Australia: Key Issues

1. The AHRC will have the power to enforce compliance with the positive duty to eliminate sexual harassment and discrimination in Australian workplaces from 12 December 2023

Australia: The Australian Human Rights Commission’s Compliance Powers Regarding the Positive Duty to Eliminate Sexual Harassment and Discrimination Commence on 12 December 2023 

The Australian Human Rights Commission’s Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces Report (published in 2020) made a number of recommendations for legislative changes in Australia. One of those recommendations was the introduction of a new positive duty as part of the Sex Discrimination Act 1984 (Cth). This positive duty is designed to shift the emphasis from a complaints-based model to one where employers or persons conducting a business or undertaking must continuously assess and evaluate whether they are meeting their requirements to eliminate sex discrimination and harassment in the workplace. From 12 December 2023, the Australian Human Rights Commission will have the power to enforce compliance with the positive duty. » 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. Changes to reductions in social security contributions for first hires as of 2024

Belgium: Changes to Reductions in Social Security Contributions for First Hires as of 2024

In order to boost the creation of employment, Belgium knows a system of reductions of the social security contributions paid for the first employees hired by a company. This system is applied to new employers of new employees, which means employers that never engaged employees before. As these reductions are rather expensive for the social security budget, the reductions will be reduced in 2024. » 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. Determining compliance with the OHSA and its regulations
2. Employers who meet the 25-employee threshold requirement must have a written policy on the electronic monitoring of employees in place by 11 October 2022
3. Opening Ontario to foreign workers and expanding injured workers benefits
4. New legislation covering pay transparency, AI and NDA’s covering sexual
5. Ontario Human Rights Code and discrimination based on citizenship in the hiring process

Canada: The Role of Control: Supreme Court Confirms Definition of “Employer” Under the Occupational Health and Safety Act

The Supreme Court of Canada recently released a decision clarifying who is an “employer” under Ontario’s Occupational Health and Safety Act. » Read More

Canada: “Anti-Scab” Legislation and Possible Ban of Replacement Workers in Federal Workplace Strikes/Lock-Outs

Federal Government’s Bill C-58, if passed, may have significant impacts on the collective bargaining process between federally-regulated employers and unions, including the necessity to develop “maintenance of activity” agreements. » Read More

Canada: More Announcements on Job Postings and Injured Workers Benefits

The Government of Ontario recently announced measures which will increase benefits for injured workers and make it easier for qualified and trained immigrant workers without Canadian work experience to work in their area of expertise. » Read More

Canada: Pay Transparency, Take Two

The Government of Ontario has announced new laws affecting public job postings, which will require pay transparency and disclosure of AI in the hiring process. Also announced is a consultation process on restricting NDAs covering sexual misconduct in the workplace. » Read More

Canada: Ontario Court of Appeal Finds Hiring Policy Discriminated Based on Citizenship

A recent Ontario Court of Appeal decision held that a policy of hiring only Canadian citizens or permanent residents violated Ontario’s Human Rights Code. » 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. Law No. 21,628 amends Law No. 19,728, which establishes the unemployment insurance, among other measures

Chile: Law No. 21,628 Amends Law No. 19,728, which Establishes the Unemployment Insurance, Among Other Measures

On the 31st of October 2023, Law No. 21,628 (the "Law") was published in the Official Gazette. The Law amends Law No. 19,728 which establishes unemployment insurance and adds a new subsection to Article 9 bis to the Labour Code. » 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 convention abolishing the requirement of legalisation for foreign public documents came into effect in mainland China on 7 November 2023
2. Shanghai: the individuals who are obligated to adhere to non-competition obligations should be strictly limited within the scope defined by law

China: The Convention Abolishing the Requirement of Legalisation for Foreign Public Documents Came into Effect in Mainland China on 7 November 2023

The Convention abolishing the requirement of legalisation for foreign public documents came into force in China on 7 November 2023. China's accession alters the requirement for the legalisation of official documents by replacing it with an apostille issued by the designated authority in the originating State. » Read More

Shanghai, China: The Individuals Who are Obligated to Adhere to Non-Competition Obligations Should Be Strictly Limited Within the Scope Defined by Law

Shanghai First Intermediate People’s Court held that: First, the purpose of imposing non-compete restrictions on employees is to protect the employers’ trade secrets and confidential information, particularly those related to intellectual property rights, provided that the employees are under a confidentiality obligation.  Second, in the special employment scenario of labor dispatch where employment and work are separated, the owner and knower of trade secrets and intellectual property-related secrets are usually the accepting entities and labour dispatch employees, rather than the dispatching entities. Therefore, signing a non-compete agreement between these two parties is in line with the legislative intention of the non-compete system. » 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. Document delivery legal framework

Czech Republic: Document Delivery: Navigating the Latest Legal Framework in the Czech Republic

New rules for the delivery of employment-related documents have been in effect in the Czech Republic since 1 October 2023. The amendment to the Labour Code at least partially addressed the demands of employees and especially employers, who have criticised the almost impossible conditions for the electronic delivery of important documents. » 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.

