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2 October 20233 minute read

Be Global: Employment law in 5

5 developments to read for September in less than 5 minutes
Non-competes: Top issues and strategies for global employers

Employers around the world rely on restraints in employment agreements to protect their investments in IP, talent, and customer relationships. These provisions typically prohibit employees from engaging in activities that compete directly or indirectly with the business activities of their employer during, and for a specified duration after, employment. Local laws vary widely, however, making it critical for employers to take care when assessing and implementing non-competes for their global workforce.

Read more about how global employers can ensure compliance with diverse constraints while protecting their business.

 

Monitor: Changes to discrimination laws

Implementation of new discrimination laws continues to be a significant global theme. The Singapore Government is to strengthen protection against workplace discrimination giving employees in Singapore a direct legal remedy against an employer for discriminatory practices for the first time. In New Zealand, a bill to make gender identity and variation of sex characteristics a prohibited ground of discrimination is expected to be in force before the end of 2023. Meanwhile, employers in New York City are to be prohibited from discriminating against applicants or employees based on their weight and height. Finally, in Australia, the Human Rights Commission has published Guidelines for Complying with the Positive Duty to eliminate sexual harassment and sex discrimination which the Commission will begin to enforce from December 2023.

 

USA focus: Illinois is the latest state to require pay transparency in job postings

Illinois became the latest state to enact a law requiring pay transparency in job postings (with bills in other US states and cities pending or awaiting signature). Illinois’ law will take effect in 2025 and require employers with 15 or more employees to disclose pay scales and benefits in job postings. It also requires employers to announce and post all promotion opportunities to current employees within 14 business days of posting the job externally.

Meanwhile, New York State’s law took effect on 17 September 2023, and the state labour department published proposed regulations that seek to clarify requirements under the new law.

See our Gender Pay Transparency guide for more information on laws around the world.

 

Increasing regulation: Right to disconnect

Luxembourg has become the latest country to implement “right to disconnect” laws – a topic where legislative intervention is undoubtedly on the increase across the world. In July 2023, laws came into force to amend the Luxembourg Labour Code to include a procedure for enforcement of the right to disconnect and to add the right to the list of subjects that must be covered by a collective bargaining agreement. Click here to find out more.

 

Attend: International employment law events

Our international training courses are designed for international in-house lawyers, HR professionals and people managers responsible for providing employment law or HR support. Click here for information about events taking place in London during October and November 2023. Separately, on 10 October 2023, our Middle East team are hosting a breakfast seminar to provide an overview of the new Oman Labour Law and the new Oman Social Protection Law. For more information click here.

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