@raishin/vanguard-frontier-agentic 2.0.1 → 2.2.0

package/skills/hr/hr-risk-triage-review/references/jurisdictions/eu.md

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+# EU Employment Law — Jurisdiction Reference Map
+
+> **Review map only.** This file describes the structure of the EU employment-law regime and where to verify requirements. EU directives set minimum standards; each member state implements them through national legislation that may impose more protective rules. This file is not legal advice, may be out of date, and must be verified against current official sources and applicable national law. Jurisdiction-specific conclusions require qualified local employment counsel in each member state.
+
+Last verified: 2026-05-18
+
+---
+
+## Regime overview
+
+EU employment law operates through directives that harmonize minimum standards across member states. Directives bind member states to achieve a result but leave implementation form to national law — meaning the practical obligations an employer faces depend on how the relevant member state has transposed each directive, which may be more stringent than the directive floor. The reviewer must identify the specific member state(s) and verify national implementing legislation; EU directive citations alone are insufficient for operational conclusions.
+
+The regime covers: anti-discrimination and equal treatment, collective redundancy and works-council consultation, transfer of undertakings (TUPE-equivalent), working time, data protection (GDPR), fixed-term and part-time work, transparent and predictable working conditions, and posted workers. Social dialogue through European Works Councils applies to EU-scale undertakings meeting specific thresholds.
+
+---
+
+## Primary regulators and bodies
+
+| Body | Role | Official source |
+|---|---|---|
+| European Commission — DG EMPL | Proposes and monitors employment directives | https://employment-social-affairs.ec.europa.eu |
+| National labor courts / tribunals | Primary enforcement forum (varies by member state) | Verify per member state |
+| National labor inspectorates | Wage, working-time, and safety enforcement | Verify per member state |
+| European Data Protection Board (EDPB) | GDPR enforcement coordination including employment data | https://www.edpb.europa.eu |
+| National data protection authorities (DPAs) | Primary GDPR enforcement | Verify per member state |
+| European Works Councils (where constituted) | Transnational information and consultation | https://employment-social-affairs.ec.europa.eu/policies-and-activities/rights-work/labour-law/employee-involvement_en |
+
+---
+
+## Primary directives and frameworks
+
+| Directive / regulation | Subject | Official source |
+|---|---|---|
+| Directive 2000/78/EC | Equal treatment in employment — religion, disability, age, sexual orientation | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32000L0078 |
+| Directive 2000/43/EC | Equal treatment — racial or ethnic origin | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32000L0043 |
+| Directive 2006/54/EC | Equal treatment — sex (employment and occupation) | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32006L0054 |
+| Directive 98/59/EC | Collective redundancies — information and consultation | https://eur-lex.europa.eu/eli/dir/1998/59/oj/eng |
+| Directive 2001/23/EC | Transfer of undertakings (TUPE-equivalent) | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32001L0023 |
+| Directive 2003/88/EC | Working time — rest periods, night work, annual leave | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32003L0088 |
+| Regulation 2016/679 (GDPR) | Personal data processing — includes employment data (Article 88, Recital 155) | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0679 |
+| Directive 2019/1152 | Transparent and predictable working conditions | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32019L1152 |
+| Directive 2002/14/EC | General framework for information and consultation of employees | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32002L0014 |
+| Directive 94/45/EC (as recast 2009/38/EC) | European Works Councils | https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32009L0038 |
+
+---
+
+## Structural review checkpoints
+
+**Anti-discrimination**
+- Directive 2000/78/EC prohibits direct and indirect discrimination, harassment, and instructions to discriminate on grounds of religion or belief, disability, age, and sexual orientation. Directive 2000/43/EC covers race/ethnicity. Directive 2006/54/EC covers sex.
+- Reasonable accommodation for disability is required unless it imposes a disproportionate burden — verify how the applicable member state has implemented this duty.
+- The burden of proof shifts to the employer once a claimant establishes facts from which discrimination may be presumed — confirm this applies in the relevant member state.
+
+**Collective redundancy consultation**
+- Directive 98/59/EC requires employers to consult workers' representatives "in good time" before making collective redundancies, with the aim of reaching agreement. Thresholds triggering the obligation vary — the directive sets minimum thresholds based on establishment size, but member states may set lower thresholds. Verify the applicable national implementing law; do not state specific figures without verifying the national law.
+- The consultation must cover means of avoiding redundancies, reducing numbers, and mitigating consequences. Notification to the competent national authority is required.
+
+**Works councils and information/consultation**
+- Directive 2002/14/EC requires information and consultation in enterprises with 50+ employees (or establishments with 20+, depending on member state implementation) for significant changes — verify the applicable national threshold and scope.
+- European Works Councils (EWCs) apply to EU-scale undertakings with 1,000+ employees in EU member states and 150+ in each of at least two member states. EWCs must be informed and consulted on transnational matters before decisions are made — verify at https://employment-social-affairs.ec.europa.eu.
+
+**Transfer of undertakings**
+- Directive 2001/23/EC requires employee terms and conditions to transfer automatically on a relevant transfer; dismissal solely by reason of the transfer is automatically invalid. Verify how the member state implements the economic entity test.
