Australia: Key Issues

1. The enforcement of restraint of trade obligations and the effect of written undertakings.
2. The distinction between an employee and independent contractor and the obligation to pay superannuation.

Australia: Recent Australian Superior Court Decisions: 6 Month Restraint of Trade Upheld, College Lecturer Denied Superannuation

Two significant decisions have come out of the superior courts of Australia in the month of May 2023. These decisions have important implications for employers and their rights and obligations in relation to two important issues:

1. the enforcement of restraint of trade obligations in a written contract of employment, explored in Janala Pty Limited v Hardaker (No 3) [2023] NSWSC 446; and
2. the distinction between an employee and independent contractor, explored in JMC Pty Ltd v Commissioner of Taxation [2023] FCAFC 76. » Read More

For more information on these articles or any other issues involving labour and employment matters in Australia, please contact Michael Harmer (Partner) of Harmers Workplace Lawyers at michael.harmer@Harmers.com.au or visit www.harmers.com.au.

Belgium: Key Issues

1. One-off purchasing power premium for employees of companies with high profits.

Belgium: One-off purchasing power premium for employees of companies with high profits

The Act of 24 May 2023 and Royal Decree of 23 April 2023 offer companies that achieved (exceptionally) high profits in 2022, the possibility to grant a purchasing power premium to their employees. This premium aims to contribute to the economic recovery after the energy crisis. » Read More

For more information on these articles or any other issues involving labour and employment matters in Belgium, please contact Chris Van Olmen (Partner) of Van Olmen & Wynant at chris.van.olmen@vow.be or visit www.vow.be.

Canada: Key Issues

1. Enforcement guidelines addressing new employment-related competition laws.
2. Ontario Court of Appeal clarifies when employers have implied right of lay-off.
3. OHSA charges laid against employer in the absence of a workplace accident.
4. “Age-related risk to COVID-19” insufficient to justify work-from-home accommodation.

Canada: Competition Bureau Releases Guidelines on Anti Wage-Fixing and No-Poaching Agreement Legislation

On 30 May 2023, Canada’s Competition Bureau released its Enforcement Guidelines on the Federal Government’s recent amendments to the Competition Act which, commencing on 23 June 2023, will prohibit wage-fixing and mutual no-poaching agreements between employers. » Read More

Canada: Court of Appeal Narrows the Implied Right to Lay-off and Clarifies Condonation

In a recent decision, the Ontario Court of Appeal clarified that (1) the lay-off of some employees does not generally constitute an implied right to lay off other employees; and (2) in order for an employee to condone a lay-off, they must have engaged in some positive action (not just silence or acquiescence). » Read More

Canada: Company and CEO Both Convicted of OHSA Offences, Despite the Absence of a Workplace Accident

A Kitchener-based manufacturing company and its CEO were recently convicted of offences under Ontario’s Occupational Health and Safety Act after they failed to ensure that machines being operated in the workplace were equipped with proper guarding. » Read More

Canada: Arbitrator Finds “Age-Related Risk to COVID-19” to Be Insufficient Grounds for WFH Accommodation

An arbitrator determined that an employer did not contravene the Ontario Human Rights Code when it refused to grant an older employee’s request to work from home based on an "age-related risk to COVID-19."  » Read More

For more information on these articles or any other issues involving labour and employment matters in Canada, please contact Robert Bayne (Partner) of Filion Wakely Thorup Angeletti at rbayne@filion.on.ca or visit www.filion.on.ca.

Chile: Key Issues

1. New Labour Protection for Victims of Femicide.

Chile: New Labour Protection for Victims of Femicide

The Law establishes that victims of frustrated or attempted femicide enjoy labour protection from the perpetration of the act until one year later.  For this purpose, the employee victim must file a complaint with the police or the Public Prosecutor's Office. Likewise, the victim is entitled to request the temporary adjustment of her services during the validity of this privilege, in order to allow her adequate reparation and protection. » Read More

For more information on these articles or any other issues involving labour and employment matters in Chile, please contact Ignacia López (Partner) of Cariola Díez Pérez-Cotapos at ilopez@cariola.cl or visit www.cariola.cl.