EU: Key Issues

1. Second European Employment and Social Rights Forum focuses on AI and the world of work

EU: Second European Employment and Social Rights Forum Focuses on AI and the World of Work

The European Employment and Social Rights Forum (in short European Social Forum or EESRF) was launched last year by the EU Commission to boost political and academic discussions about the social dimension of the EU. Last year, the event focused on how to achieve a fair and inclusive green transition for all. This year, Artificial Intelligence (AI) was chosen as the main focus. The event took place on 16-17 November 2023. » 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.

Germany: Key Issues

1. Employees have the right, under Article 17 of the GDPR, to request the removal of warning letters from their personnel files following termination
2. A recent ECJ decision underscores the call for equal treatment of part-time employees regarding additional compensation for overtime

Germany: GDPR Implications: Employee's Right to Have Warning Letters Removed After Termination of Employment

We explain the GDPR implications of a recent court decision granting employees the right to have warning letters removed from their files after termination of employment and the associated compensation for delayed disclosure of information under the GDPR. » Read More

Germany: Discrimination of Part-Time Employees on the Topic of Overtime Compensation

National regulations tying extra compensation to exceeding a set number of working hours (regardless of deviating regular working hours of the affected employees), as observed in the case of part-time flight crew members, may constitute discrimination under the EU Framework Agreement on Part-Time Work. The European Court of Justice (ECJ) has ruled on the matter, addressing concerns related to the treatment of part-time employees in cases of additional compensation for specific job duties. » 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. Domestic Violence Leave coming into effect on 27 November 2023
2. Supreme Court rules that Domino's delivery drivers were employees, not independent contractors
3. First WRC decision under the new statutory sick pay legislation

Ireland: Domestic Violence Leave Coming into Effect on 27 November 2023 

The Irish government recently announced that domestic violence leave, which allows eligible employees to take five days paid leave, will come into effect on 27 November 2023. » Read More
 

Ireland: Supreme Court Rules that Domino's Delivery Drivers were Employees, Not Independent Contractors 

Ireland: First WRC Decision Under the New Statutory Sick Pay Legislation 

The WRC recently decided the first case under the new statutory sick pay legislation and found that employers who have company sick pay provisions that are more favourable to employees than the statutory sick pay will not be affected by the legislation. » 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. Is it feasible to lawfully dismiss the employee refusing to change his/her working time?

Italy: Is it Feasible to Lawfully Dismiss Employee Refusing to Change Working Time? 

The termination served by the employer following the refusal by the employee to change his/her working time (from part-time to full-time and vice versa) cannot be an automatic consequence of such refusal. To be legitimate, the dismissal shall be grounded on effective economic and organizational needs not allowing the maintenance of the previous working time schedule. » 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. Are companies ready to implement the standards of telework safety and health conditions at work? 

Mexico: Are Companies Ready to Implement the “Official Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work”? 

On 8 June 2023, the Labour and Social Welfare Ministry issued the “Official Standard NOM-037-STPS-2023 Telework-Safety and Health Conditions at Work,” which establishes certain obligations and requirements for employers to protect and safeguard the health and safety of their employees working under the Teleworking modality. Some of the obligations set out in the Official Standard require employers to have a Teleworking Policy in place by 5 December 2023 along with other obligations. » 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. New legislative proposal to combat false self-employment

The Netherlands: New Legislative Proposal to Combat False Self-Employment

The Clarification of Assessment of Employment Relations and Legal Presumption Act, released for consultation on October 6, 2023, aims to curb false self-employment by clarifying rules on employee and self-employed status. If enacted on 1 July 2025, with no transitional law, it will immediately impact existing and future contracts, challenging the classification of self-employed individuals. Proposed amendments to the Civil Code emphasize organisational integration and introduce a legal presumption, impacting how employment relationships are determined. Employers must anticipate potential changes and assess current agreements with self-employed workers under the proposed legislation. » 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 Supreme Court Judgement regarding working hours (HR-2023-2068-A)
2. Proposed changes to the violation fine regulations

