Co-Chairs Introduction

Companies are facing challenges on many fronts as digitization (AI, robotics, new technologies) enables disruptive changes at a faster pace forcing major changes to business models (e.g. auto industry producing electric cars).

These challenges require greater efficiencies and process improvements to the cost base. In turn this also drives different requirements for talent and skills in the work force, and a higher expectation of flexibility to "work wherever and whenever" with "flexible bridging" to retirement.

HR is expected to overcome such challenges by implementing new work processes such as agile working, flexible working time systems in compliance with working time regulations, a flexible working place, or dissolution of traditional hierarchies and departments.

This requires repositioning the workforce with training to fit new demands, adjusting full-time equivalent (FTE) capacity, or bringing in new skills (by being an attractive employer) while identifying employees who are not suitable or fit for new requirements.

This panel will discuss common themes to manage transformation in three main areas:

- Change management
- Tools for implementing change
- Employee representatives

Moderator
Thomas Winzer, Partner, Gleiss Lutz, Germany

Speakers
Alvaro Galli, Partner, Beccar Varela, Argentina
Susan Henderson, Head of International Labour & Employment, GE, UK
Jennifer Redmond, Partner, Sheppard Mullin, USA
Richard Searle, Head of Employment Law Group, Western Union, UK

The Gig Economy

The term “gig” originated as slang for “work” in the music industry about one hundred years ago but became popularized as the “gig economy” about a decade ago after the financial crisis. 

But as temporary and flexible jobs become more common legal clarity still lags and public/political opinion can be polarised. This panel will discuss the following areas: 

Status of gig economy workers – such as categories of employment and classification of workers and their related employment contracts and protection.

Working time and pay for gig economy workers – such as identify working time for gig workers, paying per 'gig' rather than a salary or per hour, and where relevant ensuring a minimum wage is paid.

One-sided flexibility – such as on-demand (zero hour) contracts, the benefits and challenges that flexible jobs offer to companies and workers, and related legislative developments.

Moderator
Sian Keall, Partner, Travers Smith, UK

Speakers
Ignacio Garcia, Partner, Porzio Rios Garcia, Chile
Szymon Kubiak, Partner, Wardynski & Partners, Poland 
Naomi Oppenheim, Senior Legal Counsel, Activision Blizzard, UK
Tarun Tawakley, Head of Employment Law, Deliveroo, UK

Four generations in the workplace: issues and solutions

•    Recruitment and Promotion
     - Tips for best practice
     - Targeting the whole workforce

•    Managing the intergenerational workplace
     - Retaining engagement & loyalty of younger workers
     - Implementing and adapting flexible working procedures and policies
     - Managing mental health and well-being for the generations 
     - Education and training and the use of AI in the workplace
     - Dealing with conflicts between younger and older workers
     - Reverse and reciprocal mentoring  
     - The case for multi-generational teams 

•    Retirement
     - Mandatory retirement
     - Recent case law from various jurisdictions

Moderator
Catherine O’Flynn, Partner, William Fry, Ireland

Speakers
Yukiko Imazu, Partner, Anderson Mori, Japan
Oliver Loach, HR Director, Employment Law and Employee Relations, Mitie, UK
Holly Reid, Partner, Blakes, Canada 
Eleanor Taylor, Head of Legal, easyJet, UK

1st Roundtable Session
Venue: The Parliament Chamber and Queen’s rooms, The Middle Temple

#MeToo and beyond 

More than two years have passed since the #MeToo movement peaked in many countries. Since then, a lot of water has gone under the bridge. 
 
How the #MeToo movement was received and the impact it has had, differ from one country to another, as this is linked to the cultural and regulatory landscape of that particular country.  
 
In this session we will reflect on what impact the #MeToo has had, what changes it has led to, and what we as employment lawyers have learned during this process.  We will discuss:
 
•    The changes we have seen from different stake-holder perspectives. 
•    What impact has the #MeToo movement had in relation to employers, the attitude of the employees, and the
     regulators?
•    What has been the general perception of the essential topics as laid out in media? 
 
