Argentina: Key Issues

1. Acknowledgement of greater power to the IT´s union.

Argentina: Acknowledgement of greater power to the IT´s union

The Ministry of Labour, by Resolution 1012/2023, clarified the status of the Computer Trade Association (C.T.A.), the union for the IT´s sector, on August 4, 2023. » 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. Increases to minimum rates of pay.
2. Eligibility to make unfair dismissal claims.

Australia: Increases to minimum wages and the high income threshold - important changes regarding wages in effect from 1 july 2023

With the start of the new financial year comes changes to the national minimum wage and the high-income threshold for the purpose of unfair dismissal applications. Employers should be aware of the following important changes that will affect most, if not all, businesses in Australia. » 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. Summer update of the discrimination legislation: multiple discrimination, new concepts, modern terminology and more flexibility for sanctions and enforcement.

Belgium: Summer update of the discrimination legislation: multiple discrimination, new concepts, modern terminology and more flexibility for sanctions and enforcement

After the modifications to the discrimination legislation earlier this year, a second act has recently been published. The Act of 28 June 2023, published on 20 July 2023, changes the three Belgian discrimination acts (the general act, the gender act, and the racism act) regarding several topics with the objective to reflect the principles developed by the case law (but also by social evolutions) in the law and to improve the enforcement of the discrimination protection. » 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.

Chile: Key Issues

1. The Supreme Court Rules on the Extension of the Main Company's Liability in Cases Where a Contractor Company Violates Employees' Fundamental Rights.

Chile: The Supreme Court Rules on the Extension of the Main Company's Liability in Cases Where a Contractor Company Violates Employees' Fundamental Rights

The Supreme Court ruled that severance for violations of fundamental rights upon termination due to acts attributable to the contractor cannot be extended to the main company. » 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. The Ministry of Human Resources and Social Security of China drafted the Decision on Amending the Interim Measures for Foreigners Employed in China to Participate in Social Insurance (Draft for Soliciting Opinions).
2. The General Office of the Ministry of Human Resources and Social Security of China issued a Notice on Ensuring the Rights and Interests of Workers in High-Temperature Weather.

China: The Ministry of Human Resources and Social Security of China drafted the Decision on Amending the Interim Measures for Foreigners Employed in China to Participate in Social Insurance (Draft for Soliciting Opinions)

The Supreme People’s Court recently released seven guiding cases on labour disputes to clarify judicial rules regarding determination of employment relation, bonus payment, management of workplace sexual harassment, non-competition, job discrimination, employment termination, etc. » Read More

China: The General Office of the Ministry of Human Resources and Social Security of China issued a Notice on Ensuring the Rights and Interests of Workers in High Temperatures

The Notice on Ensuring the Rights and Interests of Workers in High Temperatures (the "Notice") emphasizes the significance of workers’ rights and interests protection under high temperatures, stipulates a high-temperature allowance paid by employers, and orders municipal human resources and social security bureaus to implement supervision. The Notice is aimed at guiding enterprises to better protect the rights and interests of workers in high temperatures and build harmonious and stable labour relations. » 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.

Czech Repulic: Key Issues

1. The Supreme Court of the Czech Republic has ruled on the issue of multiple employment relationships between an employee and a single employer, contrary to previous case law of the European Court of Justice.

Czech Republic: The Supreme Court of the Czech Republic has ruled on the issue of multiple employment relationships between an employee and a single employer, contrary to previous case law of the European Court of Justice

The Czech Supreme Court has addressed the issue of the extent to which types of work can be considered distinct if one merely complements the other. In the same judgement, it also interpreted the conditions for assessing compliance with the Labour Code in the case of two employment relationships with the same employer. » 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. Arbitration in Sports.

Dominican Republic: Arbitration in Sports

On 23 June  2023, the Executive Power of the Dominican Republic promulgated Law 36-23, which modifies Law 50-87, of 4 June  1987, on the Official Chambers of Commerce, Agriculture, and Industries of the Republic. » 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. The EU Pay Transparency Directive: What Employers Need to Know.

EU: The EU Pay Transparency Directive: What Employers Need to Know

In March of this year, we already dedicated an article to the draft Pay Transparency Directive. In the meantime, this important new directive was approved on 10 May, published on 17 May, and entered into force on 6 June 2023. Therefore, we would like to give employers a more extended overview of the main content of this directive. The transposition deadline for the EU Member States might still seem far (7 June 2026, i.e., in 3 years), but the new rules require an implementation of measures by employers, which for most companies will take a significant time to prepare. » 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. Mandatory employee development meetings and performance appraisal meetings can take place on the same day but separately.
2. New rights for employees with children suffering from serious ill health or disability.

