Argentina: Key Issues

1. Bill for a new labour reform.

Argentina: Bill for a New Labour Reform

In February 2026, the Senate passed a bill proposing several labour law reforms. The bill will now be reviewed by the Chamber of Deputies for its final approval. » 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. Return to work mandates and managing requests for flexible working arrangements.

Australia: Return-To-Office Mandates: Are Employers Still in Control?

A recent decision of the Fair Work Commission has confirmed that a direction by an employer to an employee to work in the office rather than at home can be a reasonable and lawful direction. But other Fair Work Commission rulings clarify that where the employee is making a request under statutory flexible work provisions, employers must strictly follow statutory procedures and provide evidence-based reasons when refusing a flexible work request to work from home. In such cases, an employee’s request can only be lawfully refused if all legal preconditions are met. » 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. Social criminal law: higher fines and clearer consequences of aggravating factors.

Belgium: Social Criminal Law: Higher Fines and Clearer Consequences of Aggravating Factors

On 19 December 2025, the Belgian legislator adopted an Act regarding some reforms to the social criminal law. This Act entered into force on 1 February 2026 and applies to offences committed from that date onwards. » 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. WSIAT confirms stress arising from employee’s own criminal conduct is not compensable.
2. Age-65 disability benefit limit upheld: Ontario human rights tribunal maintains status quo.

Canada: WSIAT Confirms Stress Arising from Employee’s Own Criminal Conduct is Not Compensable

The Workplace Safety and Insurance Appeals Tribunal (“Tribunal”) has confirmed that employee stress resulting from the employer’s discovery of the employee’s own criminal misconduct cannot be disguised as a compensable workplace injury or a recurrence of a prior Post-Traumatic Stress Disorder (“PTSD”) entitlement. » Read More

Canada: Age-65 Disability Benefit Limit Upheld: Ontario Human Rights Tribunal Maintains Status Quo

Mandatory retirement was eliminated in Ontario with the passage of Bill 211 in 2006; however, many employment-related benefits continue to draw distinctions based on age, typically using the age of 65 as the line of demarcation. » 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.

China: Key Issues

1. Ministry of Human Resources and Social Security released the minimum wage standards across all provinces, autonomous regions and municipalities (as of 1 January 2026).
2. Beijing HR bureau warns: employers cannot use “trap clauses” in termination agreements.

China: Ministry of Human Resources and Social Security Released the Minimum Wage Standards Across all Provinces, Autonomous Regions and Municipalities (as of January 1, 2026) 

On January 12, China’s Ministry of Human Resources and Social Security released updated minimum wage standards. The document details monthly and hourly rates by region and tier, with Shanghai leading monthly wages and Beijing ranking highest for hourly minimum wages nationwide. » Read More

China: Beijing HR Bureau Warns: Employers Cannot Use “Trap Clauses” in Termination Agreements

Under Article 50 of Employment Contract Law of People’s Republic of China (the “Employment Contract Law”), an employer shall pay severance in a lump sum upon terminating the employment relationship. In this case, Mr. Chen and a trading company (the “Company”) signed a Mutual Termination Agreement on 10 December 2019, agreeing to terminate their employment relationship. The Company agreed to pay him RMB 38,000 in severance, with the payment contingent upon the unfreezing of the company’s bank account.  After four years of waiting without payment, Mr. Chen applied for arbitration, while the Company claimed the payment condition was unmet. The key issue was the validity of the supplementary clause. The Beijing Labour Arbitration Commission held the clause improperly shifted the Company’s operational risks to Mr. Chen, impairing his rights. It was deemed a grossly unfair “trap clause” and invalid under Article 26 of the Employment Contract Law, and the Company was ordered to pay the severance. » 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. Supreme Court expands the scope of pre-retirement employment stability (Decision SL2600-2025).

