Argentina: Key Issues

1. Supreme Court overturned the annual, regular, and consecutive capitalization of interest applied in labour court claims.

Argentina: Supreme Court Overturned the Annual, Regular, and Consecutive Capitalization of Interest Applied in Labour Court Claims

On 29 February 2024, the Supreme Court of Argentina (hereinafter, “SC” or the “Supreme Court”) rendered a decision in the case “Oliva, Fabio Omar v. COMA S.A.” overturning the annual, regular, and consecutive capitalization of interest applied by the National Labour Court of Appeals of the City of Buenos Aires (“CNAT”) through Act No. 2764/2022 (the “Act”). » 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. 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: The Closing Loopholes No. 2 Act Has Commenced

The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 received Assent and became law in Australia on 26 February 2024. In this article, we update our February 2024 Employment Law Tracker alert to outline when various amendments under this Act will come into force. We recommend that employers with operations in Australia review any employment contracts, policies and internal operations to ensure compliance with these legislative reforms. » 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. What does book 6 of the new Civil Code mean for the worker’s liability?

Belgium: What Does Book 6 of the New Civil Code Mean for the Worker’s Liability?

On 1 February 2024, the House of Representatives approved a new bill relating to Book 6, "Extra-contractual liability" of the Civil Code. This reform significantly altered the rules governing the liability of auxiliaries and the concurrence of contractual and extra-contractual liabilities. It will be effective 6 months after its publication in the Belgian Official Gazette (which has not yet occurred). » 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. Companies take legal action to prevent the publication of the transparency report related to the gender pay gap.

Brazil: Companies Take Legal Action to Prevent the Publication of the Transparency Report Related to the Gender Pay Gap

On 18 March, the Ministry of Labour and Employment (MTE) will release the transparency report, and companies will have up until 30 March to publicize it on their communication channels (website, social media, etc.). Considering the potential impacts of the publication of such report for the companies, they are taking legal actions to try to prevent its publication. » 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. Canada Labour Code amendments are now in force to place new obligations on federally-regulated employers, including graduated notice of termination of employment, similar to many provincial employment standards statutes.
2. By denying a rarely-used motion for re-hearing, the Supreme Court of Canada has effectively confirmed its November 10, 2023, decision regarding the definition of “employer” under Ontario’s Occupational Health and Safety Act (“OHSA”).
3. Ontario superior courts continue to find reasons to render termination clauses void as violating the Employment Standards Act, 2000 (“ESA”). In a decision dated 16 February 2024, the Ontario Superior Court of Justice refused to enforce language that stated the employer could terminate an employee’s employment in its “sole discretion… at any time.”
4. Responding to an Ontario Court of Appeal decision from January striking down Bill 124 as unconstitutional, the government repealed the law in its entirety.
5. A labour arbitrator confirms that sick leave provisions introduced to the Canada Labour Code in 2022 are a minimum standard. Like with provincially-legislated minimum standards, an employer must either meet that minimum (by providing equivalent benefits that have the same purpose) or beat them (by providing a more generous benefit).

Canada: Terminating a Federally-Regulated Employee? New Requirements that Employers Need to Know

Amendments to the Canada Labour Code have now come into force. These place new obligations on federally-regulated employers, including graduated notice of termination of employment, similar to many provincial employment standards statutes. » Read More

Canada: Update: The Supreme Court of Canada Denies Motion for Re-Hearing in R v. Greater Sudbury

By denying a rarely-used motion for re-hearing, the Supreme Court of Canada has effectively confirmed its November 10, 2023 decision. That decision startled the expansion of the definition of “employer” under Ontario’s Occupational Health and Safety Act (“OHSA”) to include construction site owners, even if they have minimal involvement in the day-to-day operations of the workplace/jobsite. » Read More

Canada: Contract Permitting Termination in an Employer’s “Sole Discretion… at Any Time” is Unenforceable

Ontario superior courts continue to find reasons to render termination clauses void as violating employment standards legislation. In a decision dated February 16, 2024, the Ontario Superior Court of Justice refused to enforce language that stated the employer could terminate an employee’s employment in its “sole discretion… at any time”. The judge held that this, among other components of the provision, violated the Employment Standards Act, 2000 (“ESA”), and that the employer could not rely on it to override the employee’s entitlement to common law reasonable notice of termination. » Read More