France: Mandatory employee development meetings and performance appraisal meetings can take place on the same day but separately

French law provides that all employers must organise a meeting with their staff every two years to discuss their professional development (training needs, career plans, etc.).  Employers cannot organise this mandatory meeting at the same time as the employee’s annual performance appraisal meeting. The French Supreme Court now allows such meetings to take place on the same day but reaffirms the importance of clearly distinguishing the subjects discussed during such meetings. » Read More

France: New rights for employees with children suffering from serious ill health or disability

On 21 July 2023, new legislation instituted additional rights for employees with children suffering from serious ill health or disability including protection against dismissal, facilitated access to homeworking arrangements, and longer leaves of absence. » 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. Forfeiture of annual leave entitlements due to incapacity for work – the burden of proof.
2. Obligation to inform authorities in case of mass redundancy – individual protection for employees?

Germany: Annual leave entitlements and permanent incapacity for work

In case of permanent incapacity for work, an annual leave entitlement will be forfeited after 15 months regardless of the employer’s compliance with the obligation to cooperate with the employees to enable them to take the leave. However, the employer must show that the employee was incapable for work for the whole period in order to argue that non-compliance with this obligation is insignificant for the forfeiture. » Read More

Germany: The obligation to inform authorities in case of mass redundancy does not serve employee protection

The employer must inform the relevant employment agency before making mass redundancies. According to the ECJ, the purpose of this obligation is not to protect employees. Failure to comply with this obligation should, therefore, not affect the validity of dismissals in the context of a subsequent collective redundancy. » 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.

Ireland: Key Issues

1. Significant Labour Court decision on the inclusion of overtime in the calculation of annual leave pay.
2. Former employee, who was dismissed for posting hate speech on social media, wins unfair dismissal case.
3. Irish government announces that victims of domestic violence will be entitled to fully paid leave when new measures governing this type of leave come into force this Autumn.

Ireland: Significant Labour Court decision on the inclusion of overtime in the calculation of annual leave pay

The Labour Court recently determined that an employee of a local county council was entitled to have his regular and rostered overtime included in the calculation of pay during annual leave.  This decision is significant as it marks a change in the approach adopted previously by the Court on this issue. » Read More

Ireland: Former employee, who was dismissed for posting hate speech on social media, wins unfair dismissal case.  

A (former) employee was dismissed after her employer was made aware of controversial remarks posted by the employee on her private social media account.  The employee succeeded in her unfair dismissal claim (primarily due to the employer’s failure to follow fair procedures in implementing the dismissal) and was awarded compensation of approximately €10,500 by the Workplace Relations Commission (“WRC”). » Read More

Ireland: Irish government announces that victims of domestic violence will be entitled to fully paid leave when new measures governing this type of leave come into force this Autumn

The Irish government recently announced that employees availing of domestic violence leave – which is a new type of leave introduced by the Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) but which is not currently in force – will be entitled to their full pay during the leave period.
 
The relevant regulations to bring this new leave into force are expected to be published in Autumn and further detail on how the rate of pay will be calculated is also expected to be included in those regulations. » 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. Whistleblowing: The Practical Guidelines by the Italian Anti-corruption Authority.

Italy: Whistleblowing: The Practical Guidelines by the Italian Anti-corruption Authority

After a month of consultations and close to the first deadline of 15 July 2023 for the implementation of the new discipline on whistleblowing by big companies (employing more than 249 employees), the Italian Anti-corruption Authority (ANAC) has finally issued the updated guidelines concerning the new measures on whistleblowing as set forth by Legislative Decree no. 24 of 10 March 2023, which transposes in Italy the EU Directive 2019/1937 of the European Parliament and of the Council of 23 October 2019. » 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/. 

Mexico: Key Issues

1. Rapid Response Mechanism to Expedite Dispute Resolution.

Mexico: Rapid Response Mechanism to Expedite Dispute Resolution

Companies in Mexico have been facing an expedited dispute resolution procedure known as Rapid Response Mechanism. The purpose of the agreement is to reinforce compliance with the labour commitments assumed within the USMCA (United States, Mexico, and Canada Agreement). » Read More

For more information on these articles or any other issues involving labour and employment matters in Mexico, please contact Oscar De La Vega Gomez (Partner) of De La Vega & Martinez Rojas at odelavega@dlvmr.com.mx or visit www.dlvmr.com. 