In particular, how have global companies approached these issues, given the regulatory and cultural differences in the markets where they operate?
 
For example, is there a difference in how some countries have embraced certain issues, due to established local laws before #MeToo occurred?

Co-Moderators
Anu Waaralina, Partner, Roschier, Finland 
Jenny Welander, Partner, Roschier, Sweden  

Different approaches to working time/ECJ decision

The ECJ (European Court of Justice) Judgment of 14 May 2019 (Case C-55/18) ruled that employers are required to set up a system to measure the duration of time worked each day by each worker. This roundtable will discuss how various jurisdictions in the EU as well as other non-EU countries are adapting to this ruling. Possible topics for discussion include:

•    Implications of the ECJ decision about recording working time.

•    General rule: Each employee needs to record working time. Is this really being applied?

•    Working time: What is the meaning of working time? What does it include?

•    What is the level of detail (number of hours, exact time, breaks, etc.)?

•    What kind of recording time systems are companies using?

•    What are the exemptions?

•    Consequences of non-compliance (e.g. reversal of burden of proof, penalties, etc.).

•    Consequences of wrongful recording (e.g. administrative sanctions, document fraud, etc.).

•    Risk of recording (evidence for non-compliance with working rules, overtime claims, etc.).

•    Consequences for companies (e.g. effective working time needs to be reduced, more staff needed, increase in costs,
      new staffing models in service sectors or industry, etc.).

•    Potential Workarounds.

Co-Moderators
Rafael Gimenez-Arnau, Partner, Garrigues, Spain
Ueli Sommer, Partner, Walder Wyss, Switzerland

Defending reputation in a media crisis

This is a scenario based session which is going to explore a whistleblowing issue and highlight the challenging conflict between legal issues, commercial risk and media pressure.  

It is going to be a collaborative session where we work through the difficult choices faced by a company as the scenario evolves.

In particular what to say to internal and external populations, when to say it and how this might be affected by other external pressures such as regulators/shareholders.

Co-Moderators
David Imison, Partner, Schillings, UK
Sian Keall, Partner, Travers Smith, UK
Annalisa Reale, Partner, Chiomenti, Italy

Big Brother works with you. Really? 

In 1948 George Orwell wrote the (now well-known) novel 1984, where he imagined the future as a world where everyone could be tracked at any time. 

Today, for many people living in developed countries, their reality is not far from what Orwell predicted. The difference is, such information gathering is mainly done by private companies.  

Where are we today, given that GDPR entered into force almost two years ago? This roundtable will consider the following topics for discussion:

•    What has been the impact and influence of GDPR?

•    Specific to the employment relationship, what is the status of background checks, access to premises and geolocation of
      employees?

•    Not all information deserves the same type of protection. What is the status of medical data, social media and criminal
     records?

Co-Moderators
Irina Anyukhina, Partner, ALRUD, Russia
Jerome Aubertin, Partner, Stibbe, Belgium

Employee Outsourcing: Lowering labour costs v. shielding liabilities 

Potential topics (note: a more detailed list of sub-topics will be in the handout at the table) and areas for discussion for this roundtable include:

•    Kinds of outsourcing arrangements. 
 
•    Outsourcing as a transfer of functional business unit-rebadging of employees.
 
•    Pointer on drafting of outsourcing agreements to avoid joint employer exposure.
 
•    Corporate compliance policy to set up precautionary measures aimed at preventing illegal external staff
     engagement (outsourcing) before it occurs.

•    European Banking Authority guidelines on outsourcing arrangements for financial institutions. 

Co-Moderators
Renato Canizare, Partner, Demarest, Brazil
Zilvinas Kvietkus, Partner, Cobalt, Lithuania
Anshul Prakash, Partner, Khaitan, India
Ricardo Vargas, Partner, Oller Abogados, Costa Rica 

Closing Dinner
Venue: The Parliament Chamber, The Middle Temple