Argentina: Key Issues

1. Increase in the minimum, vital and mobile salary.

Argentina: Resolution 5/2023: Increase in the minimum, vital and mobile salary

The National Council of Employment, Productivity and Minimum, Vital and Mobile Salary, through Resolution 5/2023 issued on March 23, 2023, resolved an increase in the basic salary of workers. » 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.

Belgium: Key Issues

1. 13 weeks confirmed as the maximum notice period for leaving employees.

Belgium: 13 weeks confirmed as the maximum notice period for leaving employees

A new Act of 20 March 2023 brings amendments to the Act on the introduction of the unified statute between blue-collar and white-collar workers, also known as the "Unified Status Act." The purpose of this Act is twofold: firstly, to resolve the ongoing dispute regarding the maximum notice period for termination by employees, and secondly, to eliminate the distinction in notice periods based on salary for white-collar workers, which was in violation of the constitutional principle of equality. » 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. Court considers surreptitious recording of a termination meeting as evidence of an employer’s bad faith conduct.
2. New Ontario court decision on the enforceability of termination clauses in employment contracts.

Canada: Court Relies on Secret Recording of Termination Meeting to Sanction Employer’s Bad Faith Conduct

An Ontario court recently awarded significant damages – including $15,000 in moral damages – to an employee who had been wrongfully dismissed. In fashioning this damages award, the Court relied on a surreptitious recording of the termination meeting as evidence of the employer’s bad faith conduct. » Read More

Canada: Court Finds that Saving Clause Does Not Fix an Illegal Termination Provision

In a recent decision, the Ontario Superior Court of Justice found a termination clause to be unenforceable -- despite a “saving provision” that purported to incorporate the minimum statutory requirements into the employment agreement. » 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. Superior Court of Justice issued a ruling accepting the abandonment of the procedure in executive labour procedure.

Chile: Superior Court of Justice issued a ruling accepting the abandonment of the procedure in executive labour procedure

The abandonment of the procedure is declared in executive labour trial. » 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. China released the Management Measures for Supervision and Reporting of Social Insurance Funds.
2. Maternity leave shall not be categorized as a statutory holiday and the female employee shall not be entitled to triple pay for overtime during maternity leave.

China: China released the Management Measures for Supervision and Reporting of Social Insurance Funds

The Ministry of Human Resources and Social Security issued the Management Measures for Supervision and Reporting of Social Insurance Fund which stipulate that any organization or individual is entitled to report any institution, employer, or individual suspected of fraudulently obtaining, embezzling, or misappropriating social insurance funds to the Human Resources and Social Security Administrative department. » Read More

China: Beijing: Maternity leave shall not be categorized as a statutory holiday and the female employee shall not be entitled to triple pay for overtime during Maternity leave

Beijing No.3 Intermediate Court held that the statutory holidays shall be specific dates that are applicable to the general public. Situations such as marriage leave, funeral leave, and annual leave vary from person to person and are rest days for specific occupations, specific personnel, or specific periods, which are not considered statutory holidays that qualify for triple pay. » 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. Government announces salary increase for the tourism sector.

Dominican Republic: Government announces salary increase for the tourism sector

On May 3, 2023, the Minister of Labour, Luis Miguel De Camps, reported that it is the highest increase in history for the sector, which also equalizes the salary of tourism workers of Mipymes with that of non-sectorized micro-enterprises. » 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 EU agreement on the impact of cross-border telework on the applicable social security legislation.

EU: New EU agreement on the impact of cross-border telework on the applicable social security legislation

The applicable social security system is regulated by Regulation (EC) No. 883/2004. When COVID-19 forced everyone to work from home, the normal rules were temporarily set aside so teleworking from another member state did not have any impact on the applicable social security legislation (the “no-impact exception”). » 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. Employers who do not discuss workload and work/life balance issues during annual employee performance reviews can be considered in breach of their duty of care.
2. “No Show, No Call” absenteeism can be presumed to amount to a resignation.

France: Employers who do not discuss workload and work/life balance issues during annual employee performance reviews can be considered in breach of their duty of care

Employers have a duty of care toward their employees with regards their physical and/or mental health. This includes ensuring that employees’ workload is not excessive. The French Supreme Court is demanding in this respect and ruled against an employer who had not implemented annual employee performance review meetings which would have allowed such issues to be discussed. » Read More

France: “No Show, No Call” absenteeism can be presumed to amount to a resignation

Following the adoption of the decree of April 17, 2023, one of the major measures of the law n°2022-1598 of December 21, 2022, on emergency measures relating to the functioning of the labour market with a view to full employment, is now effective. “No Show, No Call” absenteeism can, subject to respecting certain procedural steps, be presumed to amount to a resignation. » 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. Update on Data Protection Law – processing of employee data and imposition of GDPR fines.
2. Expected changes to the Working Hours Act – recording of working hours.

