Australia: Key Issues

1. Closing Loopholes Bill and how to prepare yourself for it

Australia: Closing Loopholes Bill and How to Prepare Yourself for It  

On 4 September 2023, the federal government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 in the Australian Parliament. The Bill identifies closing certain “loopholes” that will conclude the government’s ongoing reforms to the Fair Work Act 2009 (CT) (“FW Act”). » 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. Expansion of the Flexi-Job System to 12 new sectors with stricter rules

Belgium: Expansion of the Flexi-Job System to 12 New Sectors with Stricter Rules

On 9 October 2023, the Federal Government concluded an agreement regarding the budget. The big trophy for the liberal parties within the government is the expansion of the flexi-job system. However, to concede to the worries of the socialist and green parties (and the trade unions), the system is also made stricter. » 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. The 4th lower Labour Court of São Paulo/SP grants a decision recognising that Uber drivers are employees

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

Chile: Key Issues

1. Main amendments to the insurance for the accompaniment of children suffering from serious diseases

Chile: Main Amendments to the Insurance for the Accompaniment of Children Suffering from Serious Diseases 

In 2023, Law 21.063 was amended by Law 21.614, enforced since September of this year, which amplified the contingencies protected by the insurance of serious illness requiring hospitalization in an intensive care or intermediate treatment unit for children over one year old and under five years of age. » 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. Cyberspace Administration of China issued the provisions on regulating and promoting Cross-border Data Flow (Exposure Draft) 
2. General Office of the State Council launched the regulations on social insurance handling

China: Cyberspace Administration of China issued the Provisions on Regulating and Promoting Cross-border Data Flow (Exposure Draft)

The Cyberspace Administration of China has released the Provisions on Regulating and Promoting Cross-border Data Flow (the “Provisions”) 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 Provisions provide a clearer definition of data cross-border, as well as clearer guidance on when and in what situations data outbound security assessments and other procedural prerequisites are required and when exemptions can be granted. » Read More

China: General Office of the State Council launched the Regulations on Social Insurance Handling

The Regulations on Social Insurance Handling are a set of Regulations formulated by the State Council with the aim of safeguarding the security of the social insurance fund and promoting social equity. The Regulations are applicable to the handling of basic pension insurance, basic medical insurance, work-related injury insurance, unemployment insurance, maternity insurance, and other social insurance stipulated by the State. The Regulations specify the procedures for social insurance registration and transfer of relationships, the methods of approving and paying social insurance benefits, the requirements for the services and management of social insurance agencies, and the supervision of and legal responsibility for social insurance agencies. » Read More

For more information on these articles or any other issues involving labour and employment matters in China, please contact Carol Zhu (Partner) of Zhong Lun Law Firm at carol.zhu@zhonglun.com or visit www.zhonglun.com.

Colombia: Key Issues

1. New Labour Reform Bill filed on 24 August 2023

Colombia: New Labour Reform Bill filed on 24 August 2023

On 24 August 2023, the national government re-filed the labour reform bill PL 166/2023C with the General Secretariat of the House of Representatives. The current 92-article initiative includes new proposals such as the formalisation of labour formalisation for workers in ports, supply centres and transport and an order to the Ministry of Health and the Ministry of Labour to make the necessary adjustments to allow people to contribute part-time to their social security. » 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. New rules for teleworking in the Czech Republic

Czech Republic: New Rules for Teleworking in the Czech Republic 

As we informed you last month, a comprehensive amendment to the Labour Code was adopted by the Czech legislature. One of the areas that have undergone the most significant changes is teleworking, often inaccurately referred to as “home office.” In this article, we present an overview of the updated provisions governing this flexible mode of work. » 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.

