- in United States
- within Wealth Management, Cannabis & Hemp and Technology topic(s)
- with Senior Company Executives, HR and Inhouse Counsel
- with readers working within the Technology industries
As the ongoing turmoil in the Persian Gulf has demonstrated, crises are, unfortunately, a recurring part of the business landscape.
In recent years, organisations around the world have faced numerous health, security, and other crises. Throughout these periods, workplaces have been required not only to continue operating, but also to support their employees as they navigate the challenges created by these events.
This article offers a high-level overview of the essential labour law, compliance, and governance measures that employers should consider implementing to be better prepared for current and future challenges.
Business Continuity Plan
Beyond the commercial aspects, a business continuity plan should map out which roles and functions are key to business continuation, and which must continue to operate physically on‑site (meaning remote engagement would be insufficient).
Where necessary, the plan can also address temporary and organised relocation of essential personnel, to ensure continued and uninterrupted operations.
In times of crisis, organisations naturally prioritise customer needs and business continuity. While this is understandable and necessary, it is equally important not to overlook the needs of your workforce. Employees are also going through the crisis, facing unique personal and professional challenges that require attention and support.
Moreover, employee satisfaction directly impacts customer service; if your workforce is not well-supported, service quality will inevitably suffer.
Understanding the Legal Framework
Employers should be familiar with the legal provisions that apply during declared emergencies. Beyond permanent legislation, each crisis typically triggers temporary and situation-specific legislation and regulations that change frequently. Familiarity with these provisions is important not only for managing the current crisis, but also for preparing for future ones. Experience shows that temporary measures often build on solutions developed during previous emergencies.
The following policies are particularly valuable during any crisis. We recommend ensuring these are in place before an emergency occurs:
- Remote Work Policy: A clear policy governing remote work arrangements, including whether employees may work from outside the country.
- Employee Monitoring Policy: Under data protection law in many countries, employers who wish to monitor employee activities while using company systems (including during remote work) must have appropriate policies and obtain necessary consents. Having this framework in place before a crisis avoids compliance issues when remote work becomes necessary.
- Social Media Policy: During times of crisis, employees may be inclined to express personal opinions on social media platforms that could affect workplace and business relationships as well as company reputation. A well-drafted social media policy, compliant with the law (including freedom of expression considerations and privacy rights), can help set clear expectations while respecting employee rights.
- Temporary rules and flexibility: Any temporary changes to policies or employment terms during a crisis should be clearly designated as temporary and conditional. Once the crisis ends, employers should revert to standard practices to avoid unintentionally creating permanent contractual changes or establishing new workplace customs.
At the conclusion of a crisis, after taking time to recover, it is important to reflect and plan for the next one. Conducting lessons-learned sessions after a crisis can significantly improve your organisation’s preparedness for future challenges.
Areas to review include:
- Policy Updates: Review and update existing policies or develop new ones based on lessons learned during the crisis.
- Business Continuity Plan Enhancement: Refine your business continuity plan based on real-world experience from the recent crisis.
- Employee Engagement Activities: Consider organising activities to help employees return to work with renewed energy and to strengthen team cohesion after a difficult period.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]