Australia: Key Issues

1. Casual employee rights 
2. New employment definition
3. Workplace delegates rights 
4. Intractable bargaining disputes
5. Sham contracting
6. Employee-like workers and road transport contractors 
7. Right to disconnect 

Australia: Closing Loopholes No. 2 Bill Finally Passes Both Houses of Parliament–Here’s What To Expect

The passing of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (“Bill”) marks the second round of reforms to the Fair Work Act 2009 (Cth) (“FW Act”), initiated by Minister for Employment and Workplace Relations, Hon. Tony Burke MP. » 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. Discrimination protection for employees undergoing fertility treatment
2. Val Duchesse Summit 2024 

Belgium: New Dismissal and Discrimination Protection for Employees Undergoing Fertility Treatment

An Act has been passed to enhance the protection of employees undergoing fertility treatments. This act amends the Employment Act of 16 March 1971 and the Gender Anti-Discrimination Act of 10 May 2007. » Read More

Belgium: Val Duchesse Summit 2024 to Boost EU Social Dialogue

On 31 January 2024, the Val Duchesse Social Partners Summit that was hosted by the European Commission and the Belgian Presidency of the Council of the EU brought together European social partners to sign a “Tripartite Declaration for a Thriving European Social Dialogue.” This summit marks a renewed commitment to strengthening social dialogue at the EU level. » 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. Gender pay gap transparency report

Brazil: Brazilian Gender Pay Gap Law – News about the Transparency Report and upcoming important dates

Companies with 100 or more employees have until 29 February 2024 to complete the form on the Ministry of Labour and Employment (MTE) website about their internal policies and practices regarding remuneration aspects and incentives to hire and maintain women at the workplace. On 15 March, the MTE will release the gender pay gap report, and companies will have until 30 March to publicise it on their communication channels (website, social media, etc.). » Read More

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.

Canada: Key Issues

1. New federal legislation imposes transparency and reporting obligations on certain entities regarding the presence of child labour and forced labour in their supply chains
2. Statutes that are constitutionally invalid, due to substantial interference with collective bargaining (part of the constitutional right of freedom of association)
3. Executive compensation requires clear policies, clearly communicated to the employee, especially if those are intended to restrict employee entitlements
4. A non-unionized health and safety manager was terminated for cause because of her improper handling of her own WSIB (workplace injury) claim

Canada: A Practical Guide to Supply Chain Transparency

On 1 January 2024, the Government of Canada imposed reporting obligations on certain entities as the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the “Act”) comes into force. The Act was introduced through Bill S-211 as part of the Government of Canada’s plan to hold certain companies accountable for forced labour and child labour in their supply chains, and requires initial reporting by 31 May 2024, along with the posting of that report on the covered entities’ website. » Read More

Canada: Bill 124 Wage Reopener Award: Another Significant Increase in Public Sector Wages

Ontario’s provincial appeals court upheld the lower court’s decision finding that a bill restricting compensation increases in the broader public sector was unconstitutional because it interfered with the constitutional right to freedom of association. » Read More

Canada: When it Comes to Employment Contracts, Clarity Counts!

A Vice President who was found to have retired voluntarily from his role – despite his claims of constructive dismissal – received damages for unpaid vacation, bonuses and stock options, as the employer did not clearly communicate to him the restrictive terms of the related policies. » Read More

Canada: Health and Safety Manager Dismissed for Cause for Improper Reporting and Handling of Her Own WSIB Claim

The Superior Court agreed that a Health and Safety Manager’s improper handling of her own workplace injury claim was just cause for terminating her employment. » 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. Interpretation of the labour directorate of the 40-Hour Law

Chile: Interpretation of the Labour Directorate of the 40-Hour Law

On the first few days of this month, the Labour Directorate issued three rulings that establish the meaning and scope of some relevant aspects of the "40-Hour Law." » 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 Supreme People's Court, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions released typical cases related to wage arrears disputes
2. The Ministry of Human Resources and Social Security issued three new regulations on new forms of employment

China: The Supreme People’s Court, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions released typical cases related to wage arrears disputes

On 25 January 2024, the Supreme People's Court, the Ministry of Human Resources and Social Security, and the All-China Federation of Trade Unions released typical cases related to wage arrears disputes. A total of 13 typical cases were released, covering topics such as the responsibility of the entity for wage payment arrears in the construction industry, the necessity for employers to consult with employees when changing wage payment methods, and the determination of online overtime pay. » Read More

China: The Ministry of Human Resources and Social Security issued three new regulations on new forms of employment

In November 2023, the Ministry of Human Resources and Social Security issued the Guidelines for Rest and Remuneration Protection of Workers in New Forms of Employment, the Guidelines for Publicizing Labour Rules for Workers in New Forms of Employment, and the Guidelines for Protecting the Rights and Interests of Workers in New Forms of Employment. » 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. Judge's power of assessment with respect to serious misconduct
2. Adjustment to pensions payments due to changes this 2024

Colombia: Is it possible for the judge to assess the seriousness of the misconduct contained in the internal work regulations?

