Argentina: Key Issues

1. Supreme Court ruling impacts overtime calculation.

Argentina: Supreme Court ruling impacts overtime calculation

The Argentine Supreme Court ruled that both the weekly limit and the daily limit of the working day must be complied, and that if either of the two limits is exceeded, the excess hours must be paid with the corresponding overtime surcharge. » Read More

For more information on these articles or any other issues involving labour and employment matters in Argentina, please contact Nicolás Grandi (Partner) of Allende & Brea at ngrandi@allende.com or visit www.allende.com.

Australia: Key Issues

1. Using ChatGPT in the workplace
2. Risks of using ChatGPT in the workplace including data privacy and confidentiality issues, accuracy and reliability issues, and ownership, intellectual property and moral rights
3. Automation of tasks and roles by AI technology, including consultation requirements and redundancy
4. Implementing policies and procedures on ChatGPT
5. Introduction of paid family and domestic violence leave for employees

Australia: The risks of ChatGPT for employers

There are various risks involved in using ChatGPT in the workplace. Employers should consider implementing suitable policies to mitigate these risks. » Read More

Australia: Employees Entitled to Paid Family and Domestic Violence Leave

Employees (including part-time and casual) of non-small business employers (employers with 15 or more employees) can now access 10 days of paid family and domestic violence leave in a 12-month period. Employees (including part-time and casual) of small businesses (employers with less than 15 employees) can access the leave from 1 August 2023. The Federal Labor government made this their first change in workplace laws in 2023. » 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. General arrangement for the employer to pay a bicycle allowance to employees who use a bicycle for commuting to work.

Belgium: General obligation to compensate employees for home-work commute by bicylce

On January 24, 2023, the social partners of the National Labor Council signed CBA No. 164 regarding the employer's intervention in travel by bicycle between the home and the workplace. This collective bargaining agreement ensures that there is a general obligation for employers to provide compensation to employees who come to work by bicycle. Furthermore, it aims to encourage the use of sustainable means of transportation. » 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.

Brazil: Key Issues

1. Companies must implement measures to prevent and combat sexual harassment and other forms of violence by March 21, 2023.

Brazil: Companies must implement measures to prevent and combat sexual harassment and other forms of violence by March 21, 2023

Brazilian Companies that must set up and maintain CIPA (now called “Internal Committee for Accident Prevention and Harassment”) have until March 21, 2023 to implement measures to prevent and combat sexual harassment and other forms of violence. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Gebriele Lima (Partner) of TozziniFreire at glima@tozzinifreire.com.br or visit www.tozzinifreire.com.br.

Canada: Key Issues

1. Upcoming compliance deadlines for employers under the Accessible Canada Act
2. Court considers tort of human trafficking in employment
3. National Day of Mourning to honour QEII’s passing found not to be a “holiday”

Canada: Preparing for the Accessible Canada Act’s Compliance Deadlines

Federally regulated employers should be aware of upcoming compliance deadlines under the Accessible Canada Act. The first of these deadlines is June 1, 2023. » Read More

Canada: Ontario Superior Court Awards $285,000 to Employee for Supervisor’s Violent and Harassing Conduct

An Ontario court awarded significant damages to an employee who was constructively dismissed as a result of workplace violence and harassment by his supervisor. The decision is notable for being the first employment case in Ontario to consider the tort of human trafficking. » Read More

Canada: BC Arbitrator Finds that the National Day of Mourning Was not a “Holiday”

A labour arbitrator concluded that the National Day of Mourning to mark the passing of Queen Elizabeth II was not a paid “holiday” under several collective agreements. » 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. Supreme Court sets criteria in a ruling regarding dismissal cause of “company needs”.

Chile: Supreme Court sets criteria in a ruling regarding dismissal cause of “company needs”

On January 17th, 2023, the Supreme Court issued a ruling that the business termination cause ("company needs") is applicable should certain technical or economic aspects concur. The Court continues declaring that due to its objective nature, the dismissal ground cannot be based on the simple will of the employer. It requires to be based on serious situations that show that it was necessary to adopt modernization or rationalization processes in the operation of the company, in adverse economic circumstances, such as low productivity or changes in market conditions. » 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 substantive examination of competitive relationship in non-compete disputes
2. Pilot innovation on foreign-related labor dispute handling system in Hainan Province

China: The Supreme People's Court clarified substantive examination of competitive relationship in non-compete disputes