+
+**Working time**
+- Directive 2003/88/EC sets minimum daily rest, weekly rest, and annual leave entitlements. Member states implement specific minimums — verify national law for the applicable state.
+
+**GDPR and employment data**
+- Article 88 GDPR allows member states to provide more specific rules for employment data processing. Recital 155 acknowledges member-state competence in employment-law data rules.
+- Processing special-category data (health, ethnic origin, union membership, biometrics) requires explicit legal basis — typically explicit consent (unreliable in employment contexts per EDPB guidance) or a specific national law under Article 9(2)(b).
+- Monitoring, surveillance, and investigation activities involving employee data require a lawful basis and data-minimization compliance. Verify the applicable national DPA guidance.
+
+**Fixed-term and contractor workers**
+- Directive 1999/70/EC (Fixed-term Work Directive) prevents less-favorable treatment of fixed-term workers and limits successive fixed-term contracts — verify national implementing rules.
+- Independent-contractor classification: no uniform EU standard. Each member state applies its own employment-status test. Misclassification exposure must be assessed per member state.
+
+---
+
+## Escalation triggers (EU-specific)
+
+- Any proposed collective redundancy — verify consultation obligation and national authority notification requirement before finalizing.
+- Any business transfer or outsourcing in scope of Directive 2001/23/EC.
+- EWC or domestic works council in scope — consultation must precede the decision, not follow it.
+- Cross-border workforce: multiple member states in scope means multiple national laws simultaneously apply.
+- Processing special-category employee data, or implementing workforce monitoring systems.
+- Any action affecting employees who have raised a complaint, exercised a statutory right, or engaged in union activity.
+
+---
+
+## Sources
+
+- https://employment-social-affairs.ec.europa.eu — European Commission DG EMPL (confirmed via search 2026-05-18)
+- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex:32000L0078 — Directive 2000/78/EC (confirmed via search 2026-05-18)
+- https://eur-lex.europa.eu/eli/dir/1998/59/oj/eng — Directive 98/59/EC collective redundancies (confirmed via search 2026-05-18)
+- https://employment-social-affairs.ec.europa.eu/policies-and-activities/rights-work/labour-law/employee-involvement/collective-redundancies_en — EC collective redundancy guidance (confirmed via search 2026-05-18)
+- https://www.edpb.europa.eu — European Data Protection Board (confirmed via search 2026-05-18)
+- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016R0679 — GDPR (confirmed via search 2026-05-18)

package/skills/hr/hr-risk-triage-review/references/jurisdictions/singapore.md

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+# Singapore Employment Law — Jurisdiction Reference Map
+
+> **Review map only.** This file describes the structure of the Singapore employment-law regime and where to verify requirements. It is not legal advice, may be out of date, and must be verified against current official sources. Jurisdiction-specific conclusions require qualified Singapore employment counsel.
+
+Last verified: 2026-05-18
+
+---
+
+## Regime overview
+
+Singapore's employment-law regime is anchored in the Employment Act (administered by the Ministry of Manpower, MOM) and a tripartite model involving MOM, the National Trades Union Congress (NTUC), and the Singapore National Employers Federation (SNEF). The Tripartite Guidelines on Fair Employment Practices (TGFEP), administered by the Tripartite Alliance for Fair and Progressive Employment Practices (TAFEP), set the standard for merit-based, non-discriminatory hiring and management. Singapore does not have a statutory unfair-dismissal regime equivalent to UK or Australian law; instead, protection against wrongful dismissal is built into the Employment Act, with dispute resolution primarily through the Tripartite Alliance for Dispute Management (TADM) and the Employment Claims Tribunal (ECT).
+
+The Workplace Fairness Act (WFA), legislated in 2024, codifies protections against workplace discrimination — verify its current implementation status and effective date with MOM before assuming it is fully in force.
+
+---
+
+## Primary regulators and bodies
+
+| Body | Role | Official source |
+|---|---|---|
+| Ministry of Manpower (MOM) | Employment Act administration, work-pass system, workplace safety oversight | https://www.mom.gov.sg/employment-practices |
+| Tripartite Alliance for Dispute Management (TADM) | Employment dispute mediation; wrongful-dismissal claims | https://www.tal.sg/tadm |
+| Employment Claims Tribunal (ECT) | Adjudication of salary and wrongful-dismissal disputes | https://www.judiciary.gov.sg/civil/employment-claims-tribunal |
+| TAFEP (Tripartite Alliance for Fair and Progressive Employment Practices) | Fair-employment-practices guidance and enforcement referrals | https://www.tal.sg/tafep |
+| Workplace Safety and Health (WSH) Council | Workplace safety and health regulation | https://www.wsh.gov.sg |
+| Personal Data Protection Commission (PDPC) | Personal Data Protection Act (PDPA) enforcement | https://www.pdpc.gov.sg |
+
+---
+
+## Primary statutes and frameworks
+
+| Statute / framework | Subject | Official source |
+|---|---|---|
+| Employment Act (Cap. 91A) | Core employment terms, salary payment, termination, leave entitlements | https://www.mom.gov.sg/employment-practices/employment-act |
+| Workplace Fairness Act 2024 | Statutory prohibition of workplace discrimination (verify implementation status) | https://www.mom.gov.sg/employment-practices/good-work-practices/fair-employment-practices |
+| Tripartite Guidelines on Fair Employment Practices (TGFEP) | Merit-based hiring and management; all employers expected to adhere | https://www.tal.sg/tafep/getting-started/fair/tripartite-guidelines |
+| Employment of Foreign Manpower Act (EFMA) | Work-pass framework; employer obligations for foreign employees | https://www.mom.gov.sg/passes-and-permits |
+| Personal Data Protection Act (PDPA) | Collection, use, and disclosure of personal data | https://www.pdpc.gov.sg/overview-of-pdpa/the-legislation |
+| Workplace Safety and Health Act | Occupational safety and health obligations | https://www.mom.gov.sg/legislation/workplace-safety-and-health-act |
+| Industrial Relations Act | Collective bargaining; trade union recognition | https://www.mom.gov.sg/legislation/industrial-relations-act |
+
+---
+
+## Structural review checkpoints
+
+**Employment Act coverage**
+- The Employment Act applies to all employees in Singapore except certain categories (confirm exclusions against current MOM guidance — the scope has been extended in recent years and must be verified at https://www.mom.gov.sg/employment-practices/employment-act).