Colombia: Supreme Court Expands the Scope of Pre-Retirement Employment Stability (Decision SL2600-2025)

The origin of pre-retirement employment stability (fuero de prepensionado) can be traced back to Article 12 of Law 790 of 2002, which established a specific protection for public servants who were three (3) years or less away from meeting the age and service time requirements to qualify for an old-age pension. The purpose of this protection was to prevent their pension rights from being frustrated as a result of institutional restructuring processes. » 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

Czech Republic: Key Issues

1. Two distinct instances of temporarily assigning employees under the Czech Labour Code.

Czech Republic: Two Distinct Instances of Temporarily Assigning Employees Under the Czech Labour Code

The concepts of general temporary assignment governed by Section 43a of the Czech Labour Code and agency employment share similar aspects. Nevertheless, the Czech Labour Code distinguishes them significantly and regulates their relationship to prevent their misuse in practice. » 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.

European Union: Key Issues

1. CJEU rules on third-country work and the 25% rule for cross-border employment.

European Union: CJEU Rules on Third-Country Work and the 25% Rule for Cross-Border Employment

When workers split their time between EU Member States, Switzerland, and countries outside the EU, determining which social security system applies can become surprisingly complex. In its judgement of 11 December 2025 in Case C-743/23, A v. GKV-Spitzenverband, the CJEU addressed a question that had divided national authorities for years: should work performed in non-EU third countries be factored into the 25% “substantial activity” test under the EU social security coordination rules? According those rules, if a worker works 25% or more in his country of residence, the social security of that country applies. » 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. Workplace CCTV and data privacy.
2. Increased controls on the use of independent contractors.
3. Employees’ freedom of speech in the workplace.
4. Changes in variable pay.

France: One in Five French Data Privacy Sanctions in 2025 Tied to Workplace CCTV

The French Data Privacy Agency (CNIL) sanctioned 16 organizations for having implemented CCTV systems in the workplace which were not compliant with French data privacy and GDPR rules. The fines ranged from 5,000 to 100,000€. » Read More

France: French Labour Inspectorate to Crack Down on Unjustified Use of Independent Contractors 

The French Labour Inspectorate announced on February 16, 2026, that it will be running a national campaign which aims to monitor the use of independent contractors by companies and in particular in the retail, hospitality and events industries. » Read More

France: French Supreme Court Clarifies Employers’ Right to Dismiss Workers Who Speak Out at Work

In 3 recent cases dated 14 January 2026, the French Supreme Court has slightly changed its position on the way lower courts can decide if employees can be dismissed on the grounds that they went beyond their fundamental right to freedom of expression in the workplace. » Read More

France: Adding New Commercial Accounts to Variable Pay Basis May Alter Employment Contracts 

On 7 January 2026, the French Supreme Court ruled that expanding the number of accounts used to calculate an employee’s variable remuneration may constitute a modification of the employee’s contractual terms. » 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.

Germany: Key Issues

1. Travel times needed for employees to travel from a specified meeting point to their place of work and back are to be considered working time in terms of the EU Working Time Directive.
2. If employers offer a salary increase in order to incentivize the signing of new employment contracts, they may only exclude non-signing employees from the salary increase on this one occasion.

Germany: Scheduled Journeys Between a Work Site and a Meeting Point Specified by the Employer are Considered Working Time in Terms of the EU Working Time Directive

The time spent on outward and return journeys, which workers are required to undertake as a group in order to travel from a specific place, determined by the employer, to the place where the essential work is performed, must be regarded as 'working time' in terms of the EU Working Time Directive. This applies in particular if the journeys are made at a time specified by the employer and in a vehicle belonging to that employer. » Read More

Germany: Salary Increases Offered in Return for Signing New Employment Contract do not Justify Unequal Treatment of Non-signing Employees in Further Salary Increase Rounds

If salary increases are used to incentivize employees to sign new employment contracts, the employer may exclude employees who have not signed from the increase. However, if the employer subsequently increases salaries again, excluding employees who haven’t signed the new contract is not in line with the principle of equal treatment under German labour law. » 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.

