Australia: Key Issues
- Implementing RTO mandates in a manner that complies with Australian law, while balancing evolving employee expectations and operational objectives.
Australia: The Return-to-Work Acceleration: Navigating Employee Rights, Legal Compliance, and Workplace Trends
Australian employers are increasingly implementing structured return-to-office (RTO) mandates. While operational justifications such as collaboration and workplace culture are frequently cited, the legal obligations of an employer have either evolved significantly, or become more exacting, since the COVID-19 pandemic. As a result, employers should approach RTO mandates with a nuanced understanding of their legal obligations and evolving employee expectations. » 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.
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Belgium: Key Issues
- Supreme Court rules on consequences of nullity of bonus plan drafted in the wrong language.
- Employer condemned to two compensations for manifestly unreasonable dismissal
Belgium: Supreme Court Rules on Consequences of Nullity of Bonus Plan Drafted in the Wrong Language
In Belgium, the language rules for the use of documents in social relations (from employers to employees) are very strict and of public order. In Flanders, the relevant rules are set out in the Flemish Language Decree of 19 July 1973. A common issue is for employers that are part of an international group that set up their bonus plan or stock option plan on a group-wide basis and only in English. » Read More
Belgium: Employer Condemned to Two Compensations for Manifestly Unreasonable Dismissal
On 3 December 2024, the Labour Court of Appeal of Brussels issued a judgement in response to a claim for manifestly unreasonable dismissal under the Collective Bargaining Agreement (hereafter CBA No. 109). The employee was initially dismissed with a notice period. The notice period was terminated early, and the remaining notice period was replaced by a severance payment. For the first time, we see a court awarding compensation under CBA No. 109 for both the initial dismissal and the early termination of the notice period. » 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.
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Brazil: Key Issues
- The Federal Supreme Court suspends all labour claims that discuss hiring independent contractors.
Brazil: The Federal Supreme Court Suspends All Labour Claims that Discuss Hiring Independent Contractors
The Federal Supreme Court rendered a decision suspending all labour claims that discuss the hiring of independent contractors as self-employed workers or through their legal entities, until the plenary of the Federal Supreme Court judges the matter. » Read More
For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Gabriela Lima (Partner) of TozziniFreire at glima@tozzinifreire.com.br or visit www.tozzinifreire.com.br.
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Canada: Key Issues
- Civil litigation; Law reform.
- Responding to American tariffs; Managing workforce during economic uncertainty.
- Responding to American tariffs; Managing workforce during economic uncertainty.
- Responding to American tariffs; Managing workforce during economic uncertainty.
Canada: Civil Rules Reform Working Group Proposes Sweeping Changes
On 1 April 2025, the Civil Rules Review Working Group released its Phase 2 Consultation paper, proposing sweeping and significant reforms to the Rules of Civil Procedure in Ontario. In this article, we summarise the key proposed updates that will – if approved and implemented – impact Ontario civil litigants, including employers, beginning in 2026. » Read More
Canada: Federal Government Temporarily Changing EI Rules Due to Tariffs
The Canadian government has implemented Employment Insurance (EI) Pilot Project 24 to address the current economic uncertainty stemming from U.S. tariffs. In this article, we review the three changes that this Pilot Program makes to support workers – and businesses – to weather these challenging economic times. » Read More
Canada: Fighting Tariffs and Avoiding Layoffs: Special Measures for EI Work-Sharing Program
The Government of Canada implemented special measures under the Employment Insurance (EI) Work-Sharing Program to respond to the economic effects of U.S. tariffs on Canadian employers. These temporary measures will be effective from 7 March 2025 until 6 March 2026 and aim to allow more employers to access and utilise the Work-Sharing Program during this time of economic uncertainty. » Read More
Canada: Fighting Tariffs and Avoiding Layoffs: Supplemental Unemployment Benefit Program
Also available for employers seeking effective ways to manage their workforce in face of the economic effects of U.S. tariffs on Canadian employers is the Employment Insurance Supplemental Unemployment Benefit Program. This program may assist employers in retaining talent and providing extra financial support to employees in periods of temporary unemployment, such as layoffs. » 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.