+- Key entitlements under the Act include: notice of termination or payment in lieu, annual leave, sick leave, maternity and paternity leave, public holiday entitlements, and salary payment obligations.
+
+**Termination**
+- Either party may terminate employment by giving the contractually or statutorily required notice period, or by paying salary in lieu. The Employment Act provides for termination without notice in cases of misconduct, subject to a fair inquiry process.
+- Wrongful dismissal: an employee who considers their dismissal wrongful may lodge a claim through TADM. Verify the current claim process and time limits at https://www.tal.sg/tadm.
+- For termination for misconduct, MOM guidance requires a fair inquiry to be conducted before dismissal — the reviewer should confirm whether a proper inquiry process was followed.
+
+**Fair employment practices (TGFEP)**
+- All employers in Singapore are expected to adhere to the TGFEP. The guidelines require that recruitment, selection, and employment decisions be based on merit (skills, experience, ability) regardless of age, race, gender, religion, marital status, family responsibilities, or disability.
+- Since 2013, MOM has taken enforcement action for TGFEP breaches, including suspension of work-pass privileges for employers who discriminate.
+- Verify the current enforcement framework, including the Workplace Fairness Act's codification of these protections, at https://www.tal.sg/tafep/workplace-fairness.
+
+**Leave entitlements**
+- Maternity leave, childcare leave, paternity leave, and adoption leave entitlements are set in the Employment Act and related statutes. Verify current entitlements at https://www.mom.gov.sg/employment-practices/leave-and-holidays.
+- A proposed adverse action against an employee who is pregnant, on maternity leave, or who has recently returned from protected leave is an escalation-grade risk under TGFEP and potentially the WFA.
+
+**Work passes and immigration**
+- Foreign employees require valid work passes (Employment Pass, S Pass, Work Permit, etc.) issued by MOM. Employing a foreign employee without a valid pass is a serious offence under the EFMA.
+- Any restructuring affecting foreign employees requires review of work-pass implications. A foreign employee whose employment is terminated typically must have their pass cancelled and may need to leave Singapore.
+- Verify current pass categories and employer obligations at https://www.mom.gov.sg/passes-and-permits.
+
+**Data protection (PDPA)**
+- The PDPA governs the collection, use, and disclosure of personal data in Singapore. Employee data collected for HR purposes must be used only for those purposes. Special attention applies to sensitive data (medical records, disciplinary files).
+- Verify current PDPA obligations with PDPC guidance at https://www.pdpc.gov.sg.
+
+**Collective and union matters**
+- Trade union recognition and collective bargaining are governed by the Industrial Relations Act. If a union represents the affected employee population, collective-bargaining agreement terms and Industrial Arbitration Court (IAC) procedures may apply.
+- Verify union coverage and CBA terms before proceeding with collective or individual disciplinary or retrenchment actions.
+
+**Retrenchment**
+- MOM expects employers to notify MOM if retrenching 10 or more employees within any 30-day period (for companies with 10 or more employees) — verify the current notification threshold and process at https://www.mom.gov.sg/employment-practices/retrenchment.
+- The Tripartite Advisory on Managing Excess Manpower and Responsible Retrenchment should be followed. Verify the current advisory at MOM's website.
+- Retrenchment benefits are not statutorily mandated for all employees, but tripartite advisories recommend payment — verify applicable practice and any CBA obligations.
+
+---
+
+## Escalation triggers (Singapore-specific)
+
+- Any termination for misconduct where a formal inquiry was not conducted.
+- Any adverse action affecting a pregnant employee, employee on protected leave, or an employee who has raised a TGFEP or WFA complaint.
+- Retrenchment of 10 or more employees within 30 days (MOM notification obligation — verify threshold).
+- Work-pass implications for any foreign employee in scope.
+- TGFEP or Workplace Fairness Act complaint filed or anticipated.