Germany: News from Luxembourg – developments to watch out for in Data Protection Law

One possible legal basis under German statutory law for processing personal data of employees might no longer uphold after a recent ECJ ruling. An ECJ ruling still awaited may ease the imposition of fines for data protection violations. We provide an update on the recent developments in data protection law. » Read More

Germany: Implementation of obligation to record working hours – pending changes to German Working Hours Act

Following the groundbreaking decision of the Federal Labour Court in 2022, which established the obligation for employers to record all working hours, the legislature reacts. We provide an overview of the expected changes to German working time 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.

India: Key Issues

1. The Supreme Court of India issues guidelines for proper implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

India: The Supreme Court of India issues guidelines for proper implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The Supreme Court of India has laid down guidelines for all government institutions with respect to the implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. » 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. The main news set forth by the Labour Decree recently approved by the Italian Government.

Italy: What is the main news set forth by the Labour Decree recently approved by the Italian Government?

The Law Decree no. 48/2023 (the so-called “Labour Decree”) issued by the Italian Government on May 5, 2023, introduces significant innovations on several employment law matters. » 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. Increasing number of strikes in the Netherlands due to high prices.
2. Trade unions expect more strikes in the near future.
3. On 14 March 2023, the legislative proposal monitoring discrimination-free recruitment was passed by the House of Representatives;
4. The proposal aims to combat discrimination in recruitment and selection;
5. Upon the adoption of the law, it will be necessary for employers to ensure their procedure is in accordance with the bill.

The Netherlands: A Rise in Strikes in The Netherlands

In the Netherlands, there has been a recent increase in strikes due to high inflation causing a reduction in purchasing power for workers, leading to demands for wage increases. The trade unions predicts more strikes in the near future. » Read More

The Netherlands: Netherlands: New legislative proposal monitoring discrimination free recruitment and selection has been adopted by the House of Representatives/the Second Chamber

On 14 March 2023, the legislative proposal monitoring discrimination-free recruitment was passed by the House of Representatives. The proposal aims to combat discrimination in recruitment and selection. This article provides a detailed analysis of the bill. » 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.

Norway: Key Issues

1. Changes to the Working Environment Act enter into force on 1 January 2024.

Norway: Changes to the Working Environment Act enter into force on 1 January 2024

Amendments to the Working Environment Act that enter into force on 1 January 2024, a Supreme Court judgment stating that employers cannot make deductions of employees’ tip, and a proposed bill to strengthen the prohibition against sexual harassment and more. » Read More

For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Håkon Andreassen (Partner) of Helmr at hakon.andreassen@helmr.no or visit www.helmr.no.

Poland: Key Issues

1. The new provisions on the employment contract for trial period.

Poland: The new provisions on the employment contract for trial period

As of April 26^th 2023 the new provisions of the labour code came into force. Among many changes,  the provisions on the conclusion of probationary contracts have also been amended. The novelisation introduced new maximum duration of probationary contracts and new obligatory elements that should be included in the employment contract for trial period. » 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.

Sweden: Key Issues

1. The European Court of Justice stated in a preliminary ruling that an employee’s right to daily rest pursuant to the Working Time Directive is in addition to their right to weekly rest.

Sweden: The European Court of Justice stated in a preliminary ruling that an employee’s right to daily rest pursuant to the Working Time Directive is in addition to their right to weekly rest

A dispute in Hungary between an employee and his employer concerning the granting of daily rest in connection with the granting of weekly rest resulted in a preliminary ruling from the European Court of Justice regarding the right to daily and weekly rest pursuant to the Working Time Directive. The Court concluded that the right to daily and weekly rest are two separate rights that shall not restrict one another. » 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. Working and rest time: As of July 2023, working and rest time regulations will be made more flexible for certain industries.
2. Bonus payments: Parliamentary motion wants to ban bonus payments to management of systematically important banks.
3. Gender equity: Deadline for informing employees and shareholders about the results of the first pay equity analysis fast approaching.

Switzerland: Working and rest time: As of July 2023, working and rest time regulations will be made more flexible for certain industries

The working and rest time regulations applicable in Switzerland are set out in the Swiss Labour Act and the associated ordinances. Whilst Articles 9-24 of the Swiss Labour Act contain the generally applicable provisions on i.e. maximum weekly working time, overtime, maximum daytime, evening work and daily rest periods, ordinance 2 to the Swiss Labour Act sets special provisions for certain groups of companies and employees. A revision of this ordinance provides for a flexibilization of the working time and rest period provisions for information and communication technology (ICT) companies as well as for service companies in the areas of auditing, fiduciary services and tax consultancy as of July 1, 2023. » Read More

Switzerland: Bonus payments: Parliamentary motion of May 3, 2023 wants to ban bonus payments to management of systematically important banks

On May 2, 2023, the National Council of the Swiss Parliament adopted a motion on bonus payments of systematically important banks. According to the motion, the Swiss government should be mandated to amend the legal basis for systematically important banks to the effect that no bonus payments may be made to the highest bodies and the operational and/or strategic management. » Read More

Switzerland: Gender equity: Deadline for informing employees and shareholders about the results of the first pay equity analysis fast approaching

On July 1, 2020, a revision of the Swiss Gender Equality Act (GlG) came into force. According to the newly applicable provisions, employers with 100 or more employees are required to conduct an in-house pay equity analysis every four years and have it reviewed by an independent body. The law provides for several deadlines for implementation. » 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 lelex Attorneys at Law at lerch@lelex.law or visit www.lelex.law.

Türkiye: Key Issues

1. Social Security Institution’s Directorate General of Insurance Premiums has Published a Circular Letter in accordance with the New Retirement Legislation.

Türkiye: Social Security Institution’s Directorate General of Insurance Premiums has Published a Circular Letter in accordance with the New Retirement Legislation

The Circular Letter numbered 2023/19 regulates the conditions which the amount corresponding to five (5) points of the employer’s social security support premium will be covered by the Treasury; if an employee has retired in accordance with the new retirement legislation and is re-hired. » 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. Flexible working request during maternity leave: Employment Appeal Tribunal decision shows the importance of considering flexible working requests carefully from the start.
2. Update on proposed UK harassment law reforms.
3. Important new UK government policy papers on disability and Artificial Intelligence.
4. Equality, diversity and inclusion: New UK voluntary ethnicity pay reporting guidance.
5. Future UK worker rights and protections: New House of Commons Select Committee report recommendations to UK government.

United Kingdom: Flexible working request during maternity leave

An employee who had her flexible working request turned down initially and again on appeal could still bring a successful discrimination claim even though the request was subsequently granted in full.  This decision shows the importance of considering flexible working requests carefully from the start. » Read More

United Kingdom: Update on proposed UK harassment law reforms

Recent press reports cast doubt on whether proposed new laws on third party harassment and new duty to prevent sexual harassment will go ahead. » Read More

United Kingdom: Important new UK government policy papers on disability and Artificial Intelligence

In March the UK government published two important policy papers. » Read More

United Kingdom: Equality, diversity and inclusion: New UK voluntary ethnicity pay reporting guidance

The UK government’s long-awaited guidance for employers on carrying out voluntary ethnicity pay reporting has now been published. » Read More

United Kingdom: Future UK worker rights and protections: New House of Commons Select Committee report recommendations to government

On 18th April, the Business, Energy and Industrial Strategy Committee (a committee appointed by the House of Commons which is the lower house of the Parliament of the UK) published a report making several recommendations to the UK government around workers' rights and protections. » 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. Ending of Federally Mandated COVID-19 Vaccination Requirements, COVID-19 Public Health Emergency.
2. Labour Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct.
3. OSHA’s Plans for the Construction Industry.

USA: Ending of Federally Mandated COVID-19 Vaccination Requirements, COVID-19 Public Health Emergency

The Biden-Harris Administration has announced that, at the end of the day on May 11, 2023, it will end COVID-19 vaccination requirements for federal employees, federal contractors, and international air travelers. The COVID-19 public health emergency also will end on the same day. » Read More

USA: Labour Board Returns to Prior Standard, Limiting Employers’ Response to Abusive Workplace Conduct

The National Labour Relations Board (NLRB) has returned to its pre-2020 “setting-specific” standards for determining whether an employee’s abusive conduct is protected by the National Labour Relations Act. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023). The decision applies retroactively to all pending “abusive conduct” cases. » Read More

USA: OSHA’s Plans for the Construction Industry

The Occupational Safety and Health Administration’s (OSHA) Directorate of Construction Director Scott Ketcham gave a review of the agency’s focus on the construction industry at the American Bar Association’s 2023 Midwinter Meeting of the Workplace and Occupational Safety and Health Law Committee on March 10, 2023. Here are the key takeaways. » 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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