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China: Key Issues
- Ministry of Human Resources and Social Security issued the guidelines for credit rating evaluation of labour dispatch units.
- Shanghai Minhang District Labour and Personnel Dispute Arbitration Court and the Minhang District People’s Court: workers who do not actively exercise their labour rights will not be supported in their claim for double salary compensation.
China: Ministry of Human Resources and Social Security Issued the Guidelines for Credit Rating Evaluation of Labour Dispatch Units
On 21 March 2025, the General Office of the Ministry of Human Resources and Social Security issued the Guidelines for Credit Rating Evaluation of Labour Dispatch Units. » Read More
China: Shanghai Minhang District Labour and Personnel Dispute Arbitration Court and the Minhang District People’s Court: Workers Who Do Not Actively Exercise their Labour Rights Will Not be Supported in their Claim for Double Salary Compensation
On 25 March 2025, the Shanghai Minhang District Labour and Personnel Dispute Arbitration Court and the Minhang District People’s Court, drafted and released the White Paper on Labour and Personnel Dispute Mediation, Arbitration, and Adjudication in Minhang District, Shanghai (2023-2024), which includes the top ten typical labour and personnel dispute cases in Minhang District. One of the typical cases involves a worker requesting a ruling that a hairdressing salon pay the difference in double wages for not signing a labour contract. In this case, the worker lost the lawsuit due to not actively exercising their rights. » 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.
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Colombia: Key Issues
- Labour reform in Colombia: Congress rejects the proposal; the government announces public referendum.
- New sanctions introduced for unfair dismissal of workplace sexual harassment whistleblowers.
Colombia: Labour Reform in Colombia: Congress Rejects the Proposal; the Government Announces Public Referendum
On Tuesday, March 18, the Seventh Commission of the Senate of the Republic decided to file the labour reform bill promoted by the national government. It was filed with eight votes in favour and six against. » Read More
Colombia: New Sanctions Introduced for Unfair Dismissal of Workplace Sexual Harassment Whistleblowers
The Ministry of Labour has issued a new regulatory decree setting out rules on sanctions for employers who dismiss whistleblowers reporting possible cases of sexual harassment in the workplace. » Read More
For more information on these articles or any other issues involving labour and employment matters in Colombia, please contact Angelica Carrion (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net
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Czech Republic: Key Issues
- Major contributions of the “flexible amendment” to the Czech Labour Code.
Czech Republic: Major Contributions of the “Flexible Amendment” to the Czech Labour Code
The Czech Parliament has finally approved the so-called Flexible Amendment to the Czech Labour Code. The remaining final steps of the legislative process are for the President to sign the Amendment and subsequently, its official publication. It is meant to take effect on 1 June 2025. It brings significant changes to the Czech Labour Code, with the goal of increasing the flexibility of employment relationships. » 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.
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European Union: Key Issues
- European social partners and EU Commission sign pact for social dialogue.
EU: European Social Partners and EU Commission Sign Pact for Social Dialogue
On 5 March 2025, the European Commission and the European cross-industry social partners have concluded a pact for social dialogue wherein they take joint initiatives to strengthen social dialogue at EU level. » 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.
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France: Key Issues
- Changes in the rights of employees to class actions.
- Changes in the EU blue card rules for foreign professionals.
- Preparing to replace an employee is not a dismissal.
- The fact that an employee does not have the required diploma is not sufficient to justify their dismissal on such grounds.