+- Any union recognition or collective-bargaining agreement in scope.
+
+---
+
+## Sources
+
+- https://www.mom.gov.sg/employment-practices — MOM employment practices hub (fetched 2026-05-18, resolved)
+- https://www.mom.gov.sg/employment-practices/termination-of-employment — MOM termination framework (fetched 2026-05-18, resolved)
+- https://www.tal.sg/tafep/getting-started/fair/tripartite-guidelines — TGFEP (confirmed via search 2026-05-18)
+- https://www.tal.sg/tafep — TAFEP (confirmed via search 2026-05-18)
+- https://www.tal.sg/tadm — TADM dispute management
+- https://www.pdpc.gov.sg — Personal Data Protection Commission

package/skills/hr/hr-risk-triage-review/references/jurisdictions/uk.md

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+# UK Employment Law — Jurisdiction Reference Map
+
+> **Review map only.** This file describes the structure of the employment-law regime in Great Britain (England, Scotland, and Wales). Northern Ireland has separate employment legislation administered by the Labour Relations Agency. This file is not legal advice, may be out of date, and must be verified against current official sources. Jurisdiction-specific conclusions require qualified UK employment counsel.
+
+Last verified: 2026-05-18
+
+---
+
+## Regime overview
+
+UK employment law is a statutory framework supplemented by ACAS codes of practice, employment tribunal case law, and contractual rights. Employment protections are primarily statutory; the key battleground is usually procedural fairness (following the ACAS Code and a fair process) alongside the substantive reason for the action. Since Brexit, EU directives no longer directly apply, though the body of retained EU-derived legislation continues to be operative unless expressly amended — verify current status of any EU-derived provision against legislation.gov.uk. The Employment Rights Act 2024 introduced significant changes including reforms to unfair dismissal; the reviewer must verify the current state of implementation against official sources.
+
+Employment status in the UK has three tiers: employee, worker, and self-employed/independent contractor. The protections available differ materially across the three. Confirming status is a threshold question.
+
+---
+
+## Primary regulators and bodies
+
+| Body | Role | Official source |
+|---|---|---|
+| ACAS (Advisory, Conciliation and Arbitration Service) | Codes of practice; pre-claim conciliation; guidance | https://www.acas.org.uk/advice |
+| Employment Tribunals | Primary forum for unfair dismissal, discrimination, wage, and other employment claims | https://www.gov.uk/employment-tribunals |
+| Employment Appeal Tribunal (EAT) | Appeals on points of law from Employment Tribunals | https://www.gov.uk/courts-tribunals/employment-appeal-tribunal |
+| Equality and Human Rights Commission (EHRC) | Equality Act 2010 enforcement and guidance | https://www.equalityhumanrights.com |
+| Health and Safety Executive (HSE) | Workplace health, safety, and wellbeing | https://www.hse.gov.uk |
+| ICO (Information Commissioner's Office) | UK GDPR and data protection enforcement | https://ico.org.uk |
+| HMRC | National minimum wage enforcement; employment status (tax/NICs) | https://www.gov.uk/government/organisations/hm-revenue-customs |
+
+---
+
+## Primary statutes and frameworks
+
+| Statute / framework | Subject | Official source |
+|---|---|---|
+| Employment Rights Act 1996 | Unfair dismissal, redundancy, written particulars, statutory rights | https://www.legislation.gov.uk/ukpga/1996/18 |
+| Equality Act 2010 | Discrimination, harassment, victimisation — nine protected characteristics | https://www.legislation.gov.uk/ukpga/2010/15 |
+| ACAS Code of Practice on Disciplinary and Grievance Procedures | Procedural fairness standard — tribunals adjust awards for non-compliance | https://www.acas.org.uk/acas-code-of-practice-for-disciplinary-and-grievance-procedures |
+| Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) | Employee rights on business transfers and service-provision changes | https://www.legislation.gov.uk/uksi/2006/246 |
+| Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA) | Collective redundancy consultation; trade union rights; industrial action | https://www.legislation.gov.uk/ukpga/1992/52 |
+| National Minimum Wage Act 1998 | Minimum wage entitlements (rates verified via gov.uk annually) | https://www.gov.uk/national-minimum-wage-rates |
+| Working Time Regulations 1998 | Working hours, rest, annual leave | https://www.legislation.gov.uk/uksi/1998/1833 |
+| UK GDPR / Data Protection Act 2018 | Personal data processing in employment | https://ico.org.uk/for-organisations/guide-to-data-protection |
+| Whistleblowing legislation (PIDA 1998 as amended) | Protected disclosures; detriment and dismissal protection | https://www.gov.uk/whistleblowing |
+| Employment Rights Act 2024 | Day-one unfair dismissal rights (implementation timetable — verify current status) | https://www.legislation.gov.uk/ukpga/2024/15 |
+
+---
+
+## Structural review checkpoints
+
+**Unfair dismissal**
+- Employees with the qualifying service period may claim unfair dismissal. The Employment Rights Act 2024 proposed day-one unfair dismissal rights — verify the current implementation status and effective date before assuming a qualifying period applies.
