Argentina: Key Issues

1. Special Leave of Absence for Parents of Children with Cancer  

Argentina: Special Leave of Absence for Parents of Children with Cancer  

On 18 July 2023, the Ministry of Labour, Employment, and Social Security, through Resolution 918/2023, officially enacted regulations governing special leave of absence for parents of minor children with cancer, in accordance with the provisions of Law 27,674.  » 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. Employer obligations regarding hours of work, overtime, and penalty rates.

Australia: Changes to Professional Employees Award 2020  

The changes to the Professional Employees Award 2020 (PE Award) took effect on 16 September 2023.  » 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 formal obligations in case of incapacity during paid annual leave   

Belgium: New Formal Obligations in case of Incapacity During Paid Annual Leave   

As published in a previous article, Belgium is now in line with the European Working Time Directive when it concerns the non-loss of holidays when employees fall ill during their holidays. The two major novelties are mainly the transfer of holidays and the change in rules in cases of concurrent annual leave with certain days of work suspension. Below, the focus lies on the formal requirements laid down in the recent Act of 17 July 2023.   » 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. Recent Supreme Court decision related to union welfare contribution  

Brazil: Recent Supreme Court Decision Related to Union Welfare Contribution  

Brazilian companies must comply with the new understanding set forth in the recent decision ruled by the Supreme Court related to union welfare contributions.  » 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. The Department of Labour announces the modifications in matters of social security and social security contributions and remunerations incorporated into the Economic Crimes Law. 

Chile: Department of Labour Highlights the Labour Aspects Included in the new Economic Crimes Law  

On 29 August 2023, the Department of Labour highlighted the amendments to the Economic Crimes Law that extend the criminal liability of legal entities to matters of social security and social security contributions and remunerations.  » 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 Cyberspace Administration of China issued the draft Administrative Measures for the Compliance Audit of Personal Information Protection.  
2. Multiple departments, including the Ministry of Human Resources and Social Security, formulated the System for Preventing and Eliminating Risks of Mismanagement in the Workplace (Reference Text).  

China: The Cyberspace Administration of China Issued the Draft Administrative Measures for the Compliance Audit of Personal Information Protection  

The Cyberspace Administration of China has drafted the Administrative Measures for the Compliance Audit of Personal Information Protection (Exposure Draft) (the “Measures”) in accordance with the Personal Information Protection Law of the People's Republic of China and other laws and regulations, for which public comments are sought now. The Measures require personal information processors to carry out the compliance audit of personal information protection regularly and clarify the specific requirements, forms, and other contents of compliance audits of personal information protection.  » Read More

China: Multiple departments, Including the Ministry of Human Resources and Social Security, Formulated the System for Preventing and Eliminating Risks of Mismanagement in the Workplace (Reference Text) 

The System for Preventing and Eliminating Risks of Mismanagement in the Workplace (the “Reference Text”) intends to prevent and eliminate the hidden risks of mismanagement in the workplace, safeguard the legitimate rights and interests of employees, and build harmonious and stable employment relations. The Reference Text stipulates specific requirements on recruitment, entry procedures, overtime work, payment of wages, termination of employment contracts, and a mechanism for supervision and inspection to be established.  » 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. Major Changes to Czech Labour Code Coming in October  

Czech Republic: Major Changes to Czech Labour Code Coming in October  

The Czech Parliament has adopted a comprehensive amendment to the Labour Code. If the President does not hesitate to sign the new law, a significant part of the amendment will take effect on 1 October 2023.  » 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. Suspension of Work Due to Storm   

Dominican Republic: Suspension of Work Due to Storm   

Due to the lashes of storm “Franklin” throughout the country, through Decree 380-23 of 21 August 2023, the Dominican Government ordered a “suspension of work,” according to Law 147-02, of 9/13/2003, on the Management of Risks.  » 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. State of the Union - New rules for the European Works Councils

EU: State of the Union - New rules for the European Works Councils

During the State of the Union on September 13, the Commission’s President Von der Leyen proclaimed the EU’s achievements as well as its challenges. With respect to employment law, the main challenge consists of labour shortages due to societal and technological shifts. During the speech, it was emphasised that social partners will play a major role in building a social Europe. Therefore, a Social Partner Summit will be organised at Val Duchesse (Brussels) in 2024.  » 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. Increase of the Social Security Contributions Due on Mutual Termination Agreement Severance Indemnities and Reduction of Those Due on Retirement Indemnities.
2. Redeployment of Employees Considered as Partially Unable to Continue Working in Their Current Position by the Labour Doctor: the Company Can Be Obliged to Offer the Employee Redeployment in a More Senior Position  

France: Increase of the Social Security Contributions Due on Mutual Termination Agreement Severance Indemnities and Reduction of Those Due on Retirement Indemnities.