The No. 1 Intermediate People's Court of Shanghai Municipality held that the examination of competitive relationship should not be based only on the registered business scope of the companies, but also a comprehensive review in whether the actual business content, service targets, product purchasers or the corresponding markets are overlapping between the companies. This case was cited by the Supreme People's Court as a guiding case. » Read More

China: Pilot innovation on foreign-related labor dispute handling system in Hainan Province

Hainan Provincial Human Resources and Social Security Department, the Provincial Foreign Affairs Office and other 10 departments jointly issued the Opinion on Handling the Foreign-Related Labor Disputes ("Opinion").  The Opinion mainly involves the establishment of foreign-related labor dispute mediation mechanism, innovation of the foreign-related labor dispute arbitration mechanism and improvement of the foreign-related labor dispute prevention mechanism. » 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.

Czech Repulic: Key Issues

1. Last September we informed you of major changes that the Czech employment law is to undergo as a result of the amendment to the Labour Code and related labour regulations.

Czech Republic: Changes in the draft amendment to the labour code

The Ministry of Labour and Social Affairs of the Czech Republic dealt with hundreds of comments that were received on the original draft amendment to the Labour Code and submitted a modified draft to the Government at the end of January this year. Below we summarise the main changes brought about by the draft. We suppose that the amendment could come into effect this autumn; some of the proposed changes are scheduled to come into effect from 1 January 2024. » 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. New Law of Nullity (Cassation) Proceeding before the Supreme Court of Justice.

Dominican Republic: New Law of Nullity (Cassation) Proceeding before the Supreme Court of Justice

President Abinader promulgates, on January 17, Law number 2-23, which regulates the Nullity Proceeding before the Supreme Court of Justice in civil, commercial, labor, real estate, administrative, and tax matters. » 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. Prohibition of discrimination offers broad protection for self-employed service providers.

EU: Prohibition of discrimination offers broad protection for self-employed service providers

In a judgment of 12 January 2023, the CJEU confirmed that the refusal to offer further service agreements to a self-employed person, based on the sexual orientation of the service provider, can indeed constitute a prohibited direct discrimination. » 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.

Germany: Key Issues

1. Federal Labour Court answers the ECJ rulings on questions concerning entitlements to paid annual leave.
2. Limitation of entitlement to remuneration in case of default in acceptance.

Germany: Forfeiture of paid annual leave entitlements and compensation claims

If the employer fails to comply with the obligation to provide information on remaining leave entitlements to the employees and to instruct them to take their leave, entitlements to paid annual leave are not subject to standard limitation periods. This does not apply to the forfeiture of claims for financial compensation for prior paid annual leave entitlements after an employment relationship ends. » Read More

Germany: Obligations of employee to look for new job after termination

Two Regional Labour Courts specified the requirements for the level of effort an employee, whose services where not accepted in default by the employer, needs to make to find use for his labour elsewhere in order to stay entitled to remuneration even without providing their services to the employer. » 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. The inquiry of the Internal Committee cannot be quashed merely because the proceedings were not concluded within the prescribed time frame.

India: The inquiry of the Internal Committee cannot be quashed merely because the proceedings were not concluded within the prescribed time frame

The High Court of Delhi, on January 05, 2022, determined that the proceedings, based on a sexual harassment complaint, cannot be quashed merely because the Internal Committee failed to complete the inquiry within 90 days. » 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. Parent-employees who request flexible working arrangements cannot be sanctioned, demoted, dismissed, transferred or subjected to other organizational measures that worsen their working conditions. In case of breach, it could be considered as an act of retaliation or discrimination.

Italy: What are the changes in regulations to ensure that working fathers can take a more proactive role in family responsibilities?

The implementation of the Directive (EU) 2019/1158 on work-life balance expanded the range of rights to help working parents and improve their work-life balance. Among its objectives there is also the purpose to encourage a more equal sharing of caring responsibilities between women and men. » 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. The wage index has increased from 877.01 points to 898.93 points as of 1st February 2023.

Luxembourg: Wage indexation on 1st February 2023

Wage indexation and adaptation of the thresholds and ceilings. » 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. 

Poland: Key Issues

1. The Act introducing remote work to Polish egal system has been announced.

Poland: The Act introducing remote work to Polish egal system has been announced

On February 6^th 2023 the act amending the Labour Code and certain other acts was announced on the official journal of laws, which means that the time limits for entry into force of the act shall run from that date. The provisions concerning remote work shall come into force two months after the date of publication. » 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.

