Australia: Key Issues

1. Major legislative reform to Australia’s industrial relations laws.

Australia: Secure Jobs Better Pay – Protecting Worker Entitlements Industrial Relations reforms in 2023

Australian Parliament passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (“First Tranche of Amendments”) on 6 December 2022. The First Tranche of Amendments changes several existing sections of the Fair Work Act 2009 (Cth) (“FW Act”), as well as other legislation, and introduces a range of new workplace laws. The commencement dates to enact amendments passed by the First Tranche of Amendments are staggered, with various amendments having already come into effect on 7 December 2022, and 7 January, 6 February, 6 March, 6 June and 1 July 2023. The last round of new laws to enact the First Tranche of Amendments is expected to occur on 6 December 2023. Further, on 22 June 2023, the Australian Parliament passed the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 (“Second Tranche of Amendments”), addressing issues concerning migrant workers, unpaid parental leave, superannuation and deductions from payroll. This article is a summary of the main amendments to the FW Act introduced by the First and Second Tranches of Amendments. » 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. Additional voluntary overtime system possible until 2025.

Belgium: Additional voluntary overtime system possible until 2025

The social partners have agreed that from 1 July 2023 to 30 June 2025, employers and employees in all sectors will again be able to make use of additional voluntary overtime, or "relance hours". This system already existed between 1 July 2021 and 31 December 2022, and is now being reinstated. The law has not yet been passed, but the application of the system will be accepted from 1 July 2023 by the Federal Public Service of Work. » Read More

For more information on these articles or any other issues involving labour and employment matters in Belgium, please contact Chris Van Olmen (Partner) of Van Olmen & Wynant at chris.van.olmen@vow.be or visit www.vow.be.

Brazil: Key Issues

1. New Brazilian Law on equal pay for equal work and gender equality.

Brazil: New Brazilian Law on equal pay for equal work and gender equality

Law 14,611, enacted on 4 July 2023, on equal pay for equal work introduces measures to ensure wage equality between male and female employees. » Read More

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

Chile: Key Issues

1. Department of Labour reconsiders legal opinion on collective negotiation matters.

Chile: Department of Labour reconsiders legal opinion on collective negotiation matters

The Department of Labour states that the law does not provide for a prohibition to negotiate collectively for an employee who, being subject to a collective bargaining agreement, decides to join another union that initiates a negotiation process. » 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.

Colombia: Key Issues

1. Latest status (and timeline) of labour reform bill filed by the national government.
2. Law 2101 of 2021 application starting 15 July 2023 - Reduction of Working Time.

Colombia: Labour Reform Bill: Updated Status

The labour reform, one of the most important initiatives for the national government, recently collapsed in Congress. The House of Representatives (Cámara de Representantes del Congreso) summoned its members to keep the discussion on the articles, whose majority report was previously approved by the other chamber; however, the session had to be adjourned due to a lack of a quorum to vote. Therefore, the bill ended up being shelved. » Read More

Colombia: Reduction of working time started by law on 15 July 2023

On 15 July 2023, the National Congress of Colombia provided through Law 2101 of 2021, the reduction of the weekly working hours in a gradual manner, without reducing the salary of workers. » 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

Czech Repulic: Key Issues

1. Case Law: A trade union established solely for its new officials to be protected from being terminated.

Czech Republic: Case Law: A trade union established solely for its new officials to be protected from being terminated

The Czech Supreme Court has addressed the issue of the establishment of a trade union with the sole objective of protecting its founders from termination of their employment by the trade union's deliberate denial of consent to the employer's proposed termination of employment of the founders. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Czech Republic, please contact Jan Koval (Partner) of Havel & Partners at jan.koval@havelpartners.cz or visit www.havelpartners.cz.

Dominican Republic: Key Issues

1. The Constitutional Court gives the motives why the Ministry of Labour cannot, through administrative means, assume functions that correspond to legislators.