+- For a dismissal to be fair: (a) there must be a fair reason (conduct, capability, redundancy, statutory illegality, or some other substantial reason); and (b) the employer must have acted reasonably, including following a fair procedure consistent with the ACAS Code.
+- Failure to follow the ACAS Code may lead to an uplift in tribunal compensation of up to the percentage stated in the Code — verify the current figure at https://www.acas.org.uk.
+- Automatically unfair dismissal (no qualifying period required) includes: whistleblowing, asserting a statutory right, pregnancy/maternity, trade union activity, and others — verify the full list at https://www.acas.org.uk/dismissals/unfair-dismissal.
+
+**Protected characteristics (Equality Act 2010)**
+Nine protected characteristics: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation. Confirm which apply to the matter. Harassment and victimisation protections are separate heads of claim.
+
+**Procedural fairness (ACAS Code)**
+The ACAS Code of Practice requires: investigation, invitation to a hearing with notice, right to be accompanied (by a colleague or trade union representative), decision communicated in writing, and right of appeal. Failure at any step raises unfair dismissal risk and may result in a compensation uplift.
+
+**Redundancy**
+- Collective consultation (TULRCA s.188) is required when proposing to dismiss 20 or more employees at one establishment within 90 days. The minimum consultation period varies by the number of redundancies — verify the current statutory periods at https://www.gov.uk/staff-redundant/redundancy-consultations.
+- Notification to the Secretary of State (HR1 form) is required before collective redundancies. Verify at https://www.gov.uk/government/publications/redundancy-payments-hr1-advance-notification-of-redundancies.
+- Selection criteria for redundancy must be objective and consistently applied. Criteria that proxy for protected characteristics (e.g., last-in-first-out applied to a younger/female-skewed population) are discrimination risks.
+- Statutory redundancy pay entitlements apply — verify current rates at https://www.gov.uk/redundancy-your-rights.
+
+**TUPE**
+- Applies on a relevant transfer (business sale, outsourcing, re-tendering). Employees transfer with existing terms; dismissal for a TUPE-related reason is automatically unfair.
+- Employer and employee representatives must be informed and, where measures are envisaged, consulted before the transfer.
+
+**Data protection and investigations**
+- UK GDPR applies to processing employee personal data. Special-category data (health, ethnicity, union membership) requires explicit consent or another Schedule 2 condition under the DPA 2018 — verify with ICO guidance.
+- Workplace investigation records, medical information, and grievance files are personal data; their retention, access, and sharing must comply with UK GDPR.
+
+**Immigration and right to work**
+- Employers must conduct right-to-work checks before employment begins and at specified intervals for time-limited permissions. Employing someone without the right to work is a civil and potentially criminal offence. Verify current check requirements at https://www.gov.uk/check-job-applicant-right-to-work.
+
+---
+
+## Escalation triggers (UK-specific)
+
+- Any proposed dismissal of an employee who has raised a grievance, whistleblowing concern, or protected-characteristic complaint (automatic unfair dismissal risk).
+- Collective redundancy where 20+ dismissals at one establishment within 90 days may be in scope.
+- TUPE transfer or service-provision change in the transaction.
+- Disciplinary action where the ACAS Code has not been followed at any step.
+- Any proposed action affecting an employee on maternity leave, shared parental leave, or a fit note.
+- Day-one unfair dismissal provisions under ERA 2024 — verify current implementation status with employment counsel.
+- Any employment tribunal claim filed or ACAS early conciliation initiated.
+
+---
+
+## Sources
+
+- https://www.acas.org.uk/advice — ACAS advice hub (fetched 2026-05-18, resolved)
+- https://www.acas.org.uk/dismissals/unfair-dismissal — ACAS unfair dismissal guidance (fetched 2026-05-18, resolved)
+- https://www.acas.org.uk/disciplinary-procedure-step-by-step — ACAS disciplinary procedure (fetched 2026-05-18, resolved)
+- https://www.gov.uk/browse/working — GOV.UK working hub (fetched 2026-05-18, resolved)
+- https://www.legislation.gov.uk/ukpga/1996/18 — Employment Rights Act 1996 (confirmed via search 2026-05-18)
+- https://www.legislation.gov.uk/ukpga/2010/15 — Equality Act 2010 (confirmed via search 2026-05-18)

package/skills/hr/hr-risk-triage-review/references/jurisdictions/us.md

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+# US Employment Law — Jurisdiction Reference Map
+
+> **Review map only.** This file describes the structure of the US employment-law regime and where to verify requirements. It is not legal advice, may be out of date, and must be verified against current official sources. Jurisdiction-specific conclusions require qualified US employment counsel.
+
+Last verified: 2026-05-18
+
+---
+
+## Regime overview
+
+The US has a layered employment-law regime: federal floor statutes enforced by federal agencies, supplemented (and often exceeded) by state and local laws. Most private-sector employment is "at-will" — meaning either party may terminate for any lawful reason — but the at-will doctrine is heavily eroded by federal and state anti-discrimination statutes, contract rights, public-policy exceptions, and implied-covenant doctrines that vary by state. The reviewer must confirm the applicable state law; do not assume the federal floor is the only constraint.
