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In Indonesia

Indonesia: The new Job Creation Government Regulation in lieu of Law

by , , , and 8 Mins Read

The Government of Indonesia issued Government Regulation in lieu of Law No. 2 of 2022 on Job Creation on 30 December 2022 (“Job Creation GRL”). This opens the second act of the Omnibus Law following the scrutiny by the Constitutional Court of the formalities in the creation of the original Job Creation Law which was issued in 2020. Content-wise, the 1,117-page Job Creation GRL is a non-identical twin sibling of the original Job Creation Law with substantive changes on halal certification, employment, taxation, and regional government as well as some non-substantive changes in other sectors such as water resources.

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In Antitrust / Competition

United States: Federal Trade Commission takes on employer non-compete clauses

by , , and 3 Mins Read

On 5 January 2023, the Federal Trade Commission voted 3-1 to propose a new rule that would significantly restrict the use of non-compete clauses between employers and employees. The FTC’s proposed rule represents the FTC’s first foray into Section 5 competition rulemaking under Chair Lina Khan. The proposed rule follows a set of enforcement actions taken by the FTC against non-compete covenants in certain employer contracts.

In Employment

China: Employment Newsletter | January 2023

by , and 1 Min Read

The newly amended Law on the Protection of the Rights and Interests of Women takes effect on 1 January 2023; Shanghai amends rules related to parental leave; the Supreme People’s Court issues a guiding case on how employers should handle sexual harassment in the workplace; an employee’s unsupported accusation of sexual harassment could constitute infringement of the right to reputation; the first equal opportunity case judgment in Guangdong Province is issued; and a Guangzhou court rules that a company’s internal disclosure of an employees’ information violates their privacy.

In Employment

Europe: Industrial Action in Europe: What employers need to know now (Webinar)

by , , , , and 1 Min Read

Industrial action is on the rise throughout Europe; in this webinar we looked at the differences and similarities in the industrial action process across France, Germany, Italy, Spain, the Netherlands, Poland and the UK, the potential legal remedies in each jurisdiction and the practical steps employers can take to keep the business running.

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In ESG

United Kingdom: Greater scrutiny of equal pay: financial services employers should be vigilant

by , and 2 Mins Read

Equal pay for men and women has been enshrined in UK law since 1970. Since then, and particularly since the turn of the century, equal pay claims have tended to take the form of mass claims in the public and retail sectors. In recent years, however, there has been renewed focus on individual equal pay claims. We expect that the Financial Conduct Authority will step up its scrutiny of equal pay and remuneration policies.

In Employment

United Kingdom: COT3 settlement agreement covered claim of helping a subsidiary victimise former employee

by , and 2 Mins Read

The Court of Appeal has confirmed that an Acas-negotiated COT3 settlement agreement covered an individual’s claim that his former employer had knowingly helped a subsidiary unlawfully victimize him when the subsidiary rejected his job application. This situation was covered by the COT3’s express terms settling claims that indirectly arose in connection with his employment.

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