The Supreme Court of Justice has taken up every criterion to the contrary, which has indicated that it is not for the judge to determine the seriousness of the fault the worker in the service of his employer could incur when this has been previously agreed upon by the parties, either in the employment contract, the collective agreement, or internal regulations.

Instead, it established as a criterion that the labour judge cannot be deprived of this function either by agreement between the parties or by the unilateral decision of the employer, since the consequences of such a stipulation may lead to the waiver of social rights by virtue of the legal consequences of the termination of the employment contract. » Read More

Colombia: Adjustment to Pensions Payments Due to Changes this 2024

On 17 January 2024, the Ministry of Labour and Social Security issued Circular 003 which is in accordance with the provisions of Article 14 of Law 100 of 1993, wherein the adjustments to pension payments due to changes of year are indicated as follows: » 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. Employer restraints on termination of employment during the protection period

Czech Republic: Employer Restraints on Termination of Employment during the Protection Period

The Czech Labour Code provides for several cases in which it is prohibited to give notice of termination of employment to an employee. In these cases, the employee is in the so-called protection period. In practice, a challenge quite often arises when employees exploit this protection with the intention of shielding themselves from potential termination of employment. » 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.

.

France: Key Issues

1. New immigration law finally comes into effect after review by the Constitutional Court
2. Temporary violation of a non-compete clause frees employer from any further payments

France: New Immigration Law Finally Comes Into Effect After Review by the Constitutional Court

The new immigration law of 26 January 2024 allows greater flexibility for the hiring of non-EU employees and for inter-group transfers, but also higher sanctions in cases of non-compliance with immigration rules. It also provides for the regularisation of certain illegal immigrants currently working in France in sectors of activity facing work shortages. » Read More

France: Temporary Violation of a Non-Compete Clause Frees Employer From Any Further Payment

In a ruling dated 24 January 2024, the French Supreme Court confirmed that the temporary violation by an ex-employee of a non-compete clause could not be corrected and meant that the employer was freed from paying any further non-compete indemnities. » 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. Challenging probative value of employees’ sick notes during notice period
2. Certain mistakes in mass dismissal notification may no longer lead to invalidity of terminations issued based on notification

Germany: Challenging Probative Value of Employees’ Sick Notes During Notice Period

The probative value of certificates of incapacity for work may be undermined if the employee submits one or more subsequent certificates after receipt of a notice of termination and the certificates precisely cover the notice period. » Read More

Germany: Certain Mistakes in Mass Dismissal Notification May No Longer Lead to Invalidity of Terminations Issued Based on Notification

After the 6th Senate of the Federal Labour Court announced in December 2023 that it would no longer declare dismissals invalid due to incorrect mass dismissal notifications, the 2nd Senate of the Federal Labour Court has now referred the matter to the ECJ for further clarification. » 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. Indian government proposes amendments to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

India: Indian Government Proposes Amendments to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The upper house of the Indian Parliament has circulated the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Amendment Bill, 2024, which proposes to bring in significant changes with respect to the time period within which a complaint relating to sexual harassment can be filed, the Internal Committee’s power to condone a delay in filing a complaint, and the process to be followed by the Internal Committee to address a complaint of sexual harassment. » 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. New regulations provide for on-the-spot fines for certain breaches of employment law
2. Employee denied work flexibility awarded 15 months’ pay for discrimination based on family status

Ireland: New regulations provide for on-the-spot fines for certain breaches of employment law

New “on-the-spot” fines, outlined in the Workplace Relations Act 2015 (Fixed Payment Notice) Regulations 2023 (the “Regulations”), empower the Workplace Relations Commission (“WRC”) inspectors to penalise employers for breaches of employment law. » Read More

Ireland: Employee Denied Work Flexibility Awarded 15 Months’ Pay for Discrimination Based on Family Status

An employee successfully brought a claim against her employer for discrimination on the grounds of family status, a lack of fair procedures, a flawed probationary review, non-payment of contractual notice, not being provided with prescribed statutory information about her contract of employment, and breaches under the Organisation of Working Time Act in a recent case before 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. Dismissal caused by an employee harassing female colleagues by sexting is lawful

Italy: Dismissal Caused by an Employee Harassing Female Colleagues by Sexting is Lawful

The dismissal of a bank employee who, disregarding the employer's warning, repeatedly harassed two female colleagues by sending them messages and invitations of a sexual nature is lawful. » 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. Mexican House of Representatives approve amendments to eradicate employment discrimination for those who have AIDS and/or HIV

Mexico: Mexican House of Representatives Approve Amendments to Eradicate Employment Discrimination for Those Who Have AIDS and/or HIV

Recently, the Mexican House of Representatives approved several amendments to Mexican laws in order to eradicate any type of discrimination, specially employment discrimination, for those employees who have AIDS and/or HIV. Currently, the amendment is pending approval of the Mexican Senate to be sent to the Mexican Executive power for its publication to become law. » 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. Beware of the obligation to consult the Works Council in case of reorganisations!
2. Study cost clauses in Dutch employment contracts no longer valid for mandatory training: legal implications and recent developments

The Netherlands: Beware of the obligation to consult the Works Council in case of reorganisations!

