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Employment & Industrial Relations Employment & Industrial Relations Law Newsletter of the International Bar Association Legal Practice Division VOL 26 NO 2 SEPTEMBER 2016 IN THIS ISSUE Newsletter Editors From the Co-Chairs 4 Mercedes Balado Bevilacqua MBB Balado Bevilacqua, Buenos Aires From the Co-Editors 5 [email protected] Aoife Bradley Committee officers 7 LK Shields Solicitors, Dublin [email protected] IBA Annual Conference Washington, DC, 18–23 September: Luca Massimo Failla Our committee’s sessions 8 LABLAW Studio Legale, Milan [email protected] Articles Rebecca Ford United States immigration options for employing Clyde & Co, Dubai lower-skilled foreign workers 10 [email protected] Employment law challenges facing startup companies 13 International Bar Association Tel: +44 (0)20 7842 0090 www.ibanet.org Providing healthcare benefits in the United States: the affordable care act 16 © International Bar Association 2016. All rights reserved. No part of this publication may be reproduced New technology and work: robotics and its positive/ or transmitted in any form or by any means, or stored in any retrieval system of any nature without the prior permission of the negative impact on the labour force 20 copyright holder. Application for permission should be made to the Director of Content at the IBA address. Facing change – regulation and technology 23 Terms and Conditions for submission of articles The On-Demand economy and the impact on 1. Articles for inclusion in the newsletter should be sent to the Newsletter Editor. employment law 25 2. The article must be the original work of the author, must not have been previously published, and must not currently be under consideration by another journal. If it contains material which is someone else’s copyright, the unrestricted permission New technology and new forms of atypical work: of the copyright owner must be obtained and evidence of this submitted with ‘crowdsourcing’ and the challenges and risks for the article and the material should be clearly identified and acknowledged within the text. The article shall not, to the best of the author’s knowledge, contain multinationals 28 anything which is libellous, illegal, or infringes anyone’s copyright or other rights. 3. Copyright shall be assigned to the IBA and the IBA will have the exclusive right New technologies: corporate fraud and embezzlement to first publication, both to reproduce and/or distribute an article (including the abstract) ourselves throughout the world in printed, electronic or any other – corporate whistleblowing policies 31 medium, and to authorise others (including Reproduction Rights Organisations such as the Copyright Licensing Agency and the Copyright Clearance Center) New technology and work: robotics and its positive/ to do the same. Following first publication, such publishing rights shall be non- exclusive, except that publication in another journal will require permission from negative impact on the labour force 34 and acknowledgment of the IBA. Such permission may be obtained from the Director of Content at [email protected]. What are the employment law challenges faced 4. The rights of the author will be respected, the name of the author will always be clearly associated with the article and, except for necessary editorial changes, no by startup companies from conception to global substantial alteration to the article will be made without consulting the author. growth? 36 Robots in the workplace – Indian employment law This newsletter is intended to provide general information implications 39 regarding recent developments in employment and industrial relations law. The views expressed are not New technology: remote employment and cross- necessarily those of the International Bar Association. border employers’ compliance with the duty to provide a safe working environment, multinational risk and compliance with immigration rules 41 ADVERTISING Should you wish to advertise in the next issue of Proposed Equal Pay Act may complicate this newsletter, please contact the IBA Advertising remuneration issues 46 Department: [email protected] Printed in the United Kingdom by Hobbs the Printers Ltd Totton, Hampshire SO40 3WX www.hobbs.uk.com EMPLOYMENT & INDUSTRIAL RELATIONS LAW SEPTEMBER 2016 3 FROM THE CHAIR Johan Lubbe Littler Mendelson PC, Committee conferences New York [email protected] am very pleased to submit our second In addition to the above six sessions, our newsletter to the members of the Committee will also participate in three I Employment and Industrial Relations Law panels that examine refugees and workplace Committee since I assumed the role as Chair law, the employment of middle and low- in January 2016. skilled workers (including plumbers and This newsletter follows the very successful nannies), and also discrimination against two-day Employment and Discrimination Law ‘irregular staffers’. Conference that we held in Mexico City in Finally, we welcome the members of April 2016 in partnership with the members the following committees who graciously of the Discrimination and Equality Law agreed to join us as co-moderators, speakers Committee. The conference was attended or gave a valuable hand in planning our by approximately 300 members representing sessions: the Anti-Corruption Committee, the 42 countries. I again extend our gratitude Discrimination and Equality Law Committee, to our Former Chair Oscar de la Vega and and the Immigration and Nationality Law his charming wife Gabby for acting as local Committee (acting as co-moderators); the Conference Chairs. Banking Law Committee, the Closely Held and Based on feedback we received from Growing Business Enterprises Committee, and attendees, our conference in Mexico City the Taxes Committee (sourcing knowledgeable was successful, in part, because the sessions speakers); and the Technology Law Committee addressed cutting-edge workplace law issues. for excellent suggestions regarding planning of Building on this tradition, we will be closely our sessions. We value the contributions of all examining the impact of technology in the other committees. the workplace. To that end, each of the six Beside our sessions at the Annual sessions we will lead at Washington, DC will Conference in Washington, DC, we have explore and debate how technology affects chosen locations for our two-day conferences employee relations, drives the creation of over the next three years. In 2017, we will new forms of work, and also creates new meet in Lisbon, Portugal on 27–28 April. We compliance challenges. The theme of will then cross back over the Atlantic to meet technology is, therefore, central to each of the in Montréal, Québec in 2018. And in 2019, we following panel topics: will meet in the City of Light, Paris, France. • Technology stimulating job growth: the hiring Please make a note of these upcoming and other employment challenges of start- conferences in your diaries. We look forward ups in the high-tech sector; to seeing you at each of them. • Enabling technology and defeating devices I am also pleased to inform you as members technology, crooks and whistleblowers. that the our committee officers met in Mexico The employer’s dilemma of alienating or City prior to the two-day conference for a embracing whistleblowers; planning retreat. We met effectively for about • New technology and work – robotics and how ten hours to examine and discuss the value it affects the (shrinking) remaining human proposition we offer to our members. We being at the workplace; examined the quality of panel presentations • New technology and new forms of atypical at conferences, discussed increasing work, including ‘crowdsourcing’: challenges diversity among our speakers, and discussed and risks for multinationals; extending opportunities for our members to • New technology and its impact on the participate in activities. Following our fruitful financial services industry – new challenges meeting, we are now working on extending for employers; and and improving communication platforms • New technology, remote employment for members, and potentially establishing relationships and the cross-border duty of subcommittees that will focus on specialised care obligations of multinational employers. topics such as executive compensation The thought-provoking articles in this edition and benefits and cross-border internal of our newsletter help prepare us for our investigations. We will keep you informed debates at the Annual Conference. about our action plan. 4 INTERNATIONAL BAR ASSOCIATION LEGAL PRACTICE DIVISION FROM THE CO-EDITORS I extend a warm word of gratitude to our dedication and hard work in preparing for trio of Editors consisting of Co-Editors, Aoife our upcoming conferences, participating Bradley and Rebecca Ford, with Mercedes in regular teleconferences, and attending Balado Bevilacqua as our Senior Newsletter and contributing at the planning retreat. My Editor for producing this quality newsletter. special gratitude is also extended to each Officer Luca Failla has the oversight of our members who continue to submit responsibility for the newsletter, and I also excellent contributions for our newsletter thank him for his leadership. and attend our conferences. Without you, the Finally, a special thank you to each committee would not exist. Thank you. of the officers of the Employment and I look forward to seeing you all in Industrial Relations Law Committee for their Washington, DC! Luca Massimo Failla LABLAW Studio Legale, Welcome to Washington, DC Milan [email protected]
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