work from various locations since the pandemic has brought flexibility to employees. This further raises the legal and practical implications for employers. They need to be aware of issues such as creating a "permanent establishment", tax and social security requirements, and data protection. Employers must ensure that their policies are consistent and non-discriminatory. The employer must take precautions to avoid unintentional prejudice against other cultures when allowing certain employees to work abroad. Understanding the reasons for granting or denying a particular request is essential.
As hybrid working practices become more established, governments are consulting on and introducing legislation to reflect these new ways of working. For instance, Belgium has introduced a "right to disconnect" for employees, while Poland requires employers to control working times and ensure safety regulations are complied with when employees work from home. Employers need to be aware of these new regulations and ensure compliance.
Despite the rise in redundancies and restructurings, employers are paradoxically struggling to retain and attract talent in certain areas. Governments are introducing employment packages to encourage people back into employment and reskill those nearing the end of their working lives. Additionally, employee-friendly legislation such as the right to a compressed working week, increased parental leave for fathers, and greater protection against unemployment has been introduced in many jurisdictions.
Employers also need to be aware of new legislation supporting whistleblowers and gender equality. The Whistleblowing Directive is being implemented across EU countries, and employers need to ensure compliance with local laws while aligning their approach internationally. Gender pay gap reporting is also being encouraged in many jurisdictions, with the introduction of measures such as gender equality. Employers need to stay up-to-date with the evolving employment law landscape in the jurisdictions in which they operate. With new ways of working and increased focus on diversity, inclusion, and ESG initiatives, businesses must navigate the changing working landscape. By staying aware of new legislation and regulations, businesses can ensure compliance and support their employees in these challenging times.