Canada: Ontario Repeals Bill 124

Responding to an Ontario Court of Appeal decision from January striking down Bill 124 as unconstitutional, the government repealed the law in its entirety. » Read More

Canada: Meet it or Beat it: Paid Medical Leave under the Canada Labour Code is a Minimum Standard

A labour arbitrator confirms that sick leave provisions introduced to the Canada Labour Code in 2022 are a minimum standard. Like with provincially-legislated minimum standards, an employer must either meet that minimum (by providing equivalent benefits that have the same purpose) or beat them (by providing a more generous benefit). As a result, employers do not need to provide CLC sick days to their employees if an existing sick leave practice produces a more favourable benefit to employees. » 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. Progressive implementation of the 40-Hour Law

Chile: Progressive Implementation of the 40-Hour Law

The “40-Hour Law” will come into force in stages, with working hours being gradually reduced. » 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. Official launch of the People's Court Case Database: now accessible to the public.
2. Shanghai pilot free trade zone's Lingang New Area: released measures for cross-border data transfer classification and graded management.

China: Official Launch of the People's Court Case Database: Now Accessible to the Public

On 27 February 2024, the People's Court Case Database was officially launched and made available to the public. The People's Court Case Database includes authoritative cases that have been reviewed and deemed to have reference and exemplary value for similar cases by the Supreme People's Court. This collection comprises guiding cases and reference cases. » Read More

China: Shanghai Pilot Free Trade Zone's Lingang New Area: Released Measures for Cross-Border Data Transfer Classification and Graded Management

On 19 January 2024, the Lingang New Area of Shanghai Pilot Free Trade Zone issued the Measures for Classification and Graded Management of Cross-Border Data Transfer in Lingang New Area (Trial Implementation) (the “Measures”). The Measures aim to classify and manage cross-border data transfer. According to the Measures, data will be divided into three levels: core data, important data, and general data. Importantly, the cross-border transfer of core data is strictly prohibited. » 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. Is maternity leave optional?

Czech Republic: Is Maternity Leave Optional?

In light of the evolving family dynamics, questions surrounding the duration of maternity leave are surfacing. While the Czech Labour Code stipulates specific entitlements for expecting mothers, including maternity leave, an increasing number of employees are seeking alternative arrangements. » 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.

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European Union: Key Issues

1. CJEU: Exclusion of temporary employment contracts from the duty to motivate dismissal violates EU Law

EU: CJEU: Exclusion of Temporary Employment Contracts from the Duty to Motivate Dismissal Violates EU Law

The case concerns a prejudicial question from a Polish court regarding a dispute between a fixed-term worker and his former employer. According to Polish law, temporary employment contracts are excluded from the obligation for employers to communicate the reasons for dismissal. The Polish court asked the CJEU whether this situation conforms with the principle of non-discrimination laid down in Article 4(1) of the EU framework agreement on fixed-term work (transposed by Directive 1999/70/EC of 28 June 1999). » 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. Future revision of the European Works Council Directive.
2. Dismissal of an employee for making racist or xenophobic comments in a private context is deemed unfair.

France: Future Revision of the European Works Council Directive

The European Commission has submitted its draft amendment of the European Works Council Directive, which first entered into force over 30 years ago. The proposed draft aims to clarify which transnational issues must be presented to the European Works Council, encourage more constructive social dialogue, and reinforce gender parity. » Read More

France: Dismissal of an Employee for Making Racist or Xenophobic Comments in a Private Context is Deemed Unfair

According to the French Supreme Court, employees cannot be dismissed on the grounds that they made racist or xenophobic comments in an email sent to other employees when such an email is deemed to be a private conversation. » 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. Employers are not obliged to pay compensation to an unsuccessful applicant if the latter pursues compensation claims as part of a "business model" and a source of income.
2. The enhanced German Immigration Act for Skilled Workers creates new opportunities to work or complete training in Germany.