+
+---
+
+## Primary regulators
+
+| Regulator | Jurisdiction | Official source |
+|---|---|---|
+| Equal Employment Opportunity Commission (EEOC) | Federal anti-discrimination enforcement | https://www.eeoc.gov/laws-guidance |
+| Department of Labor — Wage and Hour Division (WHD) | FLSA, FMLA, WARN, and other federal wage/leave laws | https://www.dol.gov/agencies/whd |
+| National Labor Relations Board (NLRB) | Private-sector collective bargaining and unfair labor practices | https://www.nlrb.gov/about-nlrb |
+| OSHA (DOL) | Workplace safety and anti-retaliation (whistleblower programs) | https://www.osha.gov/workers/file-complaint |
+| State labor agencies | Minimum wage, state discrimination, leave, and wage laws | Varies — verify for the specific state |
+| State attorneys general | State wage theft, discrimination, and consumer protection enforcement | Varies — verify for the specific state |
+
+---
+
+## Primary statutes and frameworks
+
+| Statute / framework | Coverage | Official source |
+|---|---|---|
+| Title VII of the Civil Rights Act of 1964 | Prohibits discrimination based on race, color, religion, sex, national origin | https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964 |
+| Americans with Disabilities Act (ADA) | Disability discrimination; reasonable accommodation duty | https://www.eeoc.gov/statutes/americans-disabilities-act-1990 |
+| Age Discrimination in Employment Act (ADEA) | Protects workers 40+ from age discrimination | https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967 |
+| Pregnancy Discrimination Act / PWFA | Sex discrimination including pregnancy, childbirth, related conditions | https://www.eeoc.gov/laws-guidance |
+| Fair Labor Standards Act (FLSA) | Minimum wage, overtime, child labor, recordkeeping | https://www.dol.gov/agencies/whd/flsa |
+| Family and Medical Leave Act (FMLA) | Unpaid protected leave for qualifying medical and family reasons | https://www.dol.gov/agencies/whd/fmla |
+| WARN Act | Advance notice for mass layoffs and plant closings (federal threshold) | https://www.dol.gov/agencies/eta/layoffs/warn |
+| National Labor Relations Act (NLRA) | Protected concerted activity; collective bargaining; unfair labor practices | https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act |
+| Title IX / VAWA (workplace context) | Sex-based harassment in contexts with federal funding | https://www.eeoc.gov/laws-guidance |
+| State equivalents | State anti-discrimination, leave, wage, and WARN-equivalent statutes | Verify with state agency for the applicable state |
+
+---
+
+## Structural review checkpoints
+
+**At-will vs. statutory protection**
+- Confirm whether employment is at-will in the applicable state and whether any contract, offer letter, handbook, or CBA modifies at-will status.
+- Identify all protected classes under federal law (race, color, religion, sex, national origin, age 40+, disability, genetic information) and additional protected classes under applicable state or local law — which frequently expand the federal list.
+- Verify whether any public-policy or implied-covenant exception to at-will applies in the state.
+
+**Notice and consultation duties**
+- Federal WARN Act applies to employers with 100 or more full-time employees for qualifying mass layoffs or plant closings. Verify the headcount threshold and the triggering layoff size against the current statutory text and WHD guidance — do not rely on memory for specific numbers.
+- Many states have mini-WARN statutes with lower headcount thresholds and longer notice periods. Verify against the applicable state law.
+- Reviewer should confirm current thresholds at https://www.dol.gov/agencies/eta/layoffs/warn and the relevant state labor agency.
+
+**Anti-discrimination grounds**
+- Federal protected classes: race, color, religion, sex (including pregnancy, sexual orientation per Bostock v. Clayton County, gender identity), national origin, age (40+), disability, genetic information.
+- State and local law often adds: marital status, family responsibilities, source of income, credit history, criminal history (ban-the-box), and others. Verify for the applicable jurisdiction.
+
+**Wage and hour**
+- Confirm FLSA exempt/non-exempt classification for affected workers. As of May 2026, WHD restored the 2019 salary threshold of $684/week for EAP exemptions after a 2024 rule was judicially vacated — verify the current effective threshold at https://www.dol.gov/agencies/whd/overtime/salary-levels before relying on any specific figure.
+- Confirm state minimum wage if higher than federal.
+- Independent-contractor classification: verify against the applicable federal and state multi-factor tests. Misclassification is an escalation-grade risk.
+
+**Accommodation and leave**
+- ADA reasonable accommodation duty: confirm an interactive process occurred before any adverse action against an employee with a known or suspected disability.
+- FMLA: confirm eligibility (12 months tenure, 1,250 hours worked, 50-employee threshold at the worksite) — verify thresholds at https://www.dol.gov/agencies/whd/fmla.
+- State leave laws may impose additional or broader obligations. Verify for the applicable state.
+
+**Collective and union matters**
+- NLRA protects concerted activity even for non-unionized workers. Adverse action following protected concerted activity (e.g., complaints about wages or working conditions) is an unfair labor practice.
+- If a CBA is in scope, confirm just-cause requirements and grievance/arbitration procedures before any disciplinary or termination action.
+
+**Retaliation and whistleblower**
+- Retaliation for filing an EEOC charge, participating in an investigation, or opposing discriminatory practices is independently prohibited under federal statutes.
