Argentina: Key Issues

1. Interest rate reduction in labour lawsuits.

Argentina: Interest Rate Reduction in Labour Lawsuits

In line with the Supreme Court of Argentina’s ruling in "Oliva, Fabio Omar v. COMA S.A. on dismissal,” the National Labour Court of Appeals reduced the interest rate to be applied in labour lawsuits. » 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. The use of non-disclosure arrangements in workplace sexual harassment matters.

Australia: Silence is No Longer Golden - The Use of NDAs in Workplace Sexual Harassment Matters

According to recent research, 75% of legal practitioners in Australia have never resolved a sexual harassment settlement without a strict non-disclosure agreement (“NDA”). However, the recent shift from a complaint-based approach to one that requires positive action means that employers must be mindful to implement NDAs in a manner aimed at proactively preventing sexual harassment in the workplace. » 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. Reform of the Social Penal Code takes shape.

Belgium: Reform of the Social Penal Code Takes Shape

The Social Penal Code of 2010 has been modified many times during the last decade, but after a major evaluation in 2017 by the Advisory Council of Social Penal Law and a first draft legislative project of the beginning of 2023, a legal proposal to reform the code has been introduced in Parliament and is set to be approved before the deadline of 8 May (when the parliament dissolves for the elections of June). » 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. The federal Pay Equity Act, which came into effect on 31 August 2021, has its first deadline approaching – and doing pay equity takes longer than you think it will.
2. Two recent judicial review decisions considering the online conduct of regulated professionals suggest one way that frustration of contract could occur in an employment context.
3. Social media influencers growing their businesses should give careful thought to the structure of agreements for hiring additional support or a talent manager.
4. Ontario now has new legislation governing police services, which includes changes to certain terms and conditions of employment.
5. A new Ontario statutes creates new obligations for employers, including with respect to pay transparency and job postings.

Canada: Federally-Regulated Employers, It Takes Longer than You Think: Post Your Draft Pay Equity Plans by End of June 2024

Federally regulated employers with 10 or more employees have a critical deadline approaching on 3 September 2024 to post their pay equity plans and communicate any resulting pay increase to employees. Before this deadline, however, employees get 60 days to look over the draft plans and give feedback. This means that employers must have their draft pay equity plans ready by the end of June 2024. » Read More

Canada: Without Boundaries, Internet Conduct Can Frustrate

Two recent decisions from the Divisional Court consider the role of professional regulatory bodies’ oversight of their members’ behaviour on the internet. Employers who employ professional workers should be aware that the suspension or loss of a professional status or license could prevent those workers from performing the duties of their position. In these circumstances, the contract of employment between themselves and the professional worker may be frustrated, meaning that it has become impossible for the professional worker to perform their work. » Read More

Canada: Navigating Business Growth: A Guide for Social Media Influencers

Social media influencers embarking on the journey of growing their own businesses often face two pivotal challenges: (i) hiring additional support for product or service management; and (ii) engaging a talent manager to enhance their business and social media presence. Both challenges can be successfully navigated, with careful consideration of hiring practices and well-structured talent management agreements. » Read More

Canada: At Long Last: New Legislative Framework for Policing in Ontario Coming into Effect April 1, 2024

More than five years after receiving Royal Assent, the Ontario Government’s Comprehensive Ontario Police Services Act, 2019 (“COPS”) will come into force.  This piece of legislation brings with it significant changes to the policing sector. » Read More

Canada: Working for Workers Four Act Brings Important Changes for Employers

On 21 March 2024, the Ontario Government passed the Working for Workers Four Act, 2023 (“Working for Workers Four”), bringing with it important legislative changes to the Employment Standards Act, 2000 (“ESA”), Workplace Safety and Insurance Act, 1997 (“WSIA”), Digital Platform Workers’ Rights Act, 2022 (“DPWRA”) and the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (“FARPCTA”). While some of the changes take effect immediately, a number of changes (including key changes such as various new requirements for job postings) will not come into effect until either 21 June 2024 or another date to be determined by the government. This gives employers advance notice to prepare for many of these changes. » 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. Entry into force of the reduction of working hours to 44 hours per week.