Germany: No Compensation for the Anti-Discrimination Plaintiff

The German regional labour court of Hamm further develops a case law on so-called "AGG hoppers." Employers are not obliged to pay compensation to an unsuccessful applicant if the latter pursues compensation claims as part of a "business model" to generate a source of income. » Read More

Germany: Changes to the German Immigration Act for Skilled Workers have come into Force

The second stage of the new Immigration Act for Skilled Workers came into force on 1 March 2024. The new regulations create new opportunities to work or complete training in Germany. » 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. Right to request remote working arrangements and flexible working arrangements for caring purposes come into force following the publication of the long-awaited Code of Practice.

Ireland: Right to Request Remote Working Arrangements and Flexible Working Arrangements for Caring Purposes Come into Force Following the Publication of the Long-Awaited Code of Practice 

Part 4 of the Work Life Balance and Miscellaneous Provisions Act 2023 (the “Act”) required a code of practice to give effect to the right to request remote work and flexible working arrangements. The Workplace Relations Commission (“WRC”) has now published a Code of Practice on the Right to Request Remote Working and the Right to Request Flexible Working Arrangements (the “Code”). The Code provides practical guidance for employers and employees on how to deal with applications by employees for remote working or flexible working arrangements.  Employers and employees are obliged to have regard to the Code in respect of all applications for remote or flexible working arrangements and when terminating such arrangements. » 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. Void dismissals and reinstatement: Article 2, paragraph 1, of Legislative Decree No. 23/2015 is unconstitutional.

Italy: Void Dismissals and Reinstatement: Article 2, paragraph 1, of Legislative Decree No. 23/2015 is Unconstitutional

The Constitutional Court, with judgment no. 22 of February 2024, once again pronounced itself on Legislative Decree no. 23/2015 (Provisions on permanent employment contracts with increasing protection over time, implementing Law no. 183/2014, the so-called “Jobs Act”), declaring unconstitutional its Article 2, paragraph 1, regarding the part that provides for reinstatement only in the cases of voidance of the dismissal “expressly provided for by law.” » 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/.

The Netherlands: Key Issues

1. Bill modernization of the non-competition clause.
2. Case law shows the justification for a non-competition clause must be tailored to individual employee.
3. Revised guide on combating sexual harassment: cultural change in the workplace.

The Netherlands: Bill Modernization of the Non-Competition Clause

In recent years, non-competition and relationship clauses have been much criticized. This has led to the Modernization of the Non-Competition Agreement Bill. The bill concerns both tightening of the rules for the non-competition clause and the relationship clause. We have listed what will change if this bill passes. » Read More

The Netherlands: Case Law Shows the Justification for a Non-Competition Clause must be Tailored to Individual Employee

Employers must justify non-competition clauses in fixed-term contracts based on individual employee roles to comply with legal standards. A recent ruling by the Amsterdam District Court highlights the risk of using generic justifications, resulting in the suspension of both relationship and non-competition clauses. » Read More

The Netherlands: Revised Guide on Combating Sexual Harassment: Cultural Change in the Workplace

On 13 March, Government Commissioner Mariëtte Hamer released the "Guide on Workplace Culture Change" for organizations dealing with sexual misconduct in the workplace. This guide is a follow-up to the earlier prototype, "Guide on Sexual Misconduct," published last year. Commissioner Mariëtte Hamer aims to focus on changing workplace culture in the updated guide to prevent and address sexual misconduct. Read below for a brief overview of the revised guide. » 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. A new Supreme Court ruling regarding the right to be exempted from night work.
2. Court of Appeal ruling regarding bonus agreement. 

Norway: A New Supreme Court Ruling Regarding the Right to be Exempted from Night Work 

On 28 February 2024, the Supreme Court rendered a new judgement regarding an employee’s right to exemption from night work due to health reasons, pursuant to Section 10-2 of the Working Environment Act. » Read More

Norway: Court of Appeal Ruling Regarding Bonus Agreement 

The case concerned a department manager who entered into a bonus agreement with an employee on behalf of the employer. The employer maintained that the manager did not have the authority to enter into the agreement on behalf of the employer, thus rendering the bonus agreement invalid. The question for the Court was whether the manager possessed the required authorization to enter into a legally binding bonus agreement on behalf of the employer. » 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.