+- OSHA administers 25+ whistleblower protection statutes covering reporting on safety, securities, tax, environment, and other regulated domains. Verify at https://www.osha.gov/whistleblower-protection-programs.
+- Temporal proximity between protected activity and adverse action is a primary factor in establishing retaliation claims.
+
+---
+
+## Escalation triggers (US-specific)
+
+- Any action taken within weeks or months of a complaint, accommodation request, leave request, or OSHA/SEC/IRS report.
+- WARN-threshold proximity in a RIF — if headcount at or near the threshold, escalate before finalizing.
+- Independent-contractor reclassification exposure.
+- Multi-state workforce where different state laws apply concurrently.
+- Executive or senior employee terminations (arbitration agreements, equity, D&O exposure).
+- Any EEOC charge, DOL audit, or NLRB petition already filed or threatened.
+
+---
+
+## Sources
+
+- https://www.eeoc.gov/laws-guidance — EEOC laws, regulations, and guidance (fetched 2026-05-18, resolved)
+- https://www.dol.gov/agencies/whd/flsa — WHD FLSA overview (confirmed via search 2026-05-18)
+- https://www.dol.gov/agencies/whd/overtime/salary-levels — current EAP salary thresholds (confirmed via search 2026-05-18)
+- https://www.dol.gov/agencies/eta/layoffs/warn — WARN Act (DOL)
+- https://www.nlrb.gov/about-nlrb — NLRB overview (fetched 2026-05-18, resolved)
+- https://www.osha.gov/whistleblower-protection-programs — OSHA whistleblower programs

package/skills/hr/hr-risk-triage-review/references/workflow-and-output.md

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+# Workflow and Output Contract
+
+## Workflow
+
+Execute these ten steps in order. Do not skip a step because the input looks
+simple — the steps exist to surface what an HR requester has not said.
+
+### Step 1 — Define the HR decision or problem in one sentence
+
+State the proposed HR action or the problem in a single sentence. Examples:
+- "We intend to terminate [role] for repeated performance failures after a three-month PIP."
+- "An employee has filed a harassment complaint against their manager."
+- "We are planning a reduction in force of approximately 40 roles across two business units."
+
+If the matter cannot be stated in one sentence, ask the user to narrow it before proceeding.
+
+### Step 2 — Identify population, location, and context
+
+Collect (or flag as Unknown if not provided):
+- Employee population in scope: count, role(s), employment status (full-time, part-time, fixed-term, contractor, gig/platform)
+- Location(s): country, state/province, local ordinance if relevant
+- Protected-class indicators **only if relevant and volunteered** — do not probe for them
+- Manager chain and decision-makers involved
+- Business unit and entity
+- Policy source(s) the action relies on (handbook, policy number, contract clause, collective agreement)
+- Timeline of events, effective dates, and any deadlines
+- Whether a union, works council, or collective-bargaining agreement applies
+
+If jurisdiction is not provided, rate all risk domains Unknown and request jurisdiction before proceeding.
+
+### Step 3 — Separate confirmed facts, allegations, assumptions, hearsay, and missing evidence
+
+Sort the input into clearly labeled buckets:
+- **Confirmed facts** — established and corroborated
+- **Allegations** — claims made but not yet substantiated; record who made them
+- **Assumptions** — treated as plausible but unverified
+- **Hearsay and opinion** — secondhand accounts and characterizations, not evidence
+- **Missing evidence** — facts that materially affect the assessment and are not provided
+
+Never assume a manager's or complainant's account is complete. Require corroboration.
+
+### Step 4 — Identify the HR domain
+
+Classify the matter against one or more domains: recruiting, onboarding,
+performance, discipline, termination, RIF/reorg, compensation, benefits,
+accommodation, leave, harassment, discrimination, retaliation, workplace
+safety, investigations, employee privacy, labor relations, or culture.
+
+### Step 5 — Check process integrity
+
+Test the process behind the decision, not just the outcome. Examine:
+- **Notice** — was the employee given required notice and an opportunity to respond?
+- **Consistency** — does this match how comparable situations were handled?
+- **Documentation** — is there a contemporaneous, non-pretextual record?
+- **Policy alignment** — does the action follow the stated policy and contract?
+- **Prior treatment** — has the employee's prior record been applied evenly?
+- **Decision authority** — does the decision-maker have the authority to act?
+- **Confidentiality** — has sensitive information been contained appropriately?
+- **Appeal / review path** — is there a route for the employee to challenge the decision?
+
+### Step 6 — Adverse-impact and fairness review
+
+Ask whether similarly situated employees were treated consistently. Look for
+disparate treatment, disparate impact of facially neutral criteria (especially
+RIF selection criteria), and inconsistency that a fact-finder would read as
+pretext. State explicitly where comparator data is missing.
+
+### Step 7 — Retaliation analysis
+
+For any adverse or proposed adverse action, test for retaliation:
+- **Protected activity** — did the employee complain, request leave or accommodation, report safety or wrongdoing, or engage in protected concerted/union activity?
+- **Timing** — how close in time is the adverse action to the protected activity?
