Australia: Key Issues

1. Major legislative reform to industrial relations laws.

Australia: First Tranche of Industrial Relations Reforms – What Does it Mean for Employers and Employees?

The first tranche of reform to industrial relations laws has landed with the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 tabled in Parliament on 27 October 2022 and passing the lower house on 10 November 2022. This article summarises the main proposed changes. » 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.

Austria: Key Issues

1. In a recent decision, the European Court of Justice ruled that an employee is entitled to a vacation compensation payment in the event of an unjustified premature resignation.

Austria: Vacation Compensation Payment for Employees in case of Unjustified Premature Resignation

Up to now, employees who prematurely resigned from their employment relationship without justified cause were not entitled to vacation compensation payment for the current year of employment under Austrian law. The European Court of Justice ruled that this is contrary to EU Law and that the employee is entitled to a vacation compensation payment also in case of unjustified premature resignation. » Read More

For more information on these articles or any other issues involving labour and employment matters in Austria, please contact Anna Mertinz (Partner) of KWR at anna.mertinz@kwr.at or visit www.kwr.at.
 

Belgium: Key Issues

1. Best practices for employers who wish to allow 4-day work weeks.

Belgium: Labour Deal 2022: 4 Day Work Week And Alternating Work Week

One of the most high-profile parts of the labour deal is the introduction of the four-day working week. » 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. Supreme Court finds that labour arbitrator has exclusive jurisdiction over human rights allegations raised by unionized workers in manitoba.
2. The Portable Benefits Advisory Panel’s Consultation Process explained.
3. The Court held that placing the employee on an unpaid leave of absence for their non-compliance with the policy was reasonable.

Canada: Human Rights Tribunal Confirms It Has Concurrent Jurisdiction to Decide Human Rights Claims of Unionized Employees

The recent decision in Weilgosh v. London District Catholic School Board, 2022 HRTO 1194 (“Weilgosh”), confirms that the Human Rights Tribunal of Ontario (the “Tribunal”) shares concurrent jurisdiction with labour arbitrators to decide the human rights claims of unionized employees. The decision settles a significant question of law that arose after last year’s ruling by the Supreme Court of Canada in Northern Regional Health Authority v. Horrocks, 2021 SCC 42 (“Horrocks”). » Read More

Canada: Ontario Government Begins Consultation on Portable Benefits

On September 27, 2022, the Government of Ontario opened the consultation process for the Portable Benefits Advisory Panel. The Panel, appointed in March 2022, will advise the Government on the viability of a benefits program that would provide health benefits to workers who do not currently enjoy similar benefits under an employer-provided plan. » Read More

Canada: British Columbia Supreme Court Finds Enforcement of Mandatory Vaccination Policy Is Not Constructive Dismissal

In a first across Canada, the British Columbia Supreme Court (the “Court”) has held that an employee was not constructively dismissed when she was placed on an unpaid leave of absence following her refusal to abide by her employer’s mandatory COVID-19 vaccination policy (the “Policy”). The Court in Parmar v Tribe Management Inc., 2022 BCSC 1675 (“Parmar”), determined that the Policy was reasonable in the context of the COVID-19 pandemic and that the employee’s voluntary non-compliance was due to her speculation about potential vaccination risks. » 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. Main aspects regarding the Department of Labour’s opinion setting the scope of the law regarding digital service platform workers.

Chile: Department of Labour issues Opinion on Digital Service Platform Workers

On 19 October 2022, the Department of Labour issued an opinion setting the scope of the law regarding digital service platform workers. » Read More

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

China: Key Issues

1. The Supreme People's Court clarified the criteria for judging the legitimacy of the Employer's unilateral termination of the employment contract.
2. Legislative changes to the PRC Law on the Protection of Rights and Interests of Women.