Singapore: Key Issues

1. Manpower Minister Tan See Leng announced on 4 March 2024 that there will be an increase in the minimum monthly qualifying salary for employment passes in 2025.
2. Ministry of Manpower targets issuing guidelines on restrictive covenants in the second half of 2024.

Singapore: Manpower Minister Tan See Leng announced on 4 March 2024 that there will be an increase in the minimum monthly qualifying salary for employment passes in 2025

By way of background, the employment pass is generally for foreign professionals, managers and executives who meet the minimum employment pass qualifying salary and pass the points-based Complementarity Assessment Framework (“COMPASS”) (unless exempted). Please note that in addition to meeting the minimum qualifying salary and passing COMPASS, employers must also continue to meet the Fair Consideration Framework job advertising requirement before submitting new employment pass applications. » Read More

Singapore: Ministry of Manpower targets issuing guidelines on restrictive covenants in the second half of 2024 

On 6 February 2024, the Minister of Manpower (the “Minister”) announced that the Ministry of Manpower is working together with the tripartite partners (i.e., the National Trades Union Congress and the Singapore National Employers Federation) to develop guidelines on the reasonable use of restrictive employment clauses such as non-compete or restraint of trade clauses that prevent retrenched and other employees from finding new jobs (the “Guidelines”). The Guidelines are currently being finalised and are targeted to be issued in the second half of 2024. » 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.

United Kingdom: Key Issues

1. Discrimination: Religion & belief discrimination
2. Religion & Belief Discrimination: An anti-Zionist university academic has brought a successful claim for philosophical belief discrimination
3. Fire & re-hire: Updated Code
4. Four-day week trial: Study – one year on
5. Employment rates & compensation limits: New rates

United Kingdom: Discrimination: Religion & belief discrimination

EAT upholds decision that terminating the contract of a Christian actor who expressed her beliefs relating to homosexuality was not discriminatory. » Read More

United Kingdom: Religion & Belief Discrimination: An anti-Zionist university academic has brought a successful claim for philosophical belief discrimination

An anti-Zionist university academic has brought a successful claim for philosophical belief discrimination. » Read More

United Kingdom: Fire & re-hire: Updated Code

Revised draft statutory Code of Practice on dismissal and re-engagement published, together with government response to consultation and Explanatory Memorandum. » Read More

United Kingdom: Four-day week trial: Study – one year on

Following the four-day week trial in 2022, organisations were invited to participate in a follow-up study one year later, to see how the four-day week had taken effect. » Read More

United Kingdom: New Employment Rates & Compensation Limits

New compensation limits for tribunal awards and other statutory minimum payments will apply from early 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. Top five labor law developments for February 2024.
2. New York City releases Workers’ Bill of Rights, poster.
3. Congress violated U.S. Constitution when it passed Pregnant Workers Fairness Act, Texas Court rules.
4. Independent Contractor Rule takes effect, but legal challenges mount.

USA: Top Five Labor Law Developments for February 2024

Listed are the top five labor law developments for February 2024 in the USA. » Read More

USA: New York City Releases Workers’ Bill of Rights, Poster

The New York Department of Consumer and Worker Protection (DCWP) published the “Workers’ Bill of Rights” on March 1, 2024. The Workers’ Bill of Rights is meant to serve as a comprehensive guide to rights in the workplace in New York City. » Read More

USA: Congress Violated U.S. Constitution When It Passed Pregnant Workers Fairness Act, Texas Court Rules

Congress improperly passed the Consolidated Appropriations Act of 2023, including the Pregnant Workers Fairness Act (PWFA), a federal court in Texas has ruled. State of Texas v. Department of Justice et al., No. 5:23-cv-00034 (N.D. Tex. Feb. 27, 2024). The court permanently enjoined the Equal Employment Opportunity Commission (EEOC) and Department of Justice from enforcing the PWFA against the State of Texas and its agencies. » Read More

USA: Independent Contractor Rule Takes Effect, But Legal Challenges Mount

The U.S. Department of Labor (DOL) final rule revising the standard for determining whether a worker is an employee or independent contractor under the Fair Labor Standards Act (FLSA) took effect March 11, 2024. The fate of the rule is uncertain, however, as it faces several legal challenges that could disrupt its implementation. » 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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