Dominican Republic: The Constitutional Court gives the motives why the Ministry of Labour cannot, through administrative means, assume functions that correspond to legislators

On 28 June 2023, the Constitutional Court, through the Judgment TC/0402/23, give the reasons why it declared unconstitutional Resolution no. 14-2022, on the adoption and harmonization of measures related to the improvement of compliance with Convention 189 of the International Labour Organization (ILO), issued by the Ministry of Labour on 25 August 2022, on domestic work. » 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. GDPR: European Commission adopts new adequacy decision for EU-US data transfers.

EU: GDPR: European Commission adopts new adequacy decision for EU-US data transfers

On 10 July, the European commission adopted its adequacy decision for the EU-US Data Privacy Framework. The decision states that the US offers an adequate level of protection (similar to the protection offered by the GDPR) for personal data transferred from European to US companies under the new framework. This decision is particularly important for US multinational enterprises which would e.g. transfer HR data form their European seats to the US. However, it remains unclear whether it will survive the scrutiny of the Court of Justice of the European Union (CJEU). » 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.  Dismissals: the director of a sister-company can carry out a dismissal procedure.
2. Trial periods: from 9 September onwards, collective bargaining agreements allowing for trial periods which are longer than the legal maximum are no longer applicable.

France: The director of a sister-company can carry out a dismissal procedure

In theory, only the company’s legal representative or one of the company’s duly empowered employees can dismiss a person employed by such company but certain exceptions have been allowed over the years by caselaw. A recent ruling by the French Supreme Court has decided that the director of a sister-company could validly carry out a dismissal procedure if such director has been entrusted with responsibility for HR matters within said company. » Read More

France: From 9 September onwards, collective bargaining agreements allowing for trial periods which are longer than the legal maximum are no longer applicable

The French Labour Code states that trial period cannot exceed 4 months for managers, 3 months for supervisors and 2 months for workers. An exception was allowed for collective bargaining agreements signed before 26/06/2008. This will no longer be possible from 09/09/2023 due to the transposition into French law of the EU Directive on transparent and predictable working conditions. » 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. Right of initiative of the works council regarding recording of working hours.
2. Evidential value of a certificate of incapacity for work.
3. Accessing private conversations on communication services provided by the employer.

Germany: Recording of working hours – works council can initiate negotiations regarding the configuration of the recording system

The works council can unilaterally enforce a regulation on the configuration of a tool for recording working hours. It has a right of initiative in this regard. » Read More

Germany: Evidential value of a certificate of incapacity for work

The evidential value of a doctor’s certificate of incapacity for work is not impaired by the simple fact that it covers the remaining period of a terminated employment and the former employee immediately starts a new employment the day after the certificate expired. » Read More

Germany: Permitted private use of workplace recourses – accessing private messages of employees

If the employer provides communication services to the employees and allows private use, a concealed investigation by the employer into the conversation of employees is inadmissible and can be grounds for a compensation claim. » 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. Participation of the accused in the performance appraisal of the complainant vitiates the inquiry process under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

India: Participation of the accused in the performance appraisal of the complainant vitiates the inquiry process under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

In a recent matter, the Calcutta High Court has observed that an accused in a sexual harassment inquiry cannot take part in the performance appraisal process of the complainant as it would negate the objective of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the safeguards provided thereunder. » 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. 

Ireland: Key Issues

1. Significant compensation award to former CEO for constructive dismissal and for breaches of Payment of Wages legislation.
2. EU Pay Transparency directive: Significant changes on the horizon for employers in the EU.
3. New Employment Rights and Entitlements in Force from 3 July 2023.

Ireland: Significant compensation award to former CEO for constructive dismissal and for breaches of Payment of Wages legislation

The Workplace Relations Commission in Ireland (WRC) awarded former CEO, Mr Mario Kistner (“MK”), €133,800 in compensation for constructive dismissal and wage breaches by his employer, Suirsafe Technologies Limited (the “Company”).  The compensation award is one of the largest awards made by the WRC in a case of this nature. » Read More

Ireland: EU Pay Transparency directive: Significant changes on the horizon for employers in the EU  

The EU recently adopted a new directive on Pay Transparency which came into force on 7 June 2023, and which must be implemented into national law by EU Member States (including Ireland) within three years (i.e., by June 2026).  The directive sets out minimum standards that will be required and contains a range of new requirements e.g. gender gap reporting in all EU Member States. » Read More

Ireland: New Employment Rights and Entitlements in Force from 3 July 2023

With effect from 3 July 2023, employees in Ireland are entitled to up to 5 days unpaid leave for medical care purposes, transgender men (who have given birth) can access maternity leave, and there is an increase in the number of weeks (from 26 weeks to 104 weeks) during which mothers are entitled to take paid time off work for breastfeeding purposes.  These new rights and entitlements are subject to the employee satisfying the relevant statutory criteria. » 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 LK Shields at abradley@lkshields.ie or visit www.lkshields.ie. 

Italy: Key Issues

1. When the dismissal served by registered letter starts producing effects?

Italy: When the dismissal served by registered letter starts producing effects?

The dismissal served by the employer through registered letter is deemed to be known – and therefore it produces its effects – at the time it reaches the employee's address, unless the employee proves that he/she was unable to have knowledge thereof, through no fault of his/her own. In this respect, the Italian case-law requires the employee to provide adequate and rigorous proof, being not sufficient generic and not supported statements. » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Angelo Zambelli (Partner) of Zambelli & Partners at angelo.zambelli@zambellipartners.com or visit www.zambellipartners.com/en/. 

Luxembourg: Key Issues

1. Introduction of the right to be disconnected in the Labour Code

Luxembourg: Introduction of the right to be disconnected in the Labour Code

New provisions on the right to be disconnected. » Read More

For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Junger (Partner) of KLEYR | GRASSO at christian.jungers@kleyrgrasso.com or visit www.kleyrgrasso.com. 

The Netherlands: Key Issues

1. The Supreme Court in the Netherlands clarified the expiration periods for vacation days in Dutch labour law.
2. Employers have a duty of care to inform employees about their vacation entitlements and enable them to take vacation before expiration, even with a five-year expiration period.
3. Mere inclusion of expiration clauses in employment contracts or vacation regulations is insufficient to enforce the expiration of accrued vacation days.
4. The case highlights the importance of employers meeting their duty of care and information obligations to employees regarding vacation entitlements.
5. With the resignation of the Government, the plans to reform the labour market are probably going to be delayed.
6. Whether the reforms will go as planned or we will have to wait for a new Government will become clearer in September.

The Netherlands: Supreme Court ruling: beware of the employers’ duty of care regarding (the lapse of) vacation days

A recent landmark case in the Netherlands clarified the expiration periods for statutory and additional vacation days and highlighted the employer's duty of care to inform employees about their vacation entitlements and enable them to take vacation before expiration. The Supreme Court ruled that the employer must meet their duty of care and information obligations, even with a five-year expiration period, to successfully enforce the expiration of accrued vacation days. » Read More

The Netherlands: The Government's Resignation Likely Delays Labour Market Reforms

The plans for labour market reforms are likely to be postponed due to the government's resignation. In September, the House will meet to decide whether the proposed plans can proceed or whether they will have to wait for a new government. » 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.

Sweden: Key Issues

1. A public employer's decision to issue disciplinary action in the form of a written warning following the publishing of a political statement by an employed teacher was deemed compatible with the applicable collective agreement and Swedish law.

Sweden: A public employer's decision to issue disciplinary action in the form of a written warning following the publishing of a political statement by an employed teacher was deemed compatible with the applicable collective agreement and Swedish law

A public employer decided to issue disciplinary action in the form of a written warning to an employed teacher who published information containing personal political statements on the school's digital platform. According to the employer, the teacher had therefore been guilty of fault or negligence, which warranted disciplinary action in accordance with the applicable collective agreement. The Labour Court found that the teacher had been guilty of fault or negligence and that the employer had not violated the collective agreement or Swedish law by the decision to impose disciplinary action. » 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. The National Minimum Wage in Türkiye has been increased.
2. The increased amount will be effective between the dates 01.07.2023 – 31.12.2023.

Türkiye: The National Minimum Wage has been Increased

The National Minimum Wage in Türkiye has been increased for the dates between 01.07.2023 – 31.12.2023. » 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. EAT gives important guidance on proportionality in protected belief cases.
2. UK court finds original grievance report was not privileged.
3. Inquiry finds Royal Air Force recruitment targets led to unlawful discrimination against white males.
4. New UK code of practice on Equality, diversity and inclusion (EDI) in the workplace.
5. Post-Brexit UK employment law reform.

United Kingdom: EAT gives important guidance on proportionality in protected belief cases

The EAT has provided guidance on factors to take into account when assessing whether an interference with the right to freedom of belief and expression is proportionate. » Read More

United Kingdom: UK court finds original grievance report was not privileged 

The Scottish Court of Session has upheld an order for disclosure of an original investigation report, rejecting arguments that it was protected by legal privilege. » Read More

United Kingdom: Inquiry finds Royal Air Force recruitment targets led to unlawful discrimination against white males

An inquiry has found that a Royal Air Force recruitment drive to boost diversity discriminated against white men. » Read More

United Kingdom: New UK code of practice on Equality, diversity and inclusion (EDI) in the workplace

The British Standards Institute (BSI) has published a new code of practice on EDI in the workplace. » Read More

United Kingdom: Post-Brexit UK employment law reform 

On 29 June 2023, the Retained EU Law (Revocation and Reform) Act 2023 (the Act) was passed, making provision for significant changes to the status, operation and content of retained EU law. » 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. U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional.
2. Labor Board Returns to 2014 Test for Determining Whether Individual Is Independent Contractor.
3. Groff Takes DeJoy: U.S. Supreme Court Changes Standard in Religious Accommodation Case.

USA: U.S. Supreme Court Holds Use of Race In Admissions By College, University Is Unconstitutional

The use of race in admissions by Harvard College and the University of North Carolina (UNC) is unconstitutional, the U.S. Supreme Court has held in a decision written by Chief Justice John Roberts. Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (6-2), No. 20-1199, together with Students for Fair Admissions, Inc. v. Univ. of North Carolina (6-3), No. 21-707 (June 29, 2023). Despite finding the schools had violated the Equal Protection Clause of the Fourteenth Amendment, the Court did not expressly overturn its 2003 decision in Grutter v. Bollinger, 539 U.S. 306. In Grutter, the Court held that use of an applicant’s race as one factor in an admissions policy of a public educational institution does not violate the Constitution. » Read More

USA: Labor Board Returns to 2014 Test for Determining Whether Individual Is Independent Contractor

The National Labor Relations Board has returned to its Obama-era standard for determining whether an individual is an independent contractor under the National Labor Relations Act. The Atlanta Opera, Inc., 372 NLRB No. 95 (2023). The Board’s decision returns to the standard it previously set, requiring all incidents of the working relationship be assessed, with no one factor being decisive (FedEx Home Delivery, 361 NLRB No. 610 (2014) (FedEx II)). As a result of the Board’s latest decision, the threshold for finding employee status will be much easier for the Board general counsel to establish. » Read More

USA: Groff Takes DeJoy: U.S. Supreme Court Changes Standard in Religious Accommodation Case

The U.S. Supreme Court has “clarified” and changed the religious accommodation standard under Title VII of the Civil Rights Act that employers and the U.S. Equal Employment Opportunity Commission (EEOC) have relied upon for more than 46 years. Groff v. DeJoy, No. 22-174 (June 29, 2023). Under the new standard, “‘undue hardship’ is shown when a burden is substantial in the overall context of an employer’s business.” » 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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