China: Key Issues

1. Cyberspace Administration of China issued the Guide to the Filling of the Standard Contract for Cross-Border Transfer of Personal Information.
2. Whether there is an employment relationship between a streamer and a media company shall be considered from three aspects: personal appendant relations, income distribution and nature of the agreement.

China: Cyberspace Administration of China issued the Guide to the Filling of the Standard Contract for Cross-Border Transfer of Personal Information

Cyberspace Administration of China issued the Guide to the Filling of the Standard Contract for Cross-Border Transfer of Personal Information, which specifies the requirements for filing methods, filing processes, and filing materials for Standard Contracts for Cross-Border Transfer of Personal Information. The purpose of the guide is to provide guidance and assistance to personal information processors who adopt standard contract route for cross-border transfer of personal information in standardizing and orderly filing of standard contracts and other required documents. » Read More

China: Jiangsu: Whether there is an employment relationship between a streamer and a media company shall be considered from three aspects: personal appendant relations, income distribution and nature of the agreement

Nantong Intermediate People's Court of Jiangsu Province (“the Court”) held that to determine whether the legal relationship between the parties belonged to a cooperative relationship or an employment relationship, it is necessary to examine the content of the rights and obligations established by the agreement between the two parties and the actual performance of the agreement and to analyse the differences from the aspects of personal appendant relations, income distribution and nature of the agreement. As a new form of employment relying on Internet platforms, streamers have flexible and diverse ways of cooperation with media companies which shall be analysed on a case-by-case basis. » Read More

For more information on these articles or any other issues involving labour and employment matters in China, please contact Carol Zhu (Partner) of Zhong Lun Law Firm at carol.zhu@zhonglun.com or visit www.zhonglun.com.

Colombia: Key Issues

1. The Supreme Court of Justice changed case law on reinforced employment stability due to health conditions.

Colombia: Recent case law changed health reinforced employment stability criteria

The Labour Chamber of the Supreme Court of Justice abandoned the position that it had been holding on the reinforced employment stability on health, in order to accept the disability criteria, set out in the Convention on the Rights of Persons with Disabilities and Colombian law related to it. » Read More

For more information on these articles or any other issues involving labour and employment matters in Colombia, please contact Alejandro Castellanos (Partner) of López & Asociados at alejandro.castellanos@lopezasociados.net or visit www.lopezasociados.net

Czech Repulic: Key Issues

1. Immediate Termination of the Employment Relationship by the Employer.

Czech Republic: Immediate Termination of the Employment Relationship by the Employer

The Supreme Court of the Czech Republic has issued a clarifying ruling in a dispute between an employer and an employee, on assessment of validity of the immediate termination of the employment relationship and stated the specific assessment conditions. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Czech Republic, please contact Jan Koval (Partner) of Havel & Partners at jan.koval@havelpartners.cz or visit www.havelpartners.cz.

Dominican Republic: Key Issues

1. Bill to modify and expand the rights of workers approved in first reading.

Dominican Republic: Bill to modify and expand the rights of workers approved in first reading 

The Chamber of Deputies, on 7 June, approved in first reading, the bill that aims to establish the rights of workers, expanding maternity and paternity leave, modifying certain provisions of the Labour Code. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Dominican Republic, please contact Angelina Salegna Bacó (Partner) of Sánchez & Salegna at asalegna@sys.do or visit www.sys.do.

European Union: Key Issues

1. European Semester 2023: the Commission’s social recommendations to Member States.

EU: European Semester 2023: the Commission’s social recommendations to Member States

Every year by the end of Spring, the EU Commission proposes country specific recommendations to the Member States as part of the European Semester. These recommendations will be later discussed and approved by the Council. Member States will have to try to take measures to respond to the recommendations. The recommendations include e.g. strengthening the effectiveness of social security protection, reforming the pension system, tax reforms and increasing labour market participation. In this article, we give an overview of the recommendations relating to employment and social security law to the Member States. » Read More

For more information on these articles or any other issues involving labour and employment matters in European Union, please contact Chris Van Olmen (Partner) of Van Olmen & Wynant at chris.van.olmen@vow.be or visit www.vow.be.