European Union: Key Issues

1. Court of Justice Rules on scope of information and consultation obligations when taking away managerial mandates of employees in a public sector context

EU: Court of Justice Rules on Scope of Information and Consultation Obligations when Taking Away Managerial Mandates of Employees in a Public Sector Context

The Eoppep case (Ethnikos Organismos Pistopoiisis Prosonton & Epangelmatikou Prosanatolismou/E. Dimosio) concerns the interpretation of Article 2(a) and Article 4(2)(b) of Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002, establishing a general framework for informing and consulting employees in the European Community. » 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. Rights to paid holidays continue to accrue during all types of sick leave
2. The French Government wishes to take action against fake sick leaves

France: Rights to Paid Holidays Continue To Accrue During All Types of Sick Leave 

The French Supreme Court aligns French law with European law and confirms that employees continue to accrue rights to paid holidays during their sick leave. » Read More

France: The French Government Wishes To Take Action Against Fake Sick Leaves

The bill mainly provides for the increased control of sick leave by the social security authorities and sets limitations on online medical certificates. » 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. Employer has to pay damages for the use of photographic material of a former employee

Germany: Employer Sentenced to Payment of 10.000,00 EUR in Damages for Unauthorised Use of Photographic Material Showing a Former Employee 

Using photos and videos of a former employee in company advertising after employment has ended may lead to a damage claim by the said employee. » 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. Statutory obligations under the protected disclosures legislation will take effect on 17 December 2023 for employers with 50-249 employees 
2. Update on the right to request remote work

Ireland: Reminder: Statutory Obligations Under the Protected Disclosures Legislation Will Take Effect on 17 December 2023 for Employers with 50-249 Employees

A timely reminder that the statutory obligation to establish reporting channels and procedures for the making of protected disclosures (i.e., whistleblowing complaints) will extend to employers in Ireland (with 50-249 employees) on 17 December 2023. » Read More
 

Ireland: Update on the Right to Request Remote Work 

Under the Work-Life Balance and Miscellaneous Provisions Act 2023 (the “Act”), a right to request remote work was introduced, subject to the publication of a Code of Practice by the Workplace Relations Commission (the “WRC”). » 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. Italian case law confirms the subordinate nature of the employment relationship of riders

Italy: Italian Case Law Confirms the Subordinate Nature of the Employment Relationship of Riders

According to case law references, the company that determines to cease its food delivery on the national territory, notifying riders the termination of such activity, even if subject to a collaboration contract, commits anti-union conduct. This is due to the qualification of riders as subordinate employees, which within this context involves the application of rules on collective layoffs for the shutting down of businesses by large companies and on mass dismissals. » 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. Possible Constitutional Reform for the reduction of working hours

Mexico: Possible Constitutional Reform for the Reduction of Working Hours

In Mexico, the House of Representatives Member, Susana Prieto, from the Political Party Morena, presented a proposed bill to constitutionally amend working hours. » 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. 

Norway: Key Issues

1. Exemptions from new hiring rules in the event industry
2. Judgement from the Court of Appeal regarding occupational accident in home office  
3. New Judgement from the Court of Appeal regarding placement of wages and pension scheme in the event of a transfer of undertakings  
4. The Norwegian Data Protection Authority’s Guide on monitoring employees’ use of electronic equipment

Norway: New Bill: Exemptions from New Hiring Rules in the Event Industry 

From 1 April 2023, the new restrictions on employers’ hiring from temporary work agencies entered into force. The changes entail that employers can no longer justify hiring from staffing agencies for the temporary nature of the job. » Read More
 

Norway: Judgement from the Court of Appeal Regarding Occupational Accident in Home Office  

Norway: New Judgement from the Court of Appeal Regarding Placement of Wages and Pension Scheme in the Event of a Transfer of Undertakings  

Norway: The Norwegian Data Protection Authority’s Guide on Monitoring Employees’ Use of Electronic Equipment 

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. Tax Office conducts checks on creative employees’ remuneration

Poland: Tax Office Conducts Checks on Creative Employees’ Remuneration

Some creative workers may benefit from 50% deductible costs for the transfer to the employer of the copyright of the works they have created. In practice, the application of this tax scheme means a higher net wage for the employee but also lower revenues for the State Treasury. For this reason, the tax authorities are stepping up their controls in this area in order to determine whether the 50% deductible costs are not being abused, unjustifiably depleting the state's revenue. » 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. Remote work expenses