Based on the Works Council Act (in Dutch: WOR), a company must consult the works council about, (among other things), significant downsizing, expansion, and significant changes in operations, the distribution of tasks, or structure of the company. Recently, two companies misjudged whether a change was significant and were reprimanded by the Dutch Enterprise Court (in Dutch: Ondernemingskamer) for not consulting the works council. » Read More

The Netherlands: Study Cost Clauses in Dutch Employment Contracts No Longer Valid for Mandatory Training: Legal Implications and Recent Developments

The Transparent and Predictable Employment Conditions Act entered into force on 1 August 2022. In accordance with this act, the provisions of the Dutch Civil Code have been supplemented. If the employer is obligated to provide training, it must be provided to the employee free of charge. In January 2024, Dutch case law affirmed the invalidity of the study cost clause in specific branches. » 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 ruling regarding whistleblowing in the workplace
2. Ruling from the Court of Appeal regarding summary dismissal for sexual harassment
3. Ruling from the Court of Appeal Regarding an employee’s duty of disclosure during the hiring process

Norway: New Supreme Court Ruling Regarding Whistleblowing in the Workplace

The Norwegian Supreme Court recently issued a ruling (in case HR-2023-2430-A) that will have significant implications for whistleblowing in the workplace. » Read More

Norway: Ruling from the Court of Appeal Regarding Summary Dismissal for Sexual Harassment

The Norwegian Court of Appeal has handed down a judgement regarding summary dismissal for sexual harassment towards younger co-workers. The case concerned a shipworker in a senior position who was responsible for the staff on a ship’s galley. The company, a non-profit foundation, aimed to help challenged young people between the ages of 16 and 25 without education and jobs by providing employment and training on the ship. Many vulnerable young people were, therefore, employed by the company. » Read More

Norway: Ruling from the Court of Appeal Regarding an Employee’s Duty of Disclosure During the Hiring Process

This case concerned a jobseeker who had applied for a position as a driver/waste collector in a public enterprise where he had previously been temporarily employed. In Norwegian public enterprises, the employer has a duty to employ the applicant who appears to be best qualified (the qualification principle). There were two applicants for the position, and the plaintiff did not get the job. The two applicants were assessed as equal in terms of professional qualifications, but the plaintiff’s personal suitability was judged to be inferior to that of the other candidate. This was justified by the fact that, in connection with his appointment to the temporary position, he had not disclosed a previous criminal conviction. The question before the Court of Appeal was whether the plaintiff was entitled to compensation because he believed himself to have been unjustifiably passed over in the hiring process. » 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.

Philippines: Key Issues

1. Compensability of remote work injuries

Philippines: Compensability of Remote Work Injuries

On 26 January 2024, the Philippine Statistics Authority released its 2021/2022 Integrated Survey on Labour and Employment (“ISLE”), a nationwide survey covering inquiries on employment, occupational safety and health practices, and occupational injuries and diseases, among others. The ISLE made specific mention of alternative work arrangements that have been adopted by business establishments and workers in the Philippines. It is no surprise that, among the various alternative work arrangements, remote work or “work-from-home” (“WFH”) remains the most popular form among Filipino employees, with 70.7% of the workforce who are allowed alternative work arrangements preferring working from home over workweek reduction and hybrid arrangements. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Philippines, please contact Rashel Ann C. Pomoy (Partner) of Villaraza & Angangco at rc.pomoy@thefirmva.com or visit https://www.thefirmva.com.

Poland: Key Issues

1. New OHS regulations allow financing of employees’ contact lenses

Poland: New OHS Regulations Allow Financing of Employees’ Contact Lenses

At the end of 2023, new health and safety regulations for jobs equipped with screen monitors came into force. One of the changes is that employers will have a legal basis to provide funding for contact lenses for employees. Until now, the regulations only resolved to provide corrective glasses to employees who needed them. In practice, the provision took the form of co-financing the purchase of glasses by the employer. » 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.