France: Changes in the Rights of Employees to Class Actions
On 3rd April 2025, the French Parliament decided to harmonise the rules on class actions, including class actions brought by employees, when transposing the Representative Actions Directive n° 2020/1828 into French law. » Read More
France: Changes in the EU Blue Card Rules for Foreign Professionals
On 3rd April 2025, the French Parliament decided to make the EU Blue Card more attractive for foreign professionals wishing to work in France. » Read More
France: Preparing to Replace an Employee is not a Dismissal
On 26th March 2025, the French Supreme Court ruled that preparing an offer letter in view of hiring a new employee before the employee he was due to replace had been officially dismissed does not constitute a de facto and thus, an unfair dismissal. » Read More
France: The Fact that an Employee Does Not Have the Required Diploma is Not Sufficient to Justify Their Dismissal on Such Grounds
On 26th March 2025, the French Supreme Court ruled that an employer cannot dismiss an employee on the grounds that they do not have the required diploma when such employee has been employed for several years. » Read More
For more information on these articles or any other issues involving labour and employment matters in France, please contact Stéphanie Dumas (Partner) of Flichy Grangé Avocats at dumas@flichy.com or visit www.flichygrange.com.
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Germany: Key Issues
- Employees can claim compensation if targets for variable remuneration are set too late and can thus no longer fulfil their motivational and incentive function.
- Proof of posting of a registered letter (Einschreiben), together with a consignment status query on the internet, is not sufficient to provide prima facie evidence that a notice of termination issued by the employer was actually received by the employee.
Germany: New Case Law of the German Federal Labour Court on Compensation for Late Bonus Target Setting
Employers must set targets for variable remuneration in good time. Failing to do so can lead to compensation claims of employees based on a hypothetical full target achievement. » Read More
Germany: Delivering a Notice of Termination by Registered Letter is Not Legally Safe Regardless a Successful Delivery Status
The consignment status indicating a successful delivery of a registered letter containing a notice of termination is not sufficient to establish prima facie evidence that the notice of termination was actually received by the employee. Pursuant to recent case law, the consignment status says nothing about whether the deliverer actually paid particular attention to the specific delivery, which would justify the conclusion that the item posted was delivered to the addressee's mailbox. » 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.
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India: Key Issues
- Employees cannot be denied statutory bonus on the pretext that factories are run by a charitable trust.
India: Employees Cannot be Denied Statutory Bonus on the Pretext that Factories are Run by a Charitable Trust
The Supreme Court of India dismissed an appeal from the management of the Worth Trust to deny statutory bonus payments to workers engaged in its factories on the ground that the trust was exempted under Section 32 of the Payment of Bonus Act, 1965. The trust stated that it was associated with the Red Cross Society in order to claim exemption on the grounds that its activities were not for the purposes of generating profit. The Apex Court emphasised that once an organisation engages in commercial manufacturing activities, workers cannot be denied statutory bonus. » Read More
For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas (Partner) of Khaitan & Co at avik.biswas@khaitanco.com or visit www.khaitanco.com.
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Ireland: Key Issues
- Proposed legislation requires employees’ consent to contractual retirement age where it’s less than the state pension age.
Ireland: Proposed Legislation Requires Employees’ Consent to Contractual Retirement Age Where It’s Less Than the State Pension Age
The Employment (Contractual Retirement Ages) Bill 2025 was recently published and provides that an employee may notify their employer that they do not consent to retire at the contractual retirement age, where the contractual age is less than the State Pension Age. In addition, an employer cannot enforce the contractual retirement age without providing written objective and reasonable justifications for the retirement age. » Read More
For more information on these articles or any other issues involving labour and employment matters in Ireland, please contact Aoife Bradley (Partner) of Byrne Wallace Shields at abradley@byrnewallaceshields.com or visit https://www.byrnewallaceshields.com/.
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Italy: Key Issues
- Does the Jobs Act's repealed referendum scheduled for 8 and 9 June still make sense?
Italy: Does the Jobs Act's Repealed Referendum Scheduled for 8 and 9 June Still Make Sense?
In light of the several interventions of the Constitutional Court, due to which the scope of application of the remedy of reinstatement is widened compared to the indemnity protection, it clearly appears that the Jobs Act abrogative referendum does not respond to an actual need of protection for employees. » 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/.