Portugal: Non-Taxable Caps Applicable to Expense Allowances Paid by Employers to Employees Working from Home 

Within the last two years, several relevant amendments were introduced in Portugal regarding remote work. Among the issues discussed and amended were those on the costs (e.g., in power supply, internet connection, and the like) that working from home brought upon employees working remotely. » Read More

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

Spain: Key Issues

1. New obligations for companies concerning LGBTI
2. Remote working 
3. Digital Nomads' Visa

Spain: New Obligations for Companies Regarding LGBTI Create Doubts and Uncertainties

On 2 March 2023, Law 4/2023 of February 28, for the real and effective equality of trans people and for the guarantee of the rights of LGBTI people, came into force in Spain. » Read More
 

Spain: Commentary to the Case Ruling STSJ Galicia 2660/2023 of 30 May 2010 

This ruling has declared null and void an "adherence" remote work agreement drafted by the company and signed by multiple of its workers. » Read More
 

Spain: Status of Digital Nomads' Visas in Spain   

Currently, the processing of visas for digital nomads in Spain is proving to be a complex process, which they are trying to streamline. » Read More

For more information on these articles or any other issues involving labour and employment matters in Spain, please contact Iván Suárez (Partner) of Suárez de Vivero at isuarez@suarezdevivero.com or visit www.suarezdevivero.com.

Sweden: Key Issues

1. Minimum wage

Sweden: Swedish Model in Line with the EU’s Minimum Wage Directive

A government inquiry on how Sweden should implement the Minimum Wage Directive has been published. As the purpose of the Directive can be achieved by promoting collective bargaining rather than through statutory minimum wages, no major legislative changes are expected in Sweden. » 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.

United Kingdom: Key Issues

1. Childcare disparity
2. Unfair dismissal and race discrimination
3. Holiday pay
4. Data protection
5. The right to request a predictable working pattern

United Kingdom: Indirect Discrimination: “Childcare Disparity” 

An employment tribunal found that dismissal of a female community nurse for refusing to work occasional weekends for childcare reasons under a new policy was justified and was not indirect sex discrimination. » Read More

United Kingdom: Unfair Dismissal and Race Discrimination: Use of Racially Offensive Term During a Training Session  

An employment tribunal has found that a manager who used an offensive racial term in a race awareness training session was unfairly dismissed and discriminated against because of something arising from his disability. » Read More

United Kingdom: Holiday Pay: Claim for Series of Deductions Succeeds in Northern Ireland 

The Supreme Court finds that police officers could pursue claims for underpaid holiday pay on the basis the underpayments were a part of a series of deductions. » Read More

United Kingdom: Data protection: New guidance and a Fine for TikTok 

The ICO has published new guidance for employers on how monitoring can be done lawfully. » Read More

United Kingdom: New Right to Request a Predictable Working Pattern

New legislation will give some workers and agency workers the right to request a predictable work pattern, and the National Minimum Wage is set to increase in April 2024. » 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. Boost in OSHA inspections expected for “high risk” retailers
2. EEOC’s proposed guidance on harassment in the workplace

USA: Boost in OSHA Inspections Expected for “High Risk” Retailers

Retailers rely on warehouse, processing, and distribution facilities to store and ship their products, but these facilities have high rates of employee injuries and illnesses. OSHA has launched a National Emphasis Program to inspect and eliminate hazards in these facilities, as well as in retail establishments with similar risks. The program aims to protect the health and safety of more than 1.9 million workers in the industry. » Read More

USA: EEOC’s Proposed Guidance on Harassment in the Workplace

The Equal Employment Opportunity Commission (EEOC) released its revised “Proposed Enforcement Guidance on Harassment in the Workplace” on Sept. 29, 2023. If issued in final, the guidance would be the EEOC’s first update on harassment since its “Enforcement Guidance on Vicarious Liability for Unlawful Harassment by Supervisors” in 1999. A 2017 proposed guidance on workplace harassment stalled under the Trump Administration. » 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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