Indonesia: Key Issues

1. Mandatory job vacancy reporting for employers.

Indonesia: Mandatory Job Vacancy Reporting for Employers

On 10 February 2026, the Minister of Manpower (“MoM”) issued a MoM Circular Letter No. M/1/HK.04/II/2026 on Employers’ Obligation to Report Job Vacancies (“MoM CL 1/2026”). This circular letter reinforces the implementation of Presidential Regulation No. 57 of 2023 on Mandatory Job Vacancy Reporting (“PR 57/2023”). The MoM CL 1/2026 emphasizes the obligation for employers to report any job vacancies and filled positions (Articles 4, 6, and 8 of PR 57/2023). Reports shall be submitted to the MoM via SIAPkerja system. Employers that fully comply may receive an award, while non-compliant employers may be subject to administrative sanctions in the form of written warnings (Articles 14 and 15 of PR 57/2023). » Read More

For more information on these articles or any other issues involving labour and employment matters in Indonesia, please contact Marshall Situmorang (Partner) of Nusantara Legal Partnership at marshall.situmorang@nusantaralegal.com or visit https://nusantaralegal.com/.  

Ireland: Key Issues

1. Updated code of practice on access to part-time working.

Ireland: Updated Code of Practice on Access to Part-Time Working  

The updated 2026 Code of Practice on Access to Part Time Working (the “Code”) modernises the previous 2006 framework, providing clearer guidance to employers and employees on facilitating part time arrangements in line with the Protection of Employees (Part Time Work) Act 2001. It emphasises equal treatment, transparent decision making processes, and the need to consider part time work at all organisational levels while balancing legitimate operational needs. The government also encourages employers to review policies and publish gender balanced data to promote fair access to flexible work. » 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 www.byrnewallaceshields.com/.

Italy: Key Issues

1. The limit of expression of opinions in the exercise of trade union activities.

Italy: The Limit of Expression of Opinions in the Exercise of Trade Union Activities 

The expression, during the exercise of trade union activities, of opinions extended even to political sphere is legitimate, on condition that the limits of formal and substantive restraint and the principle of relevance are respected. » 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. What the new coalition agreement “Get to work, building a better Netherlands” means for the labour market.

The Netherlands: What the New Coalition Agreement “Get to work, building a better Netherlands” Means for the Labour Market

The new coalition agreement between the political parties D66, VVD and CDA sets out a clear direction for the Dutch labour market. The proposed policy measures will affect employers, employees and self-employed workers. Over the coming four years, significant changes are expected in the regulatory framework governing social security, leave entitlements, sickness and incapacity for work, flexible forms of employment, labour migration and tackling of false self-employment. » 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.

Philippines: Key Issues

1. Hiring by algorithm: what Philippine employers need to know about AI in recruitment.

Philippines: Hiring by Algorithm: What Philippine Employers Need to Know About AI in Recruitment

Philippine employers are increasingly using AI-powered tools to support recruitment — from résumé parsing and candidate ranking to automated interview scheduling and skills assessments. The efficiency gains are real, and the adoption is likely to continue. What has not kept pace is regulatory clarity. » 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.

Poland: Key Issues

1. New draft amendments to the State Labour Inspectorate Act.
2. Draft new provisions on workplace harassment (mobbing).
3. Digitalisation of sick care benefit applications.
4. Increases in business travel allowances.

Poland: New Draft Amendments to the State Labour Inspectorate Act

In January 2026, the Prime Minister announced that work on the draft expanding the powers of the State Labour Inspectorate (PIP) would not continue. Ultimately, however, work resumed in a modified form and a new version of the draft amendment was published. » Read More

Poland: Draft New Provisions on Workplace Harassment (Mobbing)

The Council of Ministers has adopted a draft bill amending the Labour Code with regard to workplace bullying. » Read More

Poland: Digitalisation of Sick Care Benefit Applications

On 13 February 2026, the Sejm passed an amendment to the Act on cash benefits from social insurance in the event of sickness and maternity simplifying the rules for submitting applications for benefits under sickness insurance, including sick care benefit (received when caring for a sick child or other family member). The act will now be referred to the Senate and will enter into force three months after publication in the Journal of Laws. » Read More

Poland: Increases in Business Travel Allowances

A draft regulation amending the rules for settling business travel expenses has been published. » 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. Work permits for animal care gain ground through case law.
2. The impact of AI as a justifiable cause For dismissal.