The Netherlands: Key Issues

1. The Ministry initiated to clarify the rules regarding the assessment of an employment relationship.
2. The Ministry is preparing an Act that will provide more clarity in determining self-employment, clarify the open norm of “relationship of authority,” and introduce a contra-indication of entrepreneurship.
3. In the past, the tax authorities did not carry out any checks when assessing employment relationships. The Ministry announced that from 1 January 2025, the tax authorities will resume full enforcement, including the assessment of employment relationships, in order to combat false self-employment.
4. Previously, the same minimum monthly amount applied regardless of the full-time employment hours, which resulted in lower hourly minimum wages for employees working more than 36 hours per week.
5. Effective 1 January 2024, a uniform minimum hourly wage will be applicable to employees aged 21 and older in all sectors.
6. With the introduction of the statutory minimum hourly wage, employees with full-time contracts over 36 hours per week will have wage increase.

The Netherlands: The Ministry of Social Affairs and Employment Clarifies Approach to False Self-Employment and the Tax Authorities Will Resume Enforcement

The Ministry of Social Affairs and Employment (hereinafter “the Ministry”) clarifies draft legislation to combat false self-employment and announces that the element of "relationship of authority" (used to determine if an employment relationship is in place) will be clarified. The Ministry also confirms that the tax authorities will resume active enforcement in the assessment of employment relationships beginning in 2025. » Read More

The Netherlands: Introduction of uniform minimum hourly wage as of 1 January 2024

On 1 January 2024, the fixed minimum monthly, weekly, and daily wages will disappear. Instead, a statutory minimum hourly wage will be introduced. In many cases, arrangements in collective bargaining agreements and employment contracts will require adjustment to comply with the new system. » 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. Poland Has Acceded to the Framework Agreement on the Application of Article 16(1) of Regulation (EC) No 883/2004 in Cases of Conventional Cross-border Teleworking (remote working).

Poland: Poland Has Acceded to the Framework Agreement on the Application of Article 16(1) of Regulation (EC) No 883/2004 in Cases of Conventional Cross-border Teleworking (remote working)

This agreement concerns social insurance coverage of the country where the employer of a teleworking (remote working) employee from another EU Member State is based. Interested persons employed by Polish employers or Polish employers themselves, in order to benefit from the provisions of the agreement, should apply to the Polish Social Insurance Institution with a US-36 application. » 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.

Romania: Key Issues

1. The maximum value for meal tickets that can be awarded to employees while benefiting from a special fiscal regime has been increased.
2. Parents of children under the age of 11 can benefit from four days/month of work from home or telework.

Romania: The maximum value for meal tickets that can be awarded to employees while benefiting from a special fiscal regime has been increased

The maximum value for daily meal tickets that can be awarded to employees while benefiting from a special fiscal regime has been increased from 30 RON (approximately 6 EUR) to 35 RON (approximately 7 EUR) starting 1 August. The value shall further increase starting 1 January of the following year to 40 RON (approximately 8 EUR). » Read More

Romania: Parents of children under the age of 11 can benefit from four days/month of work from home or telework

The Romanian Labour Code was modified in order to include this new benefit for parents as an addition to all the measures taken in order to improve work-life balance. Parents that have children under the age of 11 in their care can now avail the work from home or telework arrangement for four days/month. » Read More

For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu and Associates at magdavolonciu@volonciu.ro or visit www.volonciu.ro.

USA: Key Issues

1. A Deep Dive Into the EEOC’s Proposed Pregnant Workers Fairness Act Regulations.
2. 2023 Mid-Year Report.
3. Using AI to Speed Through Candidates? Slow Down and Consider the Risks.

USA: A Deep Dive Into the EEOC’s Proposed Pregnant Workers Fairness Act Regulations

The U.S. Equal Employment Opportunity Commission (EEOC) formally published its proposed regulations to implement the Pregnant Workers Fairness Act (PWFA) in the Federal Register on Aug. 11, 2023. Although the PWFA borrows from existing laws, including Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA), the PWFA imposes unique obligations on covered employers and the EEOC’s proposed regulations throw many familiar concepts out the window. The result is that employers will often bear the burden of establishing undue hardship, even in cases where an employee is unable to perform their essential job functions for 40+ weeks. » Read More

USA: 2023 Mid-Year Report

The last six months have brought considerable changes in workplace law. The next six months look to bring even more. This report contains subject-matter highlights and insights on the topics of core concern to clients in 2023. » Read More

USA: Using AI to Speed Through Candidates? Slow Down and Consider the Risks

The appeal of artificial intelligence (AI) is more real than ever as we see an explosion of interest in using AI technology to make everyday life — and work — easier. Many retailers, for example, are considering AI to streamline their recruitment processes. While AI can conserve resources and accelerate hiring for high-turnover positions, employers need to consider the legal risks. » 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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