Employment 2025

INTRODUCTION Contributed by: Tobias Pusch and Teresa Gabele, Pusch Wahlig Workplace Law

Introduction The Chambers Employment Guide 2025 introduces employment law matters across 45 jurisdictions. The Guide contains the latest legal information from around the globe on the main changes in employment law that have been enacted or decided in the past year, general remarks on employment contracts and conditions, non-compete and non-solicitation claus - es, the data privacy law, the employment of foreign workers, “new work”, the role of unions, termination of employment, employment disputes and dispute resolution. Employment Law People are at the core of every company’s potential for added value. They manage the ongoing business and develop innovations for future progress and growth. This is why the key component for success in any organisation is how its people work together. The way in which this co-operation is achieved and the frame - work within which organisations can shape it is regu - lated by employment law. Due to the relationship of superiority and subordination between employer and employee, the employer enjoys a considerable advan - tage within this framework. Employment law therefore acts as a balance between the contractual freedom of the parties on the one hand and the protection of employees on the other. To further redress the disparity between employer and employee, most jurisdictions provide for collective employment law in addition to individual employment law. Individual employment law deals with the legal relationship between the employer and the employee, while collective employment law deals with matters between employers or their coalitions (employers’ associations) and trade unions or co-determination bodies (eg, works councils). Further peculiarities arise in the event of disputes. In employment law, the economic interests of the par - ties are particularly important. Employers pursue eco - nomically calculated goals; employees rely on their employment relationship for their livelihood. In prac - tice, this often requires quick, pragmatic and interest- driven solutions. More than in almost any other field of law, negotiation skills are indispensable in order to

succeed in employment law and cannot be replaced by mere legal expertise. Global Employment Law Employment law is primarily national law – the scope of application of employment laws is determined by national boundaries. This leads to different practical implementations and regulations in different countries. One advantage of this is that the states concerned can individually adapt regulations to their requirements and structures. However, in a world where cross-border relationships, takeovers and international contracts have become common practice, this approach can also lead to difficulties, precisely because regulations are designed and applied individually by each country. It is therefore imperative for managers and HR staff not only to know the local employment law standards, but also to have a more general overview and to be aware of the standards in other countries. As an aftermath of the global COVID-19 crisis, com - panies recognised that there was less need than previously for a constant workforce in the office, and they became more receptive towards remote working arrangements. As a result, there has been a global trend towards more flexible working models. As employees strive to work flexibly around the globe, local employment laws are reaching their limits. At the same time, countries have been concerned with amending legislation to ensure the health and safety of employees taking advantage of these new possi - bilities. Current Developments Several current developments have influenced employment law globally in recent years and will con - tinue to do so in the future. Flexible work models Models such as working from home, mobile working, video conferences and desk sharing have been part of the modern world of work since the COVID-19 crisis at the latest. Along with new regulations come a variety of laws that aim to support a healthy work-life balance as the two areas become increasingly blurred. A good example can be found in Belgium, which has imple - mented a law which foresees the “right to disconnect from work”.

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