Norway: New Supreme Court Judgement Regarding Working Hours (HR-2023-2068-A)

On 2 November, the Norwegian Supreme Court concluded that offshore workers’ so-called “available time” (time when the employee is available for the employer) pursuant to their CBA, is not to be regarded as “working hours” in accordance with Chapter 10 of the Working Environment Act (“WEA”). » Read More
 

Norway: Proposed Changes to the Violation Fine Regulations 

The Government has proposed raising the upper limit for the Labour Inspection Authority's (Arbeidstilsynet) violation fee. » 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. 

Romania: Key Issues

1. New obligation for employers on preventing and fighting harassment at the workplace

Romania: New Obligation for Employers on Preventing and Fighting Harassment at the Workplace

According to a new government decision, the employers have the obligation to internally implement the guidelines set by the normative act regarding the prevention and fighting of harassment based on the sex criterion and the moral harassment at the workplace. » 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.

Sweden: Key Issues

1. Minimum monthly salary to obtain or extend work permit

Sweden: Minimum Monthly Salary to Obtain or Extend Work Permit 

Since 1 November 2023, the minimum monthly salary to obtain or to extend a work permit has been increased significantly from SEK 13,000 to SEK 27,360. The increase will affect the possibilities to obtain work permit for many low-paid job positions. » 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.

UK: Key Issues

1. Discrimination: philosophical belief
2. Holiday entitlements and pay; TUPE: legislation changes
3. Discrimination: legislation changes
4. Other recent developments
5. Women’s health: menopause and the workplace
    

UK: Discrimination: Philosophical Belief

An employment tribunal has ruled that an employee's opposition to critical race theory was a protected belief under the Equality Act. » Read More

UK: Holiday Entitlements and Pay; TUPE: Legislation Changes

Following consultations this year on proposed changes to the Working Time Regulations (WTR) and TUPE, the government has published draft amending regulations. » Read More

UK: Discrimination: Legislation Changes

Upcoming discrimination legislation changes will see changes to the Equality Act 2010 and a new duty to prevent sexual harassment. » Read More
 

UK: Other Recent Developments

There have been a number of recent workplace developments which will impact on employers, including the publication of a draft Code of Practice relating to requests for predictable work patterns and changes for some ‘spent’ criminal convictions. » Read More
 

UK: Women’s Health: Menopause and the Workplace 

The government has published a policy paper providing guidance "to help recruit, support and retain women experiencing menopause and stop women considering giving up their employment." » 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. President Biden issues Executive Order regarding the development and use of AI
2. NLRB’s new joint-employer rule: what it means for retailers and other user employers
3. Managing outside investigators – best practices for employers

USA: President Biden Issues Executive Order Regarding the Development and Use of AI

On October 30, 2023, President Biden issued an Executive Order regarding the Development and Use of Artificial Intelligence across the federal government. The Executive Order (EO) is intended to establish new standards for AI safety and security. The EO builds on principles set forth last year in the White House’s Blueprint for an AI Bill of Rights. » Read More

USA: NLRB’s New Joint-Employer Rule: What It Means for Retailers and Other User Employers

The National Labor Relations Board’s new Final Rule for determining joint-employer status under the National Labor Relations Act expands the current standard by allowing the Board to find joint-employer status if an entity possesses the authority to control at least one of the seven enumerated essential terms and conditions of employment, regardless of whether that control is actually exercised. The Board would use the same standard even when an entity is using intermediaries or other third parties, such as a staffing agency. This raises concerns among retailers and other employers in commercial arrangements, including franchisors-franchisees, contractors-subcontractors, and staffing agencies-user employers. » Read More

USA: Managing Outside Investigators – Best Practices for Employers

When workplace misconduct, whistleblowing or harassment is at issue, employers commonly turn to outside investigators to help ensure an unbiased investigation that will withstand challenge in future litigation. Engaging an investigator who is an attorney helps ensure that the investigation file and report will be protected by attorney client privilege. Employers may later decide to waive that privilege and produce the report, which can give rise to mandatory disclosure of the investigator’s entire file and, potentially, testimony by the investigator. These tips help protect the privilege that applies to the investigation and help ensure the integrity of the investigation. » 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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