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When reports come in through whistleblowing channels or concerns about employee conduct otherwise arise, a recurring issue has been whether internal investigations must consider the principles of criminal procedural law. In a recent decision, the Federal Supreme Court held that this was not the case and confirmed a reasonable balance between the obligations of employers and the rights of employees provided for by Swiss law.

With the recent updates from the Labor Department re. the Pay Transparency Report (for companies with 100 or more employees), our Employment and Compensation Group has produced an infographic with the main points of attention related to the topic.

Investigations are an essential tool for ensuring a company’s ethical standards are being followed by employees, business partners, and any others with whom the company interacts. However, investigations are also an essential tool for demonstrating and maintaining strong corporate governance – an integral part of a company’s ESG commitments and strategy. It is also a good time to set yourself some goals and resolutions. To help you on your way, we are pleased to share our top 5 Lunar New Year Resolutions for handling Internal or Government Investigations

In Ukraine, employee job titles should be named exclusively in accordance with the national classifier DK 003:2010 “Classifier of Professions”. The Order of the Ministry of Economy of Ukraine No. 1410 dated 16 January 2024 approved amendments to this Classifier, which complement the list of professions in accordance with the current demands of employers operating in international markets.

In this episode of FInsight: The Global Financial Institutions Industry Podcast, Blair Robinson (Partner, New York) and Lorren Martin (Senior Associate, London) discuss how financial institutions are navigating issues around inclusion, diversity and equity (ID&E) on both sides of the Atlantic and globally, with Rachel Farr (Senior Knowledge Lawyer, London).

The Ministry of Women and Vulnerable Populations has opened a new call to participate in the certification process “Safe company, free of violence and discrimination against women”.
This certification recognizes companies with the best practices in terms of gender equality in employment and grants them benefits in transactions with the state.
Companies have until 30 April 2024 to register and participate in this new edition of the certification process.

Last fall California doubled-down on the state’s hostility to noncompete agreements. Assembly Bill 1076 codified the landmark 2008 Edward v. Arthur Andersen decision that invalidated all employment noncompetes, including narrowly tailored ones, unless they satisfy a statutory exception. AB 1076 also added new Business & Professions Code §16600.1, requiring California employers to notify current (and certain former) employees that any noncompete agreement or clause to which they may be subject is void (unless it falls within one of the limited statutory exceptions).

The Employment Appeal Tribunal held that a single redundancy required some form of wider workforce consultation, and that this should be the norm for all individual redundancy exercises. Nevertheless, taking into account the facts of this case and long-established case law and rules on collective consultation, we consider that the main point is that consultation takes place with affected employee(s) at a time when it could make a difference.

The Labor Standards Act (LSA) includes a deemed working time system for discretionary work under which the working hours of employees engaged in certain duties can be predetermined rather than calculated on the basis of their actual working time. The Ordinance for Enforcement of the Labor Standards Act and a government notification detail the scope of the duties to which the Discretionary Work System can be applied and the relevant procedures.