Argentina: Key Issues

1. The childcare benefit is extended until children reach four years of age.

Argentina: The childcare benefit is extended until children reach four years of age

On March 23, 2023, Decree No. 144/2022 was published, which regulated article 179 of the Labor Contract Law regarding the childcare service to be provided by companies. » 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. Employers award obligations to pay minimum rates of pay and the Fair Work Act 2009 (Cth) obligation to maintain an employee’s base rate of pay during periods of annual leave and public holidays. Offsetting of contractual entitlements against statutory entitlements.

Australia: Setoffs in Defence of Underpayment Claims – Latest Full Federal Court Decision

In February 2023, the Full Court of the Federal Court handed down its decision in Wardman v Macquarie Bank Ltd [2023] FCAFC 13. The case concerned whether payments made by the employer to the employees under their employment contract offset their entitlements under the relevant Award regarding wages, leave payments and leave loading. This decision overturned findings at first instance, made it clear that where there is ambiguity over whether a payment under a contract can offset Award entitlements, there needs to be a determination of the objective intent of the payments under the contract, and then a secondary determination of whether that intent is sufficiently similar to the entitlements under an Award or statutory provision. » 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. New changes to Discrimination law and bullying at work: extension of protection rules.

Belgium: New changes to Discrimination law and bullying at work: extension of protection rules

On 16 February 2023, the act amending the various discrimination laws and welfare laws was approved by the Belgian parliament (Federal Chamber). » 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. Significant amendments proposed for Ontario’s employment-related legislation
2. New statutory holiday announced for provincially regulated employers in British Columbia
3. Certain types of business consultants and IT consultants are now excluded from the application of Ontario’s employment standards laws
4. Intentional non-compliance with a mandatory vaccination policy found to give rise to frustration of the employment contract
5. Ontario Court of Appeal applies the “change of substratum” doctrine in the employment context
6. Ontario Court of Appeal clarifies the law of defamation in the context of a workplace investigation
7. Canada: Curtis v Medcan: a vacation and holiday pay class action wake-up call

Canada: Round 3: Ontario Proposes Statutory Amendments Impacting Employers in the Working for Workers Act, 2023

On March 20, 2023, an omnibus bill was introduced to amend multiple employment-related statutes in Ontario. Provincially regulated employers in Ontario should be aware of the proposed changes to employment standards, occupational health and safety, and rules regarding the employment of foreign nationals. » Read More

Canada: National Day for Truth and Reconciliation Is Now a Public Holiday in BC

September 30^th will now be observed as a public holiday in British Columbia to recognize the National Day for Truth and Reconciliation. » Read More

Canada: New Business and IT Consultant Exclusion under the Employment Standards Act, 2000

Certain types of business consultants and IT consultants are now excluded from the application of Ontario’s employment standards laws. » Read More

Canada: Court Confirms that Refusal to Obtain COVID-19 Vaccination Amounts to Frustration of Contract

An Ontario court has found that an employee’s refusal to comply with a mandatory COVID-19 vaccination policy can constitute frustration of the employment contract. » Read More

Canada: Court of Appeal: Employees Can Outgrow Employment Contracts without Formal Promotion

The Ontario Court of Appeal recently found an employment termination clause unenforceable due to gradual increases to an employee’s job responsibilities. » Read More

Canada: Findings from Workplace Investigation Not Defamatory, Says Court of Appeal for Ontario

In a recent decision, the Ontario Court of Appeal explains when workplace investigations will be considered “matters of public interest” that may be protected by anti-SLAPP laws. The decision also discusses when legal privilege may attach to an investigator’s report. » Read More

Canada: Curtis v Medcan: a vacation and holiday pay class action wake-up call

The Ontario Divisional Court certified a class action against an employer for unpaid vacation and holiday pay calculated on employees’ variable compensation. The decision highlights key principles regarding the calculation of statutory entitlements and the increasing trend of class actions relating to employment standards. » 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. The Supreme People's Court held that the Employer shall show proper kindness and tolerance when the Employee asks for leave to take care of seriously ill family member
2. The Ministry of Human Resources and Social Security issued the Trial Guidelines on the Conclusion of Employment Contracts and Written Agreements for Employees in New Employment Form

China: The Supreme People's Court held that the Employer shall show proper kindness and tolerance when the Employee asks for leave to take care of seriously ill family member

The Court held that it is illegal and unreasonable for the Employer to terminate the employment contract on the grounds of Employee's absenteeism after the employee has requested leave from his direct supervisor and the human resources department of the employer due to his family member's serious illness. This case was cited by the Supreme People's Court as one of the typical civil cases of vigorously promoting socialist core values. » Read More

China: The Ministry of Human Resources and Social Security issued the Trial Guidelines on the Conclusion of Employment Contracts and Written Agreements for Employees in New Employment Form

The Trial Guidelines on the Conclusion of Employment Contracts and Written Agreements for Employees in New Employment Form (“Guidelines”) regulate the relationship between Employees in New Employment Form, Employers and Internet Platforms, guide enterprises to enter into employment contracts and written agreements with Employees in New Employment Form in accordance with the law and promote the development of flexible employment and part-time employment. » 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. Labour Reform Bill filed on March 16^th of 2023.