France: Key Issues

1. New rules on “golden hello” sign-on bonuses
2. Upcoming legislation on profit-sharing
3. Implementation of the new pension reform

France: « Golden hello » sign-on bonuses: the employer can impose partial reimbursement in case of resignation before the agreed date

The French Supreme Court has recognised the practice of « golden hello » bonus payments (lump-sum paid to a new employee subject to their not resigning before an agreed date). The Court ruled that the employer could impose reimbursement of part of the bonus paid calculated on the remaining time due under the agreed terms. » Read More

France: New obligations for companies regarding profit sharing

A new bill, aiming to integrate into law the National Interprofessional Agreement of 10 February 2023, was presented to the Council of Ministers on 24 May. The bill envisages the generalisation of profit-sharing for companies with less than 50 staff on an experimental basis. Profit-sharing would be mandatory when the net profit before tax is equal to at least 1% of sales for three consecutive years. The bill also provides for mandatory collective bargaining in companies with 50 staff or more in case of exceptional increase in profits.  » Read More

France: New pension reform: the first 2 implementation decrees have been published in view of the law’s entry into force next 1^st September

Following the adoption on 15 April of the new pension reform law, several decrees were due to be published. The first two set out the rules on the progressive increase of the pension age to 64 years old and on early retirement for those having started work early, who are disabled or permanently incapacitated. » Read More

For more information on these articles or any other issues involving labour and employment matters in France, please contact Joël Grangé (Partner) of Flichy Grangé Avocats at grange@flichy.com or visit www.flichygrange.com.

Germany: Key Issues

1. German Whistle-blower Protection Act.
2. Deviation from principle of equal pay for temporary agency workers.

Germany: German Whistleblower Protection Act finally coming

The implementation of the EU Whistleblower Directive 2019/1937 requirements for whistleblower protection in Germany has finally been completed – overview and outlook. » Read More

Germany: No equal pay for temporary agency workers

A collective agreement can provide lower wages for temporary agency workers if there is sufficient compensation. » Read More

For more information on these articles or any other issues involving labour and employment matters in Germany, please contact Dr. Tobias Pusch (Partner) of Pusch Wahlig Workplace Law at pusch@pwwl.de or visit www.pwwl.de.

Italy: Key Issues

1. Dismissal for objective justified reasons: the latest judgment of the Italian Supreme Court

Italy: Dismissal for objective justified reasons: the latest judgment of the Italian Supreme Court

The Italian Supreme Court has recently established that before dismissing an employee for objective justified reasons, the employer is burdened of the obligation to relocate the redundant employee having regard also to “future” available positions within its organisation. » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Angelo Zambelli (Partner) of Zambelli & Partners at angelo.zambelli@zambellipartners.com or visit www.zambellipartners.com/en/. 

Luxembourg: Key Issues

1. New whistle-blower regulation!

Luxembourg: New whistle-blower regulation!

Publication of the whistle-blower law. » Read More

For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Junger (Partner) of KLEYR | GRASSO at christian.jungers@kleyrgrasso.com or visit www.kleyrgrasso.com. 

The Netherlands: Key Issues

1. Future Pensions Act passed, transition to new pension system starts on 1 July 2023.
2. Guide for Sexual Harassment in the Workplace.
3. Insufficient action by employer after reports of transgressive behaviour and must pay fair compensation of EUR 197,000 gross.

The Netherlands: Future Pensions Act passed, transition to new pension system starts on 1 July 2023

From 1 July this year, a transition phase of several years will start for the Future Pensions Act. During this phase employers and employees will make joint agreements on adapting their pension scheme. Pension providers will then implement these agreements. » Read More

The Netherlands: Guide for Sexual Harassment in the Workplace

Recently, a first version of the "Guide to Reporting Sexual Harassment in the Workplace" has been published. This guide serves as an aid for organisations to develop a protocol for sexual harassment in the workplace. It provides a number of practical tips for this in four different phases. In this blog, we list the most important tips for each phase. » Read More

The Netherlands: Insufficient action by employer after reports of transgressive behaviour and must pay fair compensation of EUR 197,000 gross

Transgressive behaviour in the workplace has been the subject of more frequent discussions recently. The importance of acting adequately as an employer when responding to reports of transgressive behaviour is once again highlighted in a recent ruling by the 's-Hertogenbosch Court of Appeal. This blog briefly discusses the ruling. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Netherlands, please contact Christiaan Oberman (Partner) of Palthe Oberman at oberman@paltheoberman.nl or visit www.paltheoberman.nl.