Chile: Entry into Force of the Reduction of Working Hours to 44 Hours Per Week

By the end of this month, Law No. 21.561 that reduces the working hours will enter into force. Taking this into account, on 5th April 2024, the Labour Directorate issued report No. 213/07, wherein it ruled the distribution and adaptation agreements of the new ordinary working day. » 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 regulations on promoting and standardizing cross-border transfer of data.
2. Validity of agreement to pay non-compete compensation in the form of stock options.

China: Cyberspace Administration of China Issued Regulations on Promoting and Standardizing Cross-border Transfer of Data

On 22 March, the Cyberspace Administration of China issued the Regulations on Promoting and Standardizing Cross-Border Transfer of Data (the "Regulation").  The Regulation has optimized and adjusted the requirement of completing data export procedures including data security assessments for cross-border data, standard contracts for the cross-border transfer of personal information, and certification for the protection of personal information. » Read More

China: Validity of Agreement to Pay Non-Compete Compensation in the Form of Stock Options

Beijing First Intermediate People’s Court held that monthly payment of non-compete compensation to employees in monetary form is a mandatory requirement.  In cases where both parties agree to provide non-compete compensation in the form of stock options, the validity of such an agreement depends on whether it is more advantageous to the employees.  If the agreement is more beneficial to the employees, it should be considered valid.  However, if the granting entity is not listed, the trading price of the stock options is uncertain and lacks market liquidity, which would be disadvantageous to the employees, rendering the related agreement invalid. » 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. Women’s contribution weeks for old-age pensions in the private funds reduced by the Constitutional Court in Colombia.
2. New Labour Procedural Code Bill to be submitted for first debate in Congress.   
3. New bill to be approved by Presidency regarding measures against sexual harassment at work.
4. Legal Initiative to guarantee labour protection for Women as heads of household approved by Congress.

Colombia: Measure to Compensate “Unfavourable” Conditions Faced by Women in the Workplace by Reducing the Requirement of Contribution Weeks for Old-Age Pensions

A recent ruling from the Constitutional Court declared the expression "and have contributed for at least one thousand one hundred and fifty weeks (1.150)" of article 65 of Law 100 of 1993 (Social Security System regulation), in relation to its effects on women, and deferred the decision until 31 December 2025, so that in the meantime, Congress could adopt measures to compensate for the unfavourable conditions that are regularly faced by women in the workplace that hinder them from making the whole amount of  contributions and consolidating their right to recognition of the minimum pension guarantee in the Individual Savings with Solidarity Scheme (Pension Private Funds). » Read More

Colombia: New Labour Procedural Code Bill to be Submitted for First Debate in Congress  

The new Labour Procedural Code Bill was recently filed, which will establish a new Labour and Social Security Procedural Code with the purpose of streamlining procedures, unifying jurisprudence, and adapting the administration of justice in labour matters to the current times. » Read More

Colombia: Measures Against Sexual Harassment at Work to Receive Presidential Approval

Congress recently approved the bill 101/22S-332/22C, which establishes new tools to address sexual harassment at work and in educational institutions in the country, with 100 votes in favour and none against. » Read More

Colombia: Legal Initiative to Approve Convention 183 to Guarantee Labour Protection for Women as Heads of Household

The plenary of the House of Representatives of the Congress approved in fourth debate bill 081/22S-195/23C, which seeks to approve Convention 183, concerning maternity protection, adopted by the 88th International Labour Conference in Geneva, Switzerland, on 15 June 2000. » 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 Republic: Key Issues

1. Building contractor's liability for wages of subcontractor's employees.

Czech Republic: Building Contractor's Liability for Wages of Subcontractor's Employees

The amendment to the Labour Code effective 1 January 2024 introduced a mandatory liability of contractors for wage claims of their subcontractor’s employees in the construction industry. Simply put, if a subcontractor’s employee does not receive their wage, they can claim the payment from the contractor. » 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. Platform work directive set to be approved.

EU: Platform Work Directive Set to be Approved

After a political thriller, the proposed Platform Work Directive has finally taken its final form and is now set to be formally approved at the end of April leading up to a last major achievement in the EU social policy of the Commission Von der Leyen before the upcoming EU elections. » 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. A new law on hair discrimination.
2. Requiring an employee to be reachable during a professional trip does not necessarily count as working time.
3. Dismissing an employee for objecting to the company’s “fun culture” and for not participating in company events can be deemed unfair.

France: A New Law on Hair Discrimination

A new law adding discrimination on the grounds of hair to the French Labour Code and the Criminal Code was adopted by the French National Assembly (French Parliament’s lower house) on 28 March 2024. » Read More

France: Requiring an Employee to be Reachable During a Professional Trip does not Necessarily Count as Working Time

According to the French Supreme Court, the fact that an employee was required to be reachable during a professional trip does not necessarily qualify as working time. » Read More

France: Dismissing an Employee for Objecting to the Company’s “Fun Culture” and for not Participating in Company Events can be Deemed Unfair

The French Supreme Court ruled that an employee’s refusal to conform to the company culture was within his right to freedom of expression. » 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. In Germany, a change to the existing law is (finally) underway that would enhance the digitalization of the employment contract.
2. Employer must cover additional costs for a works council training given in person, even if a webinar with the same content is offered.

Germany: Is The Digital Employment Contract Coming?

In Germany, efforts are finally made to ease the path for the digital conclusion of employment contracts. Specifically, it is proposed to introduce the option of text form in the German Verification Act. However, remaining written form requirements for fixed-term contracts continue to pose an obstacle to full digitalization. » Read More

Germany: Employer Must Cover Additional Costs for in-person-training of Works Council Members

According to a recent decision of the German Federal Labour Court, accommodation costs for a face-to-face training course for the works council may also have to be covered if the same training provider offers a webinar with the same content. » 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. Karnataka High Court provides clarity on the recognition of ‘protected workmen.’

India: Karnataka High Court Provides Clarity on the Recognition of ‘Protected Workmen’

The Karnataka High Court held that an employee guilty of misconduct cannot be considered for recognition as a ‘protected workman’ under the Industrial Disputes Act of 1947. The court ruled that an employer has wide discretion to confer such status on a workman after taking into account the individual’s behaviour and conduct. Based on this, the court set aside an order passed by the labour authority directing an employer to recognize a workman guilty of misconduct as a ‘protected workman.’ » 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. The Labour Court overturned WRC decision that an agency worker had continuity of service for the purpose of an unfair dismissal claim.
2. Welcome changes to the immigration permissions of employment permits.
3. The Irish government announces the publication of the automatic enrolment retirement savings system bill 2024.

Ireland: The Labour Court Overturned WRC Decision that an Agency Worker had Continuity of Service for the purpose of an Unfair Dismissal Claim

A recent Labour Court decision set aside an earlier decision of the Workplace Relations Commission (WRC) in finding that a former agency worker turned employee did not have the requisite service to bring a claim under the Unfair Dismissals Acts. » Read More

Ireland: Welcome Changes to the Immigration Permissions of Employment Permits 

The Irish Government recently announced changes to the Stamp 4 permission requirements. Meaning, it will be easier for employment permit holders to obtain permission to remain living and working in Ireland long term. » Read More

Ireland: The Irish Government Announces the Publication of the Automatic Enrolment Retirement Savings System Bill 2024

Pensions auto-enrolment is expected to begin in Ireland in late 2024, which will require employees, employers, and the State to contribute to a pension fund for the employee.  It will be phased in incrementally, coming into full effect in 2034, and it will operate on opt out rather than an opt in basis. » 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. Legislative Decree no. 23/2015 also applies to employees of small companies hired before its entry into force.

Italy: Legislative Decree no. 23/2015 Also Applies to Employees of Small Companies Hired Before its Entry into Force

Once again, 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”) was under review by the Constitutional Court. This time, the Court found it in compliance with the Italian Constitution with reference to the extension of its discipline to all employees working in entities exceeding the threshold of fifteen employees after the date the Legislative Decree entered into force. » 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. The Mexican Court limits profit sharing payments.

Mexico: The Mexican Court Limits Profit Sharing Payments

Find out how a recent court decision has impacted workers´ profit sharing. The Second Chamber of justice of the Nation has validated a salary limit for this payment, generating a debate on labour rights and the constitutionality of these provisions. What is the scope of this decision? What are the implications for workers and companies? » 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. Internship Agreements vs. Employment Relationships: Understanding the Distinctions.
2. Modernization of the Sexual Offenses Act: what are the consequences for the workplace?

The Netherlands: Internship Agreements vs. Employment Relationships: Understanding the Distinctions

According to an investigation by the Labour Inspectorate, it has been established that 60 students undergoing vocational training at various institutions, while interning with the airline Transavia, ought to have been classified as interns, should be considered employees with an employment relationship. This constitutes a violation of the Minimum Wage and Minimum Holiday Allowance Act (WML). Consequently, the Labour Inspectorate imposes a fine of EUR 46.000. In addition, outstanding wages and allowances totalling EUR 623.000 are being demanded. Below, you will find a detailed comparison outlining the distinctions between an internship agreement and an employment contract, along with associated risks. » Read More

The Netherlands: Modernization of the Sexual Offenses Act: What are the consequences for the workplace?

The modernization of the Sexual Offenses Act prioritizes consent and free will, making involuntary, unequal, or unwanted sexual contact punishable, also without coercion. While not every instance of sexual contact in a dependent relationship is automatically punishable, the new law leans towards assuming lack of voluntary consent, potentially leading to criminal charges. Moreover, the revised Act extends punishment to sexual harassment in public spaces. This amendment facilitates quicker punishment for workplace sexual misconduct, especially in hierarchical relationships like manager-subordinate dynamics. This could potentially prompt the employer to proceed with dismissal sooner in cases of sexual harassment. The advice is to establish a clear code of conduct. Read on for more details. » 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. Preliminary development in the 2024 wage settlement.
2. Proposed changes regarding the Pension Law.

Norway: Preliminary Development in the 2024 Wage Settlement

In Norway, wage settlements typically involve negotiations between labour unions and employer organizations and are settled in CBAs. Negotiations are often facilitated by the Technical Calculation Committee for Income Settlements (TBU), which provides analysis and recommendations based on economic data such as price levels, productivity growth, and inflation rates. » Read More

Norway: Proposed Changes Regarding the Pension Law

The government proposes to introduce a so-called “standard retirement age” of 67 years for individuals born in 1963 but suggests increasing this by 2/3 years (eight months) of the expected growth in remaining life expectancy for individuals born in 1964 or later. » 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. Liability of foreign-based companies hiring Philippine-based workers under Philippine labour laws.

Philippines: Liability of Foreign-Based Companies Hiring Philippine-Based Workers Under Philippine Labour Laws

The extra-territorial application of Philippine labour laws is often discussed in the context of overseas Filipino workers (“OFW”), who, despite being outside the territorial jurisdiction of the Philippines, are nevertheless afforded its mantle of protection. With the advancement of technology, however, an emerging employment arrangement now demands attention from local legislators. An increasing number of Filipinos, based in the Philippines are being directly engaged by foreign-based employers through the use of technology. Such workers are popularly known as “freelancers,” workers in the “gig” industry, or even “independent contractors,” although a closer look at the arrangement would reveal that the relationship is more likely one of employment. » 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. Draft law on whistleblowers has been submitted to the Polish Parliament.

Poland: Draft Law on Whistleblowers has been Submitted to the Polish Parliament

On Wednesday, 17 April 2024, a government drafted law on the protection of whistleblowers was submitted to the Sejm. This happened three months after the new government resumed work on the project and more than two years after the deadline for Poland to implement the EU directive on this matter. » 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. Increase in minimum monthly qualifying salary for employment passes in 2025.
2. Singapore’s retirement age to be raised to 64 and re-employment age to 69 in 2026.
3. Singapore’s tripartite guidelines on flexible work arrangement requests.

Singapore: Increase in Minimum Monthly Qualifying Salary for Employment Passes in 2025

Manpower Minister Tan See Leng had announced on 4 March 2024 that there will be an increase in the minimum monthly qualifying salary for employment passes in 2025. » Read More

Singapore: Retirement Age to Be Raised to 64 and Re-Employment Age to 69 in 2026

On 4 March 2024 at the Ministry of Manpower Committee of Supply 2024, it was announced that the retirement age in Singapore will be raised to 64 while the re-employment age in Singapore will be raised to 69 in 2026. » Read More

Singapore: Tripartite Guidelines on Flexible Work Arrangement Requests

On 4 March 2024 at the Ministry of Manpