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Newsletter April, 2024

USA: Stop WOKE law enforcement blocked

April, 2024
  • In a recent decision, the Eleventh Circuit Court of Appeals addressed Florida's controversial "Stop WOKE" Act, which sought to limit mandatory employer-led training on topics deemed objectionable by the state, specifically those related to discrimination, diversity, equity, and inclusion.
  • The court's ruling struck down these provisions, emphasising the paramount importance of the First Amendment and its protections against content and viewpoint discrimination.
  • This decision reaffirms employers' right to conduct mandatory training sessions on a wide range of topics, including sensitive issues surrounding diversity and inclusion, without fear of punitive action from the state.

Singapore: Decision on post-employment restraints

April, 2024
  • In the judgment of Shopee Singapore Pte Ltd v. Lim Teck Yong [2024] SGHC 29, the High Court of Singapore explored the balance between enforcing restrictive covenants in employment contracts and preserving an individual's right to work.
  • The judgment critically examines the enforceability of non-competition and non-solicitation clauses, underscoring the necessity for these covenants to protect legitimate business interests without overly restricting the employee's future employment opportunities.

Africa: White paper on Artificial Intelligence in migrant population

April, 2024
  • Talenteum, the HR Fintech Startup that matches Talents from Africa willing to work remotely with international companies, recently published a white paper highlighting AI's crucial role in recognising migrant skills and fostering digital inclusion.
  • According to the paper, the effective use of AI in integrating migrant talent presents a unique opportunity to enhance workforce diversity, drive innovation, and promote social responsibility.
  • The presented challenges and solutions offer a roadmap to more effectively leveraging migrant talent, ensuring that businesses remain competitive and socially responsible in a rapidly evolving digital economy.

European Union: Council confirms agreement on platform workers

April, 2024
  • On 11 March 2024, European Union (EU) employment and social affairs ministers confirmed the provisional agreement on the platform work directive reached on 8 February 2024 between the Council's presidency and the European Parliament's negotiators.
  • The agreement sets a precedent for regulating algorithmic management and ensuring fair labour practices in the digital labour market.

ILO: Meeting of Experts on Wage Policies concluded

April, 2024
  • The International Labour Organization (ILO) achieved a landmark agreement on living wages during its Meeting of Experts on wage policies in Geneve last February. 
  • On 13 March 2024, the ILO’s Governing Body endorsed the agreement. 
  • It emphasises the role of social dialogue and collective bargaining in achieving living wages, advocating for wage-setting processes that reflect ILO principles, the diverse needs of workers, and economic realities.
Newsletter March, 2024

Italy: The Data Protection Authority provides important guidance on the retention of company e-mail data

March, 2024
  • Data Protection Authority's (DPA) Guidance Document no. 642, published on 21 December 2023 and highlighted in their 6 February 2024 newsletter, introduced new guidelines on workplace email management. 
  • Employers in the public and private sectors who leverage computer programmes and cloud-based services to manage employee emails are now restricted to retaining the metadata of these emails for a maximum of seven days. An extension of up to 48 hours may be granted in cases of proven necessity. 
  • It poses potential challenges for companies in terms of compliance and operational flexibility.

UK: comparison between GPT-4 and Human Respondents for Occupational Evaluation (an ILO paper)

March, 2024
  • ILO recently published a new report that offers valuable insights into how advanced artificial intelligence (AI), exemplified by GPT-4, compares with human judgment in evaluating occupational roles within the UK labour market.
  • It explores the perceptions and attitudes of workers towards integrating AI technologies like GPT-4 into their professional environments and forecasts potential shifts in the labour market influenced by the adoption of AI technologies.

Spain: First Social Dialogue roundtable to address equality and discrimination against LGTBI in the workplace

March, 2024
  • Spain's Ministry of Labour and Social Economy has initiated tripartite negotiations involving government, labour unions and employer organizations to implement measures for real and effective LGBTI equality in the workplace.
  • The negotiations aim to give effectiveness to Law 4/2023, which mandates companies with over 50 employees to adopt specific measures and resources for LGBTI equality, including protocols for addressing harassment or violence.

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