Colombia: Labour reform Bill and its potential impact on the business model

On March 16^th of 2023, the national Government filed before the Congress the Labour Reform Bill 367 of 2023. Here are the main matters that are being discussed with the aim of partially reform the Substantive Labour Code, Law 50 of 1990, Law 789 of 2002 and other labour law regulations, along with its potential impact on the business scheme, that we classified into: Structural, Individual and Collective issues. » Read More

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

Dominican Republic: Key Issues

1. The National Wage Committee raised 19% to the minimum wage.

Dominican Republic: The National Wage Committee raised 19% to the minimum wage

On March 8, 2023, in a meeting led by President Luis Abinaderm the National Wage Committee, in consensus with unionists and the national business community, agreed to increase the minimum wage by 19% for non-sectorized private employees. » 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. Upcoming EU Directive on equal pay and pay transparency to combat the gender pay gap.

EU: Upcoming EU Directive on equal pay and pay transparency to combat the gender pay gap

At the end of 2022 the European Parliament and Council reached a political agreement on the proposal for a directive to strengthen the application of the principle of equal pay for equal work or work of equal value between men and woman through pay transparency and enforcement mechanisms. This Directive aims to ensure that women and men in the European Union are paid equally for equal work. » 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. The French pension reform: the bill is adopted
2. Equality of treatment: nominative payslips can be obtained by the employee to prove her case
3. New obligations regarding the establishment of payslips

France: The French pension reform: the bill is adopted

The bill on the French pension reform has been adopted through a specific process under which the government engaged its liability. The text is now under review by the French Constitutional Court. » Read More

France: Equality of treatment: nominative payslips can be obtained by the employee to prove her case

In order to obtain the proof necessary to demonstrate an inequality of treatment, a female employee can obtain the communication by her employer, through the judge’s order, of payslips of male colleagues occupying jobs of a comparable level; indicating their names, their classification and their monthly and annual remuneration. » Read More

France: New obligations regarding the establishment of payslips

New obligations will shortly be applicable to employers when establishing their employees’ payslips: both in the short term (July 2023) and in the longer term (January 2025). » 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. Federal Labour Court rules on deviating remuneration for men and women in comparable positions
2. ECJ confirms that national requirements for the dismissal of a data protection officer can go beyond GDPR standard

Germany: “Negotiation skills” do not justify deviating remuneration of men and women in comparable positions

If an employer pays male employees more than female employees for the same or equal work, female employees are entitled to the same remuneration than their male colleagues. The deviating salary amount cannot be justified by “negotiation skills” of a male employee. » Read More

Germany: National law may provide for stricter requirements for the dismissal of a data protection officer than the GDPR

National law can set stricter requirements for the dismissal of a data protection officer than the GDPR. If the requirements for a dismissal are met is to be determined by the national courts. » 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. Karnataka Government passes the Factories (Karnataka Amendment) Bill, 2023

India: Karnataka Government passes the Factories (Karnataka Amendment) Bill, 2023

The Karnataka Legislative Assembly passed the Factories (Karnataka Amendment) Bill, 2023, which proposes certain amendments under the Factories Act, 1948, such as a relaxation on the restriction imposed on women working in night shifts and changes in working hours, intervals of rest, and payment of overtime wages to workmen. » 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. Dismissal of a person who made remarks to colleague about her sexual orientation

Italy: Dismissal of a person who made remarks to colleague about her sexual orientation

Italian Supreme Court stated that the use of improper and mocking expressions about sexual orientation of a colleague can justify the dismissal of the employee. » 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/. 

Poland: Key Issues

1. Remote working will not deprive employees of the right to higher deductible costs for living in another municipality

Poland: Remote working will not deprive employees of the right to higher deductible costs for living in another municipality

On April 7^th 2023 the provisions on remote work will enter into force. In its recent recommendation the Ministry of Finances has confirmed that performance of remote work will not deprive employees of the right to higher deductible costs for living in another municipality that the location of the workplace. This results in higher net salary for those employees. » 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. The High Court of Justice of Cantabria recognizes the suicide of an employee, which occurred outside the company and outside working hours, as a work-related accident.