Following the pension reform law of 14 April 2023, the social security contributions due by companies on severance indemnities paid to employees within a mutual termination agreement have increased from 20% to 30%, and those due on retirement indemnities have decreased from 50% to 30%. This applies to all mutual termination agreements and retirements after 1 September 2023.  » Read More  

France: Redeployment of Employees Considered as Partially Unable to Continue Working in Their Current Position by the Labour Doctor: the Company Can Be Obliged to Offer the Employee Redeployment in a More Senior Position  

When the Labour Doctor considers that an employee is no longer able to continue working in their current position for health reasons, the company is obliged to offer the employee redeployment to a new position in line with their medical condition. The French Administrative Supreme Court (“Conseil d’Etat”) has ruled that the fact that the only available positions were of a more senior level (a white-collar “cadre” position rather than a blue-collar “non-cadre” position) was not sufficient to justify not offering the position to the employee.  » 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. Obstructing the work of the works council by refusing access to company premises
2. No general legitimate expectation of confidentiality for private chat groups   

Germany: Crimes Committed by a Works Council Chairperson Do Not Necessarily Justify Refusal of Access to Company Premises  

A works council chairperson accused of committing a crime cannot be denied access to the employer’s premises, as this would hinder works council work. Even when faced with a serious violation like this, the employer must first apply for an interim injunction against the exercise of works council functions before access can be denied.  » Read More

Germany: Derogatory Comments about Colleagues in Private Chatgroup Can Justify Dismissal  

An interesting new ruling from the Federal Labour Court: Insulting managers and other colleagues in a private chat group with six (former) colleagues can justify a dismissal without notice. There is no general legitimate expectation of confidentiality regarding the messages sent in such a private chat group.  » 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. Maternity benefits are to be granted regardless of the period of benefit exceeding the termination of employment 

India: Maternity Benefits Are To Be Granted Regardless of the Period of Benefit Exceeding the Termination of Employment  

The Supreme Court, in a recent judgement, has observed that women employees are entitled to maternity benefits even in cases where the period of benefits surpasses the culmination of contractual employment.  » 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. An employee was penalised by the employer after assault complaints awarded €20,000  

Ireland: An Employee Was Penalised by the Employer After Assault Complaints Awarded €20,000  

The Workplace Relations Commission (the “WRC”) recently awarded €20,000 compensation to an employee who was penalised by his employer after submitting a complaint against another employee regarding two separate assaults. This claim was brought under Section 27 of the Safety, Health, and Welfare at Work Act 2005 (as amended) (the “Act”), and while claims of this nature are quite rare in practice, this decision is a reminder of the legal principles that will be applied by the WRC and the potency of such claims (particularly given that there is no maximum compensation award for this type of claim).  » 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. The latest ruling of the Italian Supreme Court in light of the jurisprudence of the European Court of Justice  

Italy: Temporary Agency Work: The Latest Ruling of the Italian Supreme Court in Light of the Jurisprudence of the European Court of Justice  

The repeated use of temporary agency work contracts for traveling staff on cruise ships who do not respect the requirement of the temporary nature established by the EU Directive no. 2008/104 is unlawful.  » 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. New extraordinary leave and flexible working arrangements
2. New provisions on the recruitment of third-country nationals
3. Wage indexation on 1 September 2023

Luxembourg: Work-life Balance: New Extraordinary Leave and Flexible Working Arrangements

New extraordinary leave and flexible working arrangements.  » Read More

Luxembourg: New Provisions on the Recruitment of Third-Country Nationals

Recruitment of third-country nationals: changes to consider.  » Read More  

Luxembourg: Wage Indexation on 1 September 2023

Wage indexation and adaptation of the thresholds and ceilings.  » 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 . 

Mexico: Key Issues

1. Ruling of the Eighth District Court Regarding Profit-Sharing Cap in Mexico  

Mexico: Ruling of the Eighth District Court Regarding Profit-Sharing Cap in Mexico  

On 20 May 2022, a mining industry union filed a protection of constitutional relief claim against the Decree of Amendments to the Federal Labour Law, the Social Security Law, the National Worker´s Housing Institute, the Federal Tax Code, the Added Tax Law, and the Income Tax Law, among others.  » 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. Approaching deadline to report target figures and action plan  
2. A “right to work from home” in the near future?
3. Compensation for irregular termination exceeds maximum severance pay WNT  

The Netherlands: Inclusion Quota and Target Figures Act: Approaching Deadline To Report Target Figures and Action Plan  

Dutch large corporations have until 31 October 2023 to report to the Social Economic Council (SER) on their equality objectives within the top and sub-top levels of the company, as well as to submit a plan of action to achieve these objectives. This obligation is based on the Inclusion Quota and Targets Act, which was introduced on 1 January 2022.  » Read More

The Netherlands: A “Right to Work from Home” in the Near Future?  