China: Supreme People's Court clarifies the Criteria for Judging the Legitimacy of the Employer's Unilateral Termination of the Employment Contract

Intermediate Court of Lianyungang, Jiangsu Province, held that the content of the termination notice issued by the Employer to the employee shall be the basis for judging the legitimacy of the Employer's unilateral termination of the employment contract, and shall not exceed the content and scope specified in the termination notice. This case was cited by the Supreme People's Court as a guiding case. » Read More

China: Legislative Changes to the PRC Law on the Protection of Rights and Interests of Women

The PRC Law on the Protection of Rights and Interests of Women was revised and adopted on 30 October 2022, which will come into force on 1 January 2023. The revision is emphasised to eliminate gender discrimination in employment, strengthen special protection for female employees, and enrich the anti-sexual harassment system in the workplace. » 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.

Dominican Republic: Key Issues

1. The receipt of discharge must accurately indicate the amount and method of payment for which the worker is discharging in favor of the company. Likewise, we recommend that the document specify that the worker receives this payment freely and voluntarily.

Dominican Republic: Supreme Court of Justice explains the Characteristics that a Receipt of Discharge must have to be Valid

The receipt of discharge is valid if it has been done without fraud, threat, deceit, simulation, or vice of consent. » 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. In this article, we explain why the European Pillar is not merely a theoretic or philosophical document and why it matters for employers.

EU: European Pillar of Social Rights celebrates 5^th Anniversary with the first European Employment & Social Rights Forum

The European Pillar of Social Rights was officially proclaimed at the Gothenburg Social Summit of 2017 by European Parliament, the Council and the Commission. Since then, the “European Pillar” also called the “Social Pillar” has been a constant centerpiece in the EU social policy. This event was celebrated at the firs European Employment & Social Rights Forum in Brussels (16-17 November). In this article, we explain why the European Pillar is not merely a theoretic or philosophical document and why it matters for employers. » 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. Do’s and don’ts when using an independent contractor.
2. During this summer, plenty of measures have been voted to increase workers’ pouvoir d’achat. We will focus on those measures.
3. Analysis on redundancy for economic reasons.
4. Updates regarding project law of the unemployment insurance reform.

France: Independent workers - Do’s and Don’ts

Using an independent contractor requires great care to avoid the reclassification of the relationship into an employment contract, as well as criminal liability. » Read More

France: Voted Measures to Increase Workers’ pouvoir d’achat

During this summer, plenty of measures have been voted to increase workers’ pouvoir d’achat. Let’s focus on those measures. As of 1 August, the gross hourly minimum wage is increased to 11.07 euros. This means that the gross monthly minimum wage will rise from 1,645.58 euros to 1,678.95 euros gross. Two important laws were published on 17 August 2022: the rectifying finance law of 16 August and the law on emergency measures to protect purchasing power of 16 August. » Read More

France: Employee’s Setting his Residence Far Away from the Place of Work

French law provides for a legal duty to reimburse 50% of the employee’s subscription to public transport means used to travel from their home to their place of work. Further to the Covid 19 pandemic, many employees decided to move in the countryside, far from their office. In a ruling dated 5 July 2022, the Judicial tribunal of Paris ruled that they were still entitled to such reimbursement of their subscription (which cost was much higher). This is consistent with a Supreme court ruling dated 2012 and the social security regulation, which make no distinction as to the distance covered by the subscription. » Read More

France: Project Law of the Retirement Reform

Several projects are under consideration by the Government. » 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. Strengthening of trade union participation within the SE.
2. Notice period in context of compliance investigations.

Germany: ECJ strengthens Trade Union Participation within the SE

In the event a company subject to co-determination on the level of the supervisory board changes its legal form into a Societas Europaea (SE), the participation agreement must compulsorily provide for trade union seats in the supervisory board, a separate procedure for election of the trade union representatives and a right of proposal for all trade unions represented in the SE and its subsidiaries, given that employee representative seats in the supervisory board were to be filled by trade union representatives in a separate procedure already prior to the change of legal form. » Read More

Germany: Beginning of the Two-week Period for Issuing an Extraordinary Termination in case of Complex Compliance Investigations

Under German law, an extraordinary termination can only be validly issued within two weeks after the person(s) entitled to terminate became aware of the circumstances the termination is based on. According to a recent Federal Labor Court ruling, this also applies in case of a complex compliance investigation with a duration of several months led by a person who was not entitled to terminate, as long as the delayed informing of the entitled persons is not due to improper organization or against good faith. » 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.

