Australia: Key Issues

1. Meaning of a ”request” to work on a public holiday

Australia: If You Don’t Ask, You Don’t Get! – Requiring Employees To Work On Public Holidays

A successful appeal has clarified employees’ rights surrounding working on public holidays. » 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. Important changes to the Belgian rules regarding annual paid leave.

Belgium: Important changes to the Belgian rules regarding annual paid leave

On 16 March 2023, a Royal Decree was published in the Belgian Official Gazette which amends the Royal Decree of 30 March 1967 on the implementing provisions of annual leave. The changes are aimed at ensuring that the Belgian rules are in line with the EU Working Time Directive and the case law of the European Court of Justice. The Royal Decree will apply to holidays taken during 2024 for the first time. » 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. Statutory minimum wage scheduled to increase in Ontario.
2. Legal risks associated with AI in the workplace.
3. Labour relations board explains how to select a workplace investigator.

Canada: Ontario to Increase Minimum Wage to $16.55 per Hour

On March 31, 2023, Ontario announced its plan to increase the province’s statutory minimum wage rates. The new rates come into effect on October 1, 2023. » Read More

Canada: Planning to Use ChatGPT? Legal Considerations for Employers

The implementation of AI in Canadian workplaces may trigger numerous issues relating to employment, labour, human rights, privacy, and cybersecurity laws. » Read More

Canada: Your Workplace, Your Investigator: Selecting the Person to Review a Harassment Complaint

Ontario’s Occupational Health and Safety Act requires employers to conduct workplace harassment investigations as “appropriate in the circumstances.” A recent decision from the Ontario Labour Relations Board clarifies what this standard means in the context of an investigator’s qualifications. » 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. On April 4th, 2023, the Deputies Chamber approved and sent off the bill which, will be published and become law in the following weeks. The recently approved bill reduces the length of the working day, among other matters. 

Chile: 40-hour workday bill progress in Congress 

The weekly working hours is reduced from 45 to 40 hours per week with gradual application and flexibility measures. » Read More

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

China: Key Issues

1. Employers shall pay for overtime when employees work through social media during non-working hours.
2. Shanghai issued the Employment Promotion Regulations.

China: Employers shall pay for overtime when employees work through social media during non-working hours

Beijing No.3 Intermediate Court held that the determination of overtime shall be based on a comprehensive consideration of whether the employee provides substantive work and whether it clearly occupies the employee's rest time, rather than only considering the workplace or method of work. » Read More

China: Shanghai issued the Employment Promotion Regulations

Shanghai issued the Employment Promotion Regulations (“Regulations”) which emphasize to create a marriage-friendly employment environment, protect employment rights and interests of employees who have suffered from infectious diseases, the personal information and new forms of 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. Pensions Reform Bill filed on March 22^nd of 2023.
2. Health Reform Bill filed on February 13^th of 2023.
3. Recent Case Law regarding dismissal without fair cause ruled in favour of injured soccer player and against Football team.

Colombia: Basic retirement income to be guaranteed through a pillar system through a Pensions reform.

The National Government filed a bill on March 22^nd in order to reform the pension system, stating that the objective of this bill is that every senior citizen, man or woman, who fulfil the legal requirements related to age, work and time, may have the right to a pension. » Read More

Colombia: Upcoming and main changes expected with the Health System Reform

The Health Reform bill was presented to the House of Representatives on 13 February and consists of 152 articles and the aim of this legal initiative is to improve and strengthen the General System of Social Security in Health and to guarantee the provision of services as a universal right. » Read More

Colombia: Recent labour case law ruled in favour of reinstatement of injured soccer player

The Labour Cassation Chamber of the Supreme Court of Justice in Colombia ruled that a Football Club must reinstate an injured soccer player to continue to be player of the team, without interruption, and pay him the full integrated salary that was agreed per month, from 16 December 2017 until the date of effective reinstatement. Pension contributions should be settled on the basis of 70% of that value. » 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. Government increases 20% to the minimum wage of industrial free zone workers.

Dominican Republic: Government increases 20% to the minimum wage of industrial free zone workers

On 11 April 2023, the Dominican Government, through the Ministry of Labor and the National Wage Committee (CNS), ordered a 20% increase over the national minimum wage for workers in the free industrial zone sector. » 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. New interpretative communication on the EU Working Time Directive

EU: New interpretative communication on the EU Working Time Directive

As working time is one of the core aspects of employment law, the EU Working Time Directive 2003/88/EG is one of the most important pieces of EU social policy legislation. The Court of Justice of the European Union receives many preliminary questions from national courts, therefore its case law is key to understand the correct interpretation of the Directive. To help national authorities, courts and employers and employees to follow the evolutions in the case law of the Court, the European Commission publishes interpretative communications. The new communication is an update of the last one from 2017, since then the CJEU has delivered more than 30 judgements on the Directive. » 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 use of geolocation devices: balancing the right to privacy and the right to produce evidence in court.
2. The French pension reform: the French Constitutional Court validates the content of the bill with a few exceptions.