Peru: Key Issues

1. Finalisation of sanitary emergency due to COVID-19.
2. Peruvian Congress approves new  national holiday.

Peru: Finalisation of sanitary emergency due to COVID-19 

On 25 May 2023, the sanitary emergency declared in Peru on March 2020 due to COVID-19 pandemic finished. » Read More

Peru: Peruvian Congress approves new  national holiday 

Law No. 31788 was published on Peruvian Official Gazette on 15 June. Considering this new holiday, Peruvian employees will enjoy 15 paid holidays per year. » Read More

For more information on these articles or any other issues involving labour and employment matters in Peru, please contact Håkon Andreassen (Partner) of Estudio Muñiz: SBDL at cpuntriano@munizlaw.com or visit www.munizlaw.com.

Poland: Key Issues

1. War refugees from Ukraine with longer legal stay.

Poland: War refugees from Ukraine with longer legal stay

The legal stay of Ukrainian citizens and certain members of their families who arrived in Poland after 24 February 2022 due to the war in Ukraine, will be extended until 4 March 2024, and in some cases until 31 August or 30 September 2024. » Read More

For more information on these articles or any other issues involving labour and employment matters in Poland, please contact Prof. Arkadiusz Sobczyk (Partner) of Sobczyk & Partners Law Firm at arkadiusz.sobczyk@sobczyk.com.pl or visit www.sobczyk.com.pl.

Sweden: Key Issues

1. Fixed term employment “for as long as the assignment lasts” was deemed compatible with EU- and Swedish labour law.

Sweden: Fixed term employment “for as long as the assignment lasts” was deemed compatible with EU- and Swedish labour law

A fixed term employment effective “for as long as the assignment lasts”, as provided for in the applicable collective bargaining agreement, was not deemed incompatible with the Swedish Employment Protection Act or the EU Directive on fixed term work. The Labour Court ruled that the fixed term employment constituted such an adaption to the conditions of the labour market that the legislator had wanted to enable by allowing parties to collective bargaining agreements to deviate from the statutory provisions. The Court found that the relevant provision in the EU Directive on fixed term work was not applicable. » Read More

For more information on these articles or any other issues involving labour and employment matters in Sweden, please contact Robert Stromberg (Partner) of Cederquist at robert.stromberg@cederquist.se or visit www.cederquist.se.

Switzerland: Key Issues

1. Social Security Cross-Border Workers: As of 1 July 2023, a New Treaty Provides that Cross-Border Workers from Certain EU/EFTA States Who Work Remotely from Their Country of Residence for Less than 50% Stay Subject to Swiss Social Security.

Switzerland: Social Security and Cross-Border Workers

As of 1 July 2023, a New Agreement provides that cross-border workers from certain EU/EFTA States who work remotely from their country of residence for less than 50% stay subject to Swiss Social Security. » Read More

For more information on these articles or any other issues involving labour and employment matters in Switzerland, please contact André Lerch (Partner) of lelex Attorneys at Law at lerch@lelex.law or visit www.lelex.law.

Türkiye: Key Issues

1. The Regulation on Business Lines has been Amended.

Türkiye: The Regulation on Business Lines has been Amended

The Regulation on Business Lines, which initially entered into force on 19.12.2012, has been amended. » Read More

For more information on these articles or any other issues involving labour and employment matters in Türkiye, please contact Burcu Tuzcu Ersin (Partner) of Moroğlu Arseven at btuzcu@morogluarseven.com or visit www.morogluarseven.com.