Spain: Work Permits for Animal Care Gain Ground Through Case Law

The ruling of the Social Section of the Court of First Instance of Barcelona (seat no. 25), dated 28 January 2026 (ECLI:ES:TIS:2026:2) has declared the disciplinary dismissal of a contact centre worker to be unfair, considering that, of the four absences charged as unjustified, only two could be classified as such. » Read More

Spain: The Impact of AI as a Justifiable Cause For Dismissal

The ruling of the High Court of Justice of Castile and León (Valladolid) of 15 September 2025 (Roj: STSJ CL 3529/2025 – ECLI:ES:TSJCL:2025:3529) confirms the validity of an objective dismissal on economic and productive grounds in a company in the translation sector affected by the introduction of machine translation and artificial intelligence. » 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. Swedish labour court confirms bankruptcy estates must observe trade unions’ right to consult.

Sweden: Swedish Labour Court Confirms Bankruptcy Estates Must Observe Trade Unions’ Right to Consult

In a recent case from the Swedish Labour Court, a bankruptcy estate, acting through the trustee, was confirmed to be bound by the general duty to consult under Section 10 of the Co Determination in the Workplace Act (MBL). Labour law, including MBL and collective and individual employment agreements, continues to apply after an employer has been declared bankrupt. » 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. COT3: future claims.
2. Disability discrimination: substantial and long-term adverse effect.
3. Unfair dismissal: reforms.
4. Employment Rights Act 2026: timetable for implementation.
5. Flexible working: consultation published.

United Kingdom: COT3: Future Claims

The Employment Appeal Tribunal has ruled that a COT3 barred a future whistleblowing detriment claim based on the same the protected disclosures. » Read More

United Kingdom: Disability Discrimination: Substantial and Long-Term Adverse Effect

A recent Employment Appeal Tribunal decision considers a disability discrimination claim brought by an employee with endometriosis. » Read More

United Kingdom: Unfair Dismissal: Reforms

The UK Government has confirmed when the unfair dismissal reforms will come into effect. » Read More

United Kingdom: Employment Rights Act 2026: Timetable for Implementation

The UK Government has published an updated timeline for the implementation of their workplace law changes under the Employment Right Act. » Read More

United Kingdom: Flexible Working: Consultation Published

On 5 February 2026, the UK Government published its consultation on improving access to flexible working. » 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. EEOC’s recent FAQs for federal sector agencies regarding remote work for disabled employees: How do these FAQs impact private employers?
2. Navigating 2026: pay transparency laws and employer obligations.
3. EEOC rescinds enforcement guidance on harassment in the workplace.
4. 2026 employee data reporting requirements: Are employers ready?

USA: EEOC’s Recent FAQs for Federal Sector Agencies Regarding Remote Work for Disabled Employees: How Do These FAQs Impact Private Employers?

The question of how to return to or maintain in-person work while satisfying legal accommodation obligations for disabled employees is one federal agencies and many private employers have faced. » Read More

USA: Navigating 2026: Pay Transparency Laws and Employer Obligations

Employers across the United States are contending with a growing set of state and local laws designed to advance pay equity through greater transparency. Although the federal Equal Pay Act and Title VII of the Civil Rights Act provide the foundation for pay equity, many states have taken the lead in adopting broader requirements. » Read More

USA: EEOC Rescinds Enforcement Guidance on Harassment in the Workplace

On Jan. 22, 2026, the Equal Employment Opportunity Commission (EEOC) held an open Commission Meeting during which a majority of the commissioners voted to rescind the EEOC’s “Enforcement Guidance on Harassment in the Workplace” (Harassment Guidance). In a 2-1 vote, the Commission rescinded the Harassment Guidance in its entirety. Chair Andrea Lucas and Commissioner Brittany Panuccio voted to rescind the Guidance. Commissioner Kalpana Kotagal opposed the vote to rescind. » Read More

USA: 2026 Employee Data Reporting Requirements: Are Employers Ready?

As employers plan for their compliance year ahead, workforce data reporting obligations continue to be a major concern. In some states, filing obligations have expanded beyond basic Employer Information Report EEO-1 reporting, as is required by the Equal Employment Opportunity Commission (EEOC) to include state-specific disclosure obligations. Early planning and careful coordination are critical to ensure thoughtful and practical compliance. » 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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