France: The use of geolocation devices in professional vehicle: balancing the right to privacy and the right to produce evidence in court

The French Supreme Court has ruled that geolocation devices installed in company-owned vehicles must not be used to locate employees outside of their working time and that therefore data extracted from the geolocation device cannot be used to justify disciplinary proceedings for the personal use of such vehicles. » Read More

France: The French pension reform: the French Constitutional Court validates the content of the bill with a few exceptions

On April 14^th, 2023, the French Constitutional Court validated most of the measures of the new French pension reform bill, and in particular the hotly debated raising of the retirement age from 62 to 64 years old. » 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. ECJ ruling – minimum statutory rest period per working day must be granted by the employer in addition to the weekly rest period.
2. Default in acceptance and contradictory behaviour after invalid dismissal.

Germany: According to a new ECJ ruling, the minimum rest period per working day under statutory law is to be granted by the employer in addition to the weekly rest period, even if the weekly rest period immediately precedes or follows the daily rest period

The employer must grant the minimum rest period of eleven hours per working day under German statutory law regardless of any preceding or subsequent weekly rest period as these rest periods serve different purposes and are therefore independent of each other. » Read More

Germany: Default in acceptance – contradictory behaviour of the employer after invalid dismissal

An employer’s offer towards the employee to continue work that is obviously not serious cannot prevent the default in acceptance of the employer after an ineffective dismissal. » 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.

Italy: Key Issues

1. What are the main features of the new statutory regulation adopted on whistleblowing?

Italy: What are the main features of the new statutory regulation adopted on whistleblowing?

Legislative Decree no. 24/2023, implementing in Italy the European directive (EU) 2019/1937 on the protection of persons reporting infringements of Union law, has finally been issued. On the wave of an increasingly trend to transparency pushed by the European legislator, the Decree encourages a widespread control of the legality within the company, under a perspective of a stronger management transparency. » 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. Deliveroo and the Dutch Supreme Court: a landmark decision on employment status and modern forms of work.
2. New parliamentary letter on progress on labour market package: key reforms.

The Netherlands: Deliveroo and the Dutch Supreme Court: a landmark decision on employment status and modern forms of work

The rise of the gig economy and self-employment in the Netherlands has been a topic of concern for the Dutch government in recent years. The Dutch government has been working on legislation to reduce the number of self-employed workers, citing the lack of protection for these workers in terms of incapacity for work and inadequate pensions. » Read More

The Netherlands: Netherlands: New parliamentary letter on the progress of the labour market package: key reforms

On 3 April, the Dutch Social Affairs and Employment Minister sent a Parliamentary letter containing proposals for labour market reforms. These plans are expected to be submitted to Parliament in spring 2024. In this blog, we list the main points for you. » 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.

Poland: Key Issues

1. The new content of the obligatory information on the conditions of employment

Poland: The new content of the obligatory information on the conditions of employment

As of April 26^th the employers will be obliged to provide a new, extended content of the information on the conditions of employment to the new employees. According to the new regulation, the employer should provide the employee with the information on: their daily and weekly working time norms and allotment, their entitlement to breaks and rest form work, the rules of working in overtime and the way of compensating that, the rules of changing shifts at work, the rules of travelling between workplaces, the components of remuneration as well as cash and in-kind benefits not mentioned in the employment contract, the amount of paid leave, the rules for termination of the employment relationship, including formal requirements and the length of the notice period, the employee’s right to trainings, collective labour agreements applicable to the employee’s terms and conditions of employment, and in case the employer has not established work regulations - the date, place, time and frequency of payment of remuneration for work, night time and the method adopted by the employer for employees to confirm their arrival and presence at work and to justify their absence from work. » 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.

Portugal: Key Issues

1. Wide-ranging changes to the Portuguese Labour Code and related legislation – Decent Work Agenda.

Portugal: Wide-ranging changes to the Portuguese Labour Code and related legislation – Decent Work Agenda

Law no. 13/2023 was published on April, 3, amending the Portuguese Labour Code and related legislation in implementation of the, so called, Decent Work Agenda. The Law will enter into force on 1 May and will apply not only to employment contracts entered into after May the 1st, but also to existing contracts. The amendments are wide-ranging and focus, among others, on the following matters: (i) probation period, (ii) employer information duties, (iii) term contracts, (iv) temporary work, (v) teleworking, (vi) professional traineeship, (vii) self-employed workers in a situation of economic dependence, (viii) parental protection, (ix) care worker, (x) absences to work, (xi) digital platforms, (xii) algorithms and artificial intelligence, (xiii) overtime work, (xiv) non-waivability of labour credits, (xv) compensation for termination of the employment contract, (xvi) prohibition of outsourcing, (xvii) suspension of dismissal, (xviii) trade union action in the company, (vix) omission of communication of admissions. » Read More

For more information on these articles or any other issues involving labour and employment matters in Portugal, please contact Helena Tapp Barroso (Partner) of Morais Leitão at htb@mlgts.pt or visit www.mlgts.pt.

Spain: Key Issues

1. Spanish Supreme Court clarifies parental childbirth benefits for single-parent families.

Spain: Spanish Supreme Court clarifies parental childbirth benefits for single-parent families

The Spanish Supreme Court ruling of 2 March 2023 finally clarifies that single parents are not entitled to the childbirth and childcare allowance that would have been payable to the other parent had there been a single parent. » 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 the burden of proof regarding the validity of an invoked notice of resignation.

Sweden: The Labour Court rules on the burden of proof regarding the validity of an invoked notice of resignation

When an employer claims an employee to have resigned by a hand-signed written notice of resignation which can be presented in original, and it is argued that the document is a forgery, the employer has the burden of proof that the document is authentic. The employer must then make it predominantly likely that the document is authentic. » 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.

Türkiye: Key Issues

1. Mediation is Now a Pre-Requirement for All Types of Employment-Related Lawsuits.
2. New Retirement Legislation Eliminates Age Requirement for Some Employees.

Türkiye: Mediation is Now a Pre-Requirement for All Types of Employment-Related Lawsuits

The Law Numbered 7445 has been published in the Official Gazette dated 05.04.2023 numbered 32154 and amended the provision regarding mediation applications. Parties of an employment relationship are now required to apply to mediation in order to be able to file any type of employment-related lawsuit. The amended version will enter into force on 01.09.2023. » Read More

Türkiye: New Retirement Legislation Eliminates Age Requirement for Some Employees

The Law Numbered 7438 has been published in the Official Gazette dated 03.03.2023 numbered 32121 and entered into force at the date of its publication. Accordingly, insured persons who were not entitled to retirement solely due to their age will be able to benefit from old-age or retirement pension if they meet conditions other than age. » Read More

For more information on these articles or any other issues involving labour and employment matters in Türkiye, please contact Burcu Tuzcu Ersin (Partner) of Moroğlu Arseven at btuzcu@morogluarseven.com or visit www.morogluarseven.com.

United Kingdom: Key Issues

1. Disability discrimination: Neurodiversity.
2. Increase in Tribunal compensation limits and employment rates.
3. Equality diversity and inclusion: Racial diversity.
4. Whistleblowing: Government review.
5. Workplace culture: Sexual harassment.

United Kingdom: Disability discrimination: Neurodiversity

The Employment Appeal Tribunal (EAT) agreed with an employment tribunal’s decision that an employee’s aggressive conduct didn’t arise from his disabilities. » Read More

United Kingdom: Increase in Tribunal compensation limits and employment rates.

New compensation limits for tribunal awards and other statutory minimum payments will apply from early April 2023. » Read More

United Kingdom: Equality diversity and inclusion: Racial diversity

The Parker Review Committee has published an updated report on improving ethnic diversity across UK businesses. » Read More

United Kingdom: Whistleblowing: Government review

The UK government has launched a review on the effectiveness of the current whistleblowing framework. » Read More

United Kingdom: Workplace culture: Sexual harassment

The Equality and Human Rights Commission (EHRC) entered into a legal agreement with IKEA UK to help improve its policies and practices regarding sexual harassment. » 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. DOL Issues Guidance on Handling Telework under FLSA, FMLA.
2. Seattle Enacts First-of-Its-Kind Law Protecting Individuals Against Discrimination Based on Caste.
3. $35M SEC Settlement Underscores Processes, Procedures Ensuring Appropriate Public Disclosures.
4. ChatGPT, Generative AI…Concerns For Politics, and the Workplace.

USA: DOL Issues Guidance on Handling Telework under FLSA, FMLA

The U.S. Department of Labour (DOL) has issued guidance on the application of the Fair Labour Standards Act (FLSA) and Family and Medical Leave Act (FMLA) to employees who telework from home or from another location away from the employer’s facility. » Read More

USA: Seattle Enacts First-of-Its-Kind Law Protecting Individuals Against Discrimination Based on Caste

The Seattle City Council passed a first-of-its-kind ordinance prohibiting discrimination based on caste in employment, housing, and public accommodation. Seattle’s mayor approved the ordinance on February 23, 2023, and the ordinance will take effect March 25, 2023, 30 days from the mayor’s approval. » Read More

USA: $35M SEC Settlement Underscores Processes, Procedures Ensuring Appropriate Public Disclosures

In a $35 million settlement that emphasizes the “S” for social in Environmental, Social and Corporate Governance (ESG) issues in public filings, publicly traded video game developer Activision Blizzard, Inc. has agreed with the Securities and Exchange Commission (SEC) to pay to resolve the company’s alleged failure to maintain adequate disclosure controls and procedures that would have allowed it to evaluate properly the adequacy of its human capital disclosures. » Read More

USA: ChatGPT, Generative AI…Concerns For Politics, and the Workplace

Last week, a New York Times’ article discussed ChatGPT and AI’s “democratisation of disinformation,” along with their potentially disruptive effects on upcoming political contests. Asking a chatbot powered by generative AI to produce a fundraising email is not the main concern, according to the article. Leveraging that technology to create and disseminate disinformation and deepfakes is. Some of the tactics described in the article intended to further political goals are unsettling for and well beyond politics, including the workplace. » 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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