+- **Decision-makers** — do the people deciding know about the protected activity?
+- **Documentation** — does the record predate the protected activity, or appear after it?
+- **Alternative explanations** — is there a credible, documented non-retaliatory reason?
+
+An adverse action following protected activity is the highest-risk finding possible — lead with it.
+
+### Step 8 — Privacy analysis
+
+Review handling of employee data:
+- **Minimum necessary** — is only the data needed for the decision being collected and used?
+- **Role-based access** — is access limited to those who need it?
+- **Retention** — is there a defined retention and disposal path?
+- **Consent / notice** — where the jurisdiction requires it, has notice or consent been given?
+- **Sensitive data** — are medical, disability, immigration, and protected-characteristic data segregated and protected?
+
+### Step 9 — Rate risk
+
+Assign one of five ratings to each identified risk:
+
+| Rating | Meaning |
+|---|---|
+| Critical | Immediate legal exposure; do not proceed without counsel sign-off |
+| High | Material litigation, regulatory, or financial exposure; escalation strongly indicated |
+| Medium | Manageable with documented controls; monitor and document |
+| Low | Limited exposure on current evidence; note and monitor |
+| Unknown | Jurisdiction or material facts missing; cannot rate without them |
+
+Unknown is mandatory — not optional — wherever documentation is incomplete or jurisdiction is absent.
+
+### Step 10 — Recommend safe next actions and escalation path
+
+Present a range of safe next actions, not a single directive. For each, state
+what it entails, what supports it, what risk it mitigates, and what residual
+risk remains. Then state the escalation path. Escalate to employment counsel
+when any of the following is true:
+- The matter involves jurisdiction-specific statutory rights or notice periods
+- A claim, complaint, charge, or grievance has been filed or threatened
+- Protected characteristics, protected activity, or whistleblower status are in play
+- The financial or reputational exposure is material
+- A mass-layoff, collective-consultation, or works-council trigger may apply
+- Immigration or work-authorization status is affected
+- The matter involves executive compensation, executive misconduct, or equity
+- There is any ambiguity about whether a retaliatory or discriminatory motive could be attributed to the action
+
+---
+
+## Output
+
+Return findings in this structure:
+
+```
+## Verdict
+<one of: proceed | proceed with controls | pause | escalate | insufficient evidence>
+<one sentence explaining the verdict>
+
+## Ruthless challenge
+<2–4 sentences: the weakest part of the current HR thinking — adversarial framing, no softening>
+
+## Facts, allegations, assumptions, and missing evidence
+- Confirmed facts: <fact>
+- Allegations: <claim — who made it, what is unproven>
+- Assumptions and hearsay: <item and its basis>
+- Missing evidence: <materially relevant fact not provided>
+
+## Policy and process issues
+- <process gap — notice, consistency, documentation, policy alignment, prior treatment, decision authority, confidentiality, or appeal path — and why it matters>
+
+## Fairness, consistency, retaliation, and privacy stress test
+- Adverse impact / fairness: <were similarly situated employees treated consistently; where is comparator data missing>
+- Retaliation: <protected activity, timing, decision-maker knowledge, documentation sequence, alternative explanations>
+- Privacy: <minimum-necessary data, role-based access, retention, notice/consent, sensitive-data handling>
+- Adverse lenses: <worst-case framing from employee, plaintiff counsel, regulator/labor authority, works council/union, auditor, board, press>
+
+## Risk rating table
+| Issue | Severity | Evidence | Employee impact | Enterprise impact | Owner | Mitigation |
+|---|---|---|---|---|---|---|
+| <issue> | Critical/High/Medium/Low/Unknown | <evidence basis> | <impact on the employee> | <impact on the enterprise> | <decision owner> | <mitigation> |
+
+## Documentation checklist
+- [ ] <record or document that must exist and be verified before action>
+- [ ] <...>
+
+## Safe next actions
+1. <action — who does it, what it requires>
+2. <action>
+
+## Required escalation
+<explicit statement of which matters must reach employment counsel, HR, employee relations, privacy, or security before any action is taken>
+
+## Questions HR and legal must answer before action
+- <question>
+- <question>
+```
+
+---
+
+## Security notes
+
+- Never request or accept employee medical records, disability detail, immigration documents, compensation records, investigation notes, or attorney-client privileged communications. Ask for sanitized summaries with PII and protected-characteristic detail limited to what the question requires.
+- This is a static risk-triage review: do not draft termination letters, settlement agreements, disciplinary notices, or legal communications. Direct the user to employment counsel for those documents.
+- Do not draft retaliatory, discriminatory, intimidating, or misleading employee communications.
+- A proposed action that follows an employee's protected activity (complaint, leave request, accommodation request, safety report, union/labor activity, whistleblower report) is the highest-risk finding possible — lead with it.
+- Pretextual or backdated documentation requests (documenting performance issues retroactively to justify an already-decided termination, or backdating PIPs) must be refused explicitly. State that you will not assist with that and explain why.
+- Do not recommend termination, discipline, denial of leave or accommodation, or adverse action as the outcome — present readiness criteria, options, and escalation paths, and leave the decision to qualified human decision-makers.