India: Key Issues

1.  It would be unlawful to forfeit the amount of gratuity without allowing the employee to show cause and without determining the extent of loss or damage caused.

India: Forfeiture of Gratuity is not Automatic upon an Employee’s Dismissal from Service

The High Court of Chhattisgarh, on 10 October 2022, determined that forfeiture of gratuity amount is not automatic when an employee is dismissed from her/his service. » 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 IndusLaw at avik.biswas@induslaw.com or visit www.induslaw.com. 

Italy: Key Issues

1. New rules will apply for settlements relating to labour disputes.

Italy: Employment Settlement Agreement with the Assistance of the Lawyers Only

Italy has extended negotiation procedure to labour disputes. It is part of the Italian Civil Procedure Reform that is aimed at enhancing ADRs as measures of alternative and complementary justice. » 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/. 

The Netherlands: Key Issues

1. Important Supreme Court ruling; the scope of the compensation scheme for the transition allowance has been expanded.
2. In the case of compulsory study or training, these costs cannot be reclaimed by employers (anymore). Any clause contrary to this - such as a study costs clause - is null and void. From 1 August 1 2022, these clauses can no longer be successfully invoked, regardless of when they were established.
3. As of August 1 2022, employers now need an objective justification even for ‘old’ ancillary work clauses.

The Netherlands: Supreme Court rules on Compensation for Statutory Transition Payment of Long-Term Sick Employees

Employers in the Netherlands no longer have a valid reason to keep dormant employment relationships in place. Employers can request for compensation of the transition payment for employees that obtained a dormant employment, even before July 1, 2015. Further to that, employers are obliged to accept termination requests of long-term disabled employees that include compensation equal to the statutory transition payment. » Read More

The Netherlands: Dutch Legislation on Study Costs Clause Tightened

With the enforcement of the Transparent and Predictable Conditions of Employment Act on 1 August 2022, the legislation regarding the study costs clause was also changed. Employers must offer compulsory study and training courses to their employees free of charge. » Read More

The Netherlands: New Limitation on the Prohibition of Ancillary Activities

Subdistrict court rules: new limitation on the prohibition of ancillary activities has immediate effect and also applies to existing contracts. » 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.

Spain: Key Issues

1. Very serious misconduct committed outside the work place and working hours can be subject to disciplinary action and, therefore, to dismissal, when related to the employment relationship.

Spain: Court rules on Very Serious Misconduct Committed Outside the Work Placed

Judgment of the Supreme Court dated 31 May 2022, concerning the legal qualification of a dismissal of an employee who verbally and physically offended co-workers at the Christmas lunch of the company. » Read More

For more information on these articles or any other issues involving labour and employment matters in Spain, please contact Iván Suárez (Partner) of Suárez de Vivero at isuarez@suarezdevivero.com or visit www.suarezdevivero.com.

Switzerland: Key Issues

1. Increasingly restrictive case law of the Federal Supreme Court regarding on-call work in Switzerland.
2. Switzerland: Two weeks adoption leave from 1 January 2023.

Switzerland: On-Call Work in Switzerland: The Federal Supreme Court Confirms its Increasingly restrictive Case Law regarding On-Call Work

Switzerland's Federal Supreme Court recently had to deal again with the problem of unequal power relations in on-call work relationships, in particular with the question whether an employee is entitled to a certain amount of workload. The Supreme Court largely confirmed its increasingly restrictive case law on on-call work (see decision of the Federal Supreme Court of 20 September 2022, BGer 4A_89/2022). Accordingly, the employer could not suddenly refuse the employee's services and deprive her of any remuneration. He would remain liable for wages even if he no longer provided sufficient work for the employee who was willing to accept work. » Read More

Switzerland: Adoptive Mothers and Fathers in Switzerland to Receive Two Weeks of Paid Adoption Leaveees

From 1 January 2023, In the case of an adoption, both parents are currently not entitled to legally regulated leave or compensation for the time when the adopted child is initially settling into the new family. This will change in the future as both adoptive mothers and fathers will have a statutory right to two weeks' paid adoption leave. » 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 Humbert Heinzen Lerch at lerch@hhl-law.ch or visit www.hhl-law.ch.