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The Netherlands: Key Issues
- Bill to implement the European Pay Transparency Directive published.
- Dutch compensation scheme for long-term disability to end on 1 July 2026.
The Netherlands: Bill to Implement the European Pay Transparency Directive Published
In 2025, the Netherlands still struggles with a wage gap between men and women. The European legislator aimed to eliminate the wage gap Europewide by introducing the European Pay Transparency Directive on 7 June 2023, which must be implemented by the member states through national legislation. On 26 March 2025, the Dutch implementation of the pay transparency directive was put out to online consultation. Read the article below to find out how the legislator intends to close the wage gap in the Netherlands. » Read More
The Netherlands: Dutch Compensation Scheme for Long-Term Disability to End on 1 July 2026
Dutch law contains a compensation arrangement regarding the statutory transition payment for long-term occupational disability. However, starting 1st July 2026, employers with more than 25 employees will no longer be able to claim such compensation. Read below what this means and how this decision came about. » 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.
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Norway: Key Issues
- Proposed amendments to the Working Environment Act: clearer requirements for the psychosocial work environment.
Norway: Proposed Amendments to the Working Environment Act: Clearer Requirements for the Psychosocial Work Environment
The Working Environment Act sets requirements regarding the psychosocial working environment. The Working Environment Act section 4-1 states that “[t]he working environment in the undertaking shall be fully satisfactory when the factors in the working environment that may influence the employees' physical and mental health and welfare are assessed separately and collectively.” Furthermore, the Working Environment Act Section 4-3 specifically regulates the requirements for the psychosocial work environment. » Read More
For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Håkon Andreassen (Partner) of Helmr at hakon.andreassen@helmr.no or visit www.helmr.no.
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Philippines: Key Issues
- When an employee’s personal life becomes actionable in the workplace: a legal perspective on extramarital affairs as a ground for termination of employment under Philippine labour law.
Philippines: When an Employee’s Personal Life Becomes Actionable in The Workplace: A Legal Perspective on Extramarital Affairs as a Ground for Termination of Employment Under Philippine Labour Law
Romantic relationships at work are nothing new, but when they involve married individuals, employers navigate a complex legal and ethical minefield in the Philippines. In a country where morality, family values, and labour rights carry significant weight, how does the law address these situations? » Read More
For more information on these articles or any other issues involving labour and employment matters in the Philippines, please contact Rashel Ann C. Pomoy (Partner) of Villaraza & Angangco at rc.pomoy@thefirmva.com or visit https://www.thefirmva.com.
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Poland: Key Issues
- Changes in regulations regarding the employment of foreigners.
Poland: Changes in Regulations Regarding the Employment of Foreigners
The President has signed the Act on the Conditions for Permitting the Employment of Foreigners in the Territory of the Republic of Poland. It aims to reduce existing abuses, streamline procedures related to the employment of foreigners, decrease the backlog of cases handled by government offices, and ensure full digitalisation of proceedings. The new regulations are expected to come into force on 1 June 2025. » 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.
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Sweden: Key Issues
- Advokatfirman Cederquist, together with Lawyer Jens Tillqvist, successfully represented a company in the Swedish labour court concerning the interpretation of a collective bargaining agreement.
Sweden: Advokatfirman Cederquist, Together with Lawyer Jens Tillqvist, Successfully Represented a Company in the Swedish Labour Court Concerning the Interpretation of a Collective Bargaining Agreement
In a recent ruling, the Swedish Labour Court determined, after applying the usual principles of interpretations of collective bargaining agreements, that the work of a traffic warden employed by a company within the construction and transport sector was not covered by the collective bargaining agreement applicable within the construction sector. » 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.
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Switzerland: Key Issues
- The Swiss federal court confirms legal consequences – possibly a termination without notice – if the employee fails to properly inform the employer about their absence from work due to sickness (BGer 4A_486/2024 dated January 15, 2025).