Spain: The High Court of Justice of Cantabria recognizes the suicide of an employee, which occurred outside the company and outside working hours, as a work-related accident

Judgment of the High Court of Cantabria dated February 28, 2023, declares that the suicide of an employee, despite having occurred outside working hours and outside the company's premises, is an accident at work, since the cause of the suicide was due to the harassment proceedings in the company in which he had been accused. » 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. Labour Court rules on so-called provoked resignation

Sweden: Labour Court rules on so-called provoked resignation

A store assistant, G.R.P., resigned and her union claimed the resignation to be prompted by the actions of the company´s store management and, as such, to be considered as a dismissal by the company, a so-called provoked resignation. The Labour Court concluded that it had not been proven that the company had acted improperly or in violation of good practice on the labour market and thus that the resignation should be deemed a provoked resignation. » Read More

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

Switzerland: Key Issues

1. Vacation Pay: Swiss Federal Supreme Court Clarifies Case Law on Prohibition of Continuous Compensation of Vacation through Wage Supplements
2. Minimum Wage: Upcoming Vote on CHF 23.90 Hourly Minimum Wage in the City of Zurich

Switzerland: Swiss Federal Supreme Court Clarifies Case Law on Prohibition of Continuous Compensation of Vacation through Wage Supplements

Swiss Law (art. 329d CO) prohibits continuous compensation of vacation through wage supplements (e.g. 8.33% supplement on the hourly wage for 4 weeks of vacation). Previous case law of the Federal Supreme Court allowed deviations from this mandatory provision in the case of irregular employment. The Federal Supreme Court has now clarified that the exception does not apply in case of full-time employment where monthly salary payments vary. With the recent decision the Swiss Federal Supreme Court appears to go back to its restrictive practice on vacation pay and employers should be careful when they compensate vacation wages through wage supplements. » Read More

Switzerland: Minimum Wage: Upcoming Vote on CHF 23.90 Hourly Minimum Wage in the City of Zurich

On March 1, 2023 the Zurich City Parliament decided to introduce a minimum wage of CHF°23.90 per hour (roughly CHF 4’000 per month) for employees working in the city of Zurich. A conservative alliance together with the trade and business association has launched a referendum against the introduction of a minimum wage. As a result, the voters of Zurich City will soon have to decide on the introduction of a minimum wage in their town. The vote will most likely be held in June 2023. » 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. Unfair dismissal – reopening disciplinary proceedings
2. Unfair dismissal - without prejudice letter amounted to a dismissal
3. Four-day working week trial results – 92% of companies participating to continue with four-day week 
4. UK government backs plans for a new right to request a predictable working pattern
5. UK employment Tribunal delays

United Kingdom: Unfair dismissal – reopening disciplinary proceedings

The Employment Appeal Tribunal (EAT) has decided that it was not unfair for an employer to reopen disciplinary proceedings and dismiss for matters that an employee had already been given a final warning for. » Read More

United Kingdom: Unfair dismissal - without prejudice letter amounted to a dismissal

The EAT has agreed with a tribunal that a letter marked "without prejudice", which referred in error to the employee's employment terminating by mutual agreement and enclosed a proposed settlement agreement, was sufficiently clear and unambiguous to dismiss the employee. » Read More

United Kingdom: Four-day working week trial results – 92% of companies participating to continue with four-day week 

The results are in following a trial of a four-day working week, which saw employees receive 100% of their usual pay whilst working a shortened week. More than 9 out of 10 of the companies participating plan to continue with four-day week. » Read More

United Kingdom: UK government backs plans for a new right to request a predictable working pattern

In a move designed to combat ‘one-sided flexibility’, where workers are often on standby for work that never comes, the UK government has announced that it is backing a Private Member’s Bill that would give workers a right to request a predictable working pattern if it becomes law. » Read More

United Kingdom: UK Employment Tribunal delays

What is the average waiting time from an Employment Tribunal claim being brought to a hearing? The answer was 49 weeks on average in 2021 – that is almost a year and up significantly on pre-COVID-19 figures. » 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. Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA
2. Labor Board Reinstates Standard Restricting Employee Severance Agreements
3. U.S. Supreme Court Holds Employees Paid on a ‘Day Rate’ Basis Are Entitled to Overtime Pay

USA: Best Practices for Manufacturers Managing Employee Medical Inquiries Under the ADA

For the manufacturing industry, managing employee injury and illness presents unique challenges. Manufacturing work often involves physically taxing or potentially dangerous activities. Use of heavy tools or machinery, repetitive motion, and exposure to hazards such as chemicals, extreme heat, and work at heights can lead to costly employee injury or illness, as well as exacerbate existing health conditions. Unsurprisingly, the industry maintains a strong focus on safety and risk management. » Read More

USA: Labor Board Reinstates Standard Restricting Employee Severance Agreements

The National Labor Relations Board has returned to its pre-2020 standard restricting certain confidentiality and non-disparagement clauses in departing employees’ severance agreements. McLaren Macomb, 372 NLRB No. 58 (2023). » Read More

USA: U.S. Supreme Court Holds Employees Paid on a ‘Day Rate’ Basis Are Entitled to Overtime Pay

Affirming an en banc decision of the U.S. Court of Appeals for the Fifth Circuit, the U.S. Supreme Court has held that an employer’s day-rate pay structure did not satisfy the “salary basis” component of the “white collar” executive exemption under the Fair Labor Standards Act (FLSA), even though the employee at issue earned more than $200,000 per year and unquestionably met the salary-level and duties requirements of that exemption. Helix Energy Sols. Group, Inc. v. Hewitt, 2023 U.S. LEXIS 944 (Feb. 22, 2023). » 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.