United Kingdom: Key Issues

1. Termination: settlement agreements.
2. Disability discrimination: the justification defence.
3. Family friendly reforms.
4. Data protection: ICO guidance.
5. Data protection: data breach.

United Kingdom: Settlement Agreements Cannot Settle Unknown Future Claims

The Employment Appeal Tribunal has ruled that settlement agreements cannot settle unknown future claims. » Read More

United Kingdom: Case Raises Issues around Managing Neurodiverse Employees whose decision-making may be Impacted by their Condition

The Employment Appeal Tribunal has ruled that an employer was able to rely on the justification defence in relation to a discrimination arising from disability claim, where the employee’s conduct (for which she was dismissed) was influenced by her disability. » Read More

United Kingdom: Carer's Leave Bill will Introduce a New Entitlement

The government has announced it is backing two Private Members' Bills which extend the protection from redundancy to mothers on family leave and entitle carers to unpaid leave. » Read More

United Kingdom: ICO publishes Draft Guidance on Workers' Health and Monitoring At Work

The Information Commissioner's Office (ICO) has published draft guidance on monitoring at work and on information about workers' health. » Read More

United Kingdom: ICO issues Fine and Warning to Company for Failing to Protect Staff’s Personal Data

The Information Commissioner's Office (ICO) has issued a fine of £4.4 million and a warning to businesses after a company failed to keep their staff’s personal data secure. » 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. As a result of the United States-Mexico-Canada Trade Agreement (USMCA), which required Mexico to enact a labor reform bill similar to the U.S. National Labor Relations Act, unions and workers in Mexico continue to take steps towards labor organizing throughout the country. The USCMA not only requires democratic unions and overhauls the investigation and enforcement of labor laws, but it also requires the establishment of independent unions and sets up new administrative courts and agencies to enforce the law – including allowing complaints to be filed with the U.S. Trade Representative if someone believes a U.S. company operating in Mexico is not adapting to the new legal landscape. Going forward into 2023, companies, especially in manufacturing, should develop sound strategies in the event they are faced with union organizing or a successful union drive in order to remain compliant under the new labor law.
2. Immigration processing delays have been exacerbated during the COVID-19 pandemic. Companies in the manufacturing sector have had to deal with unexpected unpredictability in project planning, as well as increased costs.
3. Drug-free workplace policies, wage and hour obligations, collective bargaining rights, and employee benefit plans providing access to abortion-related treatment are some areas affected by statewide ballot initiatives across the country.

USA: Independent Unions Continue Gains at U.S. Manufacturers in Mexico Under Mexican Labor Law Reform

The United States imported more than $385 billion worth of goods from Mexico in 2021. Mexico is America’s second largest trading partner, and many U.S. manufacturing companies, including the automotive and aerospace companies, have operations there. » Read More

USA: Immigration Delays and How Manufacturers Can Manage Them

For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic. Companies in the manufacturing sector have had to deal with unexpected unpredictability in project planning, as well as increased costs. » Read More

USA: Employers Should Note Post-Midterms State Law Changes

As the final tally of ballots comes in for many electoral races across the country, the outcomes of the various state ballot measures that were also part of the Nov. 8 midterm elections could require changes to employers’ policies and procedures. » 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.

This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice with regard to any specific case. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Action should not be taken on this document alone. For specific advice, please contact a specialist at one of our member firms or the firm that authored this publication.

L&E Global CVBA is a civil company under Belgian law that coordinates an alliance of independent member firms. L&E Global does not provide client services of any kind. Such services are solely provided by the member firms in their respective jurisdictions. In certain circumstances, L&E Global is used as a brand or business name in relation to and by some or all of the member firms. L&E Global CVBA and its member firms are legally distinct and separate entities. They do not have, and nothing contained herein, shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners or joint ventures. No member firm, nor the firm which authored this publication, has any authority (actual, apparent, implied or otherwise) to bind L&E Global CVBA or any member firm, in any manner whatsoever.