Switzerland: The Swiss Federal Court Confirms Legal Consequences – Possibly a Termination Without Notice – If the Employee Fails to Properly Inform the Employer About Their Absence from Work Due to Sickness (BGer 4A_486/2024 dated 15 January 2025)
Art. 321a para. 1 CO obliges the employee, among other things, to conserve the legitimate interests of the employer. The obligation of an employee to announce absences as early as possible to the employer, especially if due to an accident or illness. Although the obligation to inform the employer about absences is straight forward, it repeatedly leads to tensions and confusions, mainly due to employees lacking sufficient knowledge about their duty and employers being hesitant to enforce consequences when the obligation has not been met. The Federal Supreme Court Ruling 4A_486/2024 (hereinafter “ruling”) achieved to clarify many legal uncertainties in this regard. » 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.
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Türkiye: Key Issues
- The circular on prevention of psychological harassment (mobbing) in workplaces has been published.
- The Constitutional Court has partially annulled the clause on the determination of foreign law.
Türkiye: The Circular on Prevention of Psychological Harassment (Mobbing) in Workplaces has been Published
The Circular on Prevention of Psychological Harassment (Mobbing) in Workplaces has been published in the Official Gazette dated 6 March 2025, numbered 32833, aiming to further prevent mobbing, which may occur in workplaces. » Read More
Türkiye: The Constitutional Court has Partially Annulled the Clause on the Determination of Foreign Law
Constitutional Court has partially annulled the article of the Private International and Procedural Law, which allowed the determination of foreign law as the applicable law to employment agreements. » 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.
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United Kingdom: Key Issues
- Unfair dismissal: misconduct.
- Discrimination: racial harassment.
- Whistleblowing: job applicants.
- April changes: new employment rights and rates increases in effect.
- Employment reforms: update.
United Kingdom: Unfair Dismissal: Misconduct
Court of Appeal decision provides a reminder of key principles of fair dismissals for misconduct. » Read More
United Kingdom: Discrimination: Racial Harassment
The EAT has ruled that an employer was not liable for racial harassment because it was not committed “in the course of employment.” » Read More
United Kingdom: Whistleblowing: Detriment Claims
The Court of Appeal has ruled that a job applicant could not bring a whistleblowing detriment claim. » Read More
United Kingdom: April Changes: New Employment Rights and Rates Increases in Effect
We set out the new statutory rates that come into effect in April 2025, as well as the new right to paid neonatal care leave which applies in relation to babies born on or after 6 April 2025. » Read More
United Kingdom: Employment Reforms: Update
The Employment Rights Bill has now passed its second reading in the House of Lords. » 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.
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USA: Key Issues
- Institutions’ Title IX compliance under the microscope: DOJ, ED form special investigations team to enforce gender ideology EOs.
- Staying I-9 and E-Verify compliant: updates for employers.
- Top five labor law developments for March 2025.
- National employee benefits day: reflecting on our favorite holiday.
USA: Institutions’ Title IX Compliance Under the Microscope: DOJ, ED Form Special Investigations Team to Enforce Gender Ideology EOs
Institutions should carefully review their policies and practices now that the Department of Justice (DOJ) and Department of Education (ED) have recently formed a special investigations team to increase and prioritize enforcement of the administration’s position under Title IX of the Education Amendments of 1972. » Read More
USA: Staying I-9 and E-Verify Compliant: Updates for Employers
USCIS has published a new version of Form I-9 and effected new updates to the form and E-Verify. » Read More
USA: Top Five Labor Law Developments for March 2025
The following are the top five labor law development in the USA for March 2025. » Read More
USA: National Employee Benefits Day: Reflecting on Our Favorite Holiday
Each year, National Employee Benefits Day is a chance to reflect on the ever-changing landscape of employer-sponsored benefits. Indeed, this year may be the most pivotal since 2020’s COVID-19 relief guidance. » 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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