United Kingdom: Key Issues

1. Holiday pay - EAT ruling on calculating holiday pay on termination of employment.
2. New UK laws pave the way for new rights for carers and parents.
3. UK Government outlines post-Brexit changes to employment law.
4. UK Information Commissioner’s Office publishes new guidance for employers on data subject access requests.
5. New guidance for employers on reasonable adjustments for mental health and on menopause and menstrual health published.

United Kingdom: Holiday pay - EAT ruling on calculating holiday pay on termination of employment

The Employment Appeal Tribunal (EAT) has decided that, when calculating pay for accrued but untaken statutory holiday at the end of employment under the Working Time Regulations 1998 (WTR), an employment contract (or other agreement) could not provide a formula for calculating the holiday pay which would result in a worker being paid less than the usual amount they would have been paid for working. » Read More

United Kingdom: New UK laws pave the way for new rights for carers and parents

Three Private Members Bills were passed into law last week paving the way for the introduction of new UK employment rights for working carers and parents. » Read More

United Kingdom: UK Government outlines post-Brexit changes to employment law 

The UK government has outlined planned changes to holiday entitlement and pay, non-competes and TUPE post-Brexit. » Read More

United Kingdom: UK Information Commissioner’s Office publishes new guidance for employers on data subject access requests

New Q&A guidance has been published for employers on how to respond to subject access requests. » Read More

United Kingdom: New guidance for employers on reasonable adjustments for mental health and on menopause and menstrual health published

Acas (the Advisory, Conciliation and Arbitration Service – an executive non-departmental public body, sponsored by the Department for Business and Trade UK) has published new guidance on reasonable adjustments for mental health conditions and the British Standards Institute has  published new guidance on menopause and menstrual health in the workplace. » Read More

For more information on these articles or any other issues involving labour and employment matters in the United Kingdom, please contact Robert Hill (Partner) of Clyde & Co at Robert.Hill@clydeco.com or visit www.clydeco.com.

USA: Key Issues

1. Next Steps for Employer I-9 Compliance as Temporary Flexibility Ending July 31, 2023.
2. As the U.S. COVID-19 Public Health Emergency Ends, Employers Ask Now What?
3. EEOC Continues to Allow Certain COVID-19 Protocols in Its Latest Revised COVID-19 Guidance.
4. Non-Competes Violate the National Labor Relations Act, Labor Board General Counsel Abruzzo Argues.

USA: Next Steps for Employer I-9 Compliance as Temporary Flexibility Ending July 31, 2023

U.S. Immigration and Customs Enforcement (ICE) has announced that employers will have 30 days to comply with Form I-9 employment eligibility verification physical document examination requirements when COVID-19 flexibility sunsets on July 31, 2023. » Read More

USA: As the U.S. COVID-19 Public Health Emergency Ends, Employers Ask Now What?

The U.S. COVID-19 Public Health Emergency will end on May 11, 2023, one week after the World Health Organization determined that COVID-19 is no longer a Public Health Emergency of International Concern. On that same day, the Biden-Harris Administration has announced it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air travelers. The Administration also announced that the Department of Health and Human Services and the Department of Homeland Security will start the process to end their vaccination requirements for Head Start educators, healthcare facilities certified by the Centers for Medicare & Medicaid Services (CMS), and certain noncitizens at the land border. » Read More

USA: EEOC Continues to Allow Certain COVID-19 Protocols in Its Latest Revised COVID-19 Guidance

The Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 technical assistance, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, in response to the end of the COVID-19 Public Health Emergency Declaration, appearing to give employers permission to continue many of their COVID-19 practices and protocols. » Read More

USA: Non-Competes Violate the National Labor Relations Act, Labor Board General Counsel Abruzzo Argues

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo’s efforts to alter the labor and employment landscape continue. The GC’s latest controversial enforcement memorandum (GC Memo 23-08) asserts that certain non-compete provisions in employment contracts and severance agreements violate the National Labor Relations Act. » Read More

For more information on these articles or any other issues involving labour and employment matters in the United States, please contact John Sander (Principal) of Jackson Lewis at john.sander@jacksonlewis.com or visit www.jacksonlewis.com.

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