On 12 September 2023, the Dutch Senate debated the initiative bill Work Where You Want, under which the employer will in principle have to accept a request from an employee to work from home. Many of the senate members appeared to find the proposal sympathetic, but some doubted the usefulness and necessity, and a motion was submitted on frontier workers. The Senate will vote on the bill and motion on September 26.  » Read More

The Netherlands: Compensation for Irregular Termination Exceeds Maximum Severance Pay WNT  

Fixed compensation for irregular termination is an exception to the EUR 75,000 maximum severance payment under the WNT.  » 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. New requirements for gender balance in boards, a proposal for Amendments to the Working Environment Act, and an important ruling on whistleblowing are on their way to the Supreme Court

Norway: New Requirements for Gender Balance in Boards, a Proposal for Amendments to the Working Environment Act, and an Important Ruling on Whistleblowing are on Their Way to the Supreme Court

Important issues in the workplace concerning gender balance, work environment and whistleblowing will be tackled in court.  » 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. New protection in court proceedings for employees subject to Special Protection Against Dismissal  

Poland: New Protection in Court Proceedings for Employees Subject to Special Protection Against Dismissal  

On 22 September, new provisions of the Code of Civil Procedure will come into force. New provisions state that in labour law cases wherein an employee subject to special protection against termination is pursuing a claim for declaring the termination of the employment relationship ineffective or for reinstatement, the court, at the request of the employee at any stage of the proceedings, will grant security by ordering further employment of the employee by the employer until the proceedings have become final. The court may refuse to grant security only if the claim is manifestly unfounded.  » 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. Decent Work Agenda

Portugal: Social Support - Decent Work Agenda

Back in April, a number of relevant amendments to the Portuguese Labour Code and related legislation were published, implementing the so-called Decent Work Agenda, which entered into force in May this year. Several provisions and amendments introduced by said amendment still required regulation in providing for the social support allowances. These were published in July. Decree-Law No. 53/2023 published on the 5th of July, now regulates the social allowance dimension of the Decent Work Agenda by laying down measures aimed at protecting working students. The welfare allowances provided to employees for coverage of new protection provisions comprise the Decent Work Agenda amendments with the extension or coverage of certain leaves in cases of illness, death, paternity, maternity, and adoption. The protection provisions contained in this Decree-Law apply retroactively on 1 May 2023, when the Decent Work Agenda entered into force.  » 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.p t  or visit   www.mlgts.pt .

Sweden: Key Issues

1. An employee gave misleading information to his employer about the education that his study leave was related to and was legally dismissed for unauthorised absence  

Sweden: An Employee Gave Misleading Information to His Employer about the Education that His Study Leave Was Related and Was Legally Dismissed for Unauthorised Absence  

For several years, the employee, B.R., had requested and been granted part-time study leave in accordance with the Swedish Employee’s Right to Educational Leave Act. When the employer questioned the studies, B.R. claimed that he had been studying and was therefore entitled to leave. The Labour Court has concluded that B.R. was not entitled to leave under the provisions of the Act, and that B.R. had deliberately provided false information to the employer about his studies. According to the Court, B.R. had therefore grossly neglected his obligations to the employer, and reasons for dismissal were evident.  » 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. Changes were made in some of the hazard classifications

Türkiye: Changes Made in Some of the Hazard Classifications

A communique concerning changes in hazard classifications has been published to remove some of the hazard classes and include new classes.  » 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
2. Discrimination  
3. Health and wellbeing  
4. Data protection  
5. Legislation update  

United Kingdom: Disability discrimination: Neurodiversity  

The Employment Appeal Tribunal (EAT) has found that an employer failed to make reasonable inquiries into the effects of a job applicant’s dyspraxia.  » Read More

United Kingdom: Discrimination: Gender Reassignment   

A tribunal has suggested that using a gendered swear word to insult a transgender employee may amount to discrimination.  » Read More  

United Kingdom: Health and wellbeing: Menopause   

A tribunal has found that a worker suffering from menopausal symptoms was discriminated against.  » Read More

United Kingdom: Guidance on Data Protection   

The ICO has published guidance for employers on processing workers' health data.  » Read More

United Kingdom: Legislation Update   

There have been several recent legislative developments that will impact employers.  » 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. Labor law developments
2. DEI steps to consider  
3. Pregnant Workers Fairness Act  
4. EU-US Data Privacy Framework  

USA: Top Five Labor Law Developments for August 2023  

The NLRB made several significant changes to precedent. It reintroduced “quickie election” rules, affirmed that circumstantial evidence can be used to prove retaliation in labor cases, and expanded employers' duty to bargain during contract negotiations and after a collective bargaining agreement expires. Protections for employee advocacy were also strengthened regarding the Board’s approach in evaluating protected concerted activity. Additionally, the Department of Labor proposed a rule allowing union representatives to join Occupational Safety and Health Administration (OSHA) inspections if deemed necessary by OSHA officials.  » Read More

USA: Ten DEI Steps Employers Should Consider Now  

The U.S. Supreme Court held the use of race in university and college admissions is unconstitutional in its  Students for Fair Admissions, Inc . decisions on June 29, 2023. The Court’s ruling directly addresses only the admissions decisions of educational institutions that accept “federal financial assistance” based on an analysis under Title VI of the Civil Rights Act of 1964 and the Equal Protection Clause of the Fourteenth Amendment. Employers have been wondering what, if any, impact the ruling will have on employer diversity, equity, and inclusion (DEI) initiatives. Many DEI initiatives remain lawful and must be carefully designed, documented, and implemented to comply with applicable law. This article includes 10 simple steps employers should consider taking now.  » Read More

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: The EU-US Data Privacy Framework: Transferring Personal Data Under the New Privacy Shield

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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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