Singapore: Key Issues

1. The Tripartite Committee’s final recommendations for workplace fairness legislation accepted by the Singapore Government

Singapore: The Tripartite Committee’s Final Recommendations for Workplace Fairness Legislation Accepted by the Singapore Government

The Ministry of Manpower announced on 4 August 2023 that the Singapore Government has accepted the Committee’s final recommendations for the Workplace Fairness Legislation (the “Announcement”). » Read More

For more information on these articles or any other issues involving labour and employment matters in Singapore, please contact Thomas Choo (Partner) of Clyde & Co Clasis at Thomas.Choo@clydeco.com or visit www.clydeco.com.

Sweden: Key Issues

1. An employer’s prohibition of wearing Islamic headscarves in the workplace was not considered discriminatory by the Labour Court
2. A vaccination policy for nurses was considered justified by the Labour Court

Sweden: An Employer’s Prohibition of Wearing Islamic Headscarves in the Workplace was not Considered Discriminatory by the Labour Court

The Labour Court has ruled that a so-called neutrality policy prohibiting a security guard on public transport from wearing an Islamic headscarf does not constitute discrimination on the grounds of sex or religion. » Read More

Sweden: A Vaccination Policy for Nurses was Considered Justified by the Labour Court

A healthcare company that runs a hospital for the elderly introduced a vaccination policy requiring vaccination against Covid-19 for employees working in patient care. The Labour Court found that the company had the right to apply such a vaccination policy. As a result, the employees who had not been vaccinated in accordance with the vaccination policy were not considered to be at the employer's disposal and were, therefore, not entitled to salary. » 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 labour sector regulation has been amended

Türkiye: The Labour Sector Regulation Has Been Amended

Article 4 of the Labour Sector Regulation has been amended. Changes may affect unions’ authorisation process within the workplace. » 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. Termination: Settlement agreements
2. Whistleblowing: Acas Code on Disciplinary and Grievance Procedures
3. Flexible working requests: Hybrid/remote working
4. Upcoming legislative changes: Time to update staff handbooks
5. Flexible working requests: Reforms
6. Holiday entitlement and pay: New guidance

United Kingdom: Termination: Settlement agreements

The Court of Session has ruled that settlement agreements can be used to settle unknown future claims. » Read More

United Kingdom: Whistleblowing: Acas Code on Disciplinary and Grievance Procedures

The EAT made findings in relation to the application of the Acas Code on Disciplinary and Grievance Procedures to a whistleblowing dismissal and compensation awards. » Read More

United Kingdom: Flexible working requests: Remote/Hybrid working

An employment tribunal has ruled that an employer was justified in refusing a full-time remote working request. » Read More

United Kingdom: Upcoming legislative changes: Time to update staff handbooks

With a raft of new employment legislation coming into effect from April 2024, employers should update their staff handbooks. » Read More

United Kingdom: Flexible working requests

The planned flexible working reforms are now due to come into force from 6 April 2024. » Read More

United Kingdom: Holiday entitlement and pay: New guidance

The government has published guidance on holiday entitlement and holiday pay reforms. » 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. The Year Ahead 2024: ESG
2. Immigration issues companies reconsidering Bachelor’s Degree as job requirement must keep in mind
3. Federal contractors required to post salary ranges in job postings under proposed DOL regulations
4. Top Five Labor Law Developments for January 2024

USA: The Year Ahead 2024: ESG

As 2024 unfolds, DEI initiatives continue where 2023 left off. However, the landscape may shift due to mid-December Muldrow oral arguments in the U.S. Supreme Court. Jackson Lewis ESG co-chairs Monica Khetarpal and Laura Mitchell explore how ESG audits can help organizations assess risk and recalibrate effectively across the entire employee life cycle. Simultaneously, Environmental, Social, and Governance (ESG) issues are gaining prominence in boardrooms. » Read More

USA: Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. » Read More

USA: Federal Contractors Required to Post Salary Ranges in Job Postings Under Proposed DOL Regulations

In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden Administration has released a proposal that would prohibit federal contractors from using a job applicant’s prior salary history when setting pay and require federal contractors to post the expected salary range in its job postings. » Read More

USA: Top Five Labor Law Developments for January 2024

A list of the top five labor law developments for January 2024 in the USA. » 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.

This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice with regard to any specific case. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Action should not be taken on this document alone. For specific advice, please contact a specialist at one of our member firms or the firm that authored this publication.

L&E Global CVBA is a civil company under Belgian law that coordinates an alliance of independent member firms. L&E Global does not provide client services of any kind. Such services are solely provided by the member firms in their respective jurisdictions. In certain circumstances, L&E Global is used as a brand or business name in relation to and by some or all of the member firms. L&E Global CVBA and its member firms are legally distinct and separate entities. They do not have, and nothing contained herein, shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners or joint ventures. No member firm, nor the firm which authored this publication, has any authority (actual, apparent, implied or otherwise) to bind L&E Global CVBA or any member firm, in any manner whatsoever.