Spain: Key Issues

1. This judgment sets an important precedent allowing dismissed employees to include a further claim for additional compensation in their dismissal lawsuits, without the need to prove the violation of a fundamental right.

Spain: The High Court of Justice of Catalonia awards a dismissed employee a complementary payment on top of the statutory severance payment

Judgment of the High Court of Catalonia dated January 30, 2023, declares a dismissal produced during the pandemic as unfair and grants a complementary severance payment since the statutory compensation did not have a sufficient dissuasive effect. » 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.

Sweden: Key Issues

1. The Labour court rules on legal grounds for sex discrimination and disfavouring pursuant to the Discrimination Act and the Parental Leave Act after an internal recruitment.

Sweden: The Labour court rules on legal grounds for sex discrimination and disfavouring pursuant to the Discrimination Act and the Parental Leave Act after an internal recruitment

An employer internally recruited a male employee for the position as team economist. Two women, who were not hired, claimed that they had been discriminated on the basis of their sex pursuant to the Discrimination Act. The case also concerned the question whether one of the women had been disfavoured due to her parental leave pursuant to the Parental Leave Act. » 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.

United Kingdom: Key Issues

1. Redundancy: pool of one
2. Disability discrimination: dismissal for long-term sickness absence
3. Privacy: Misuse of employee’s private WhatsApp messages
4. New government consultations: holiday pay and “fire and re-hire”
5. Menopause and the workplace – government rejects call to make menopause a new protected characteristic

United Kingdom: Redundancy: pool of one

The Employment Appeal Tribunal (EAT) has found it was wrong to assume that a redundancy dismissal was inevitable and that nil compensation should have been awarded. » Read More

United Kingdom: Disability discrimination: dismissal for long-term sickness absence

The Employment Appeal Tribunal has found that dismissal for poor attendance arising from disability was objectively justified. » Read More

United Kingdom: Privacy: Misuse of employee’s private WhatsApp messages

The High Court has considered whether there can be a reasonable expectation of privacy in private WhatsApp messages found at work. » Read More

United Kingdom: New government consultations: holiday pay and “fire and re-hire”

In January 2023, the UK government launched both (i) a consultation on calculating holiday entitlement for part-year and irregular hours workers, and (ii)  a consultation on a new draft Statutory Code of Practice on Dismissal and Re-engagement, where it is used as a means of imposing changes to terms and conditions of employment. » Read More

United Kingdom: Menopause and the workplace – government rejects call to make menopause a new protected characteristic

The UK government has rejected a call to make the menopause a new protected characteristic under the Equality Act 2010. This and other conclusions are set out in the government’s Response to the Women and Equalities Committee’s Report on menopause and 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. Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?
2. A Deeper Dive Into FTC’s Proposed Non-Compete Rule.
3. Bipartisan Bill to Ban Most Non-Compete Agreements Reintroduced in U.S. Senate.

USA: Will U.S. Supreme Court Place an Undue Hardship on Employers When It Decides Groff v. DeJoy?

The U.S. Supreme Court is set to consider whether its own definition of “undue hardship” with respect to religious accommodation requests, which employers have relied upon for more than 45 years, remains valid when it hears oral argument in Groff v. DeJoy, No. 22-174. » Read More

USA: A Deeper Dive Into FTC’s Proposed Non-Compete Rule

The Federal Trade Commission (FTC) proposed a new rule that, if made final, would (at least on its face) effectively prohibit non-compete agreements other than in very limited circumstances. The proposed rule, which would supersede all contrary state laws, is remarkable for its sweeping definition of “non-compete clauses” that fall within the ban. Employers that use restrictive covenants understandably are nervous about the FTC’s proposed rule. It is still early in the process, however, and the provisions of a final rule are in flux. » Read More

USA: Bipartisan Bill to Ban Most Non-Compete Agreements Reintroduced in U.S. Senate

A bipartisan group of U.S. Senators has reintroduced a bill, dubbed the “Workforce Mobility Act of 2023,” that would largely ban the use of employer non-compete agreements nationwide as a matter of federal law. This follows on the heels of the proposed rule by the Federal Trade Commission (FTC) that would make most employment non-compete agreements, as well as “de facto” non-competes, an unfair or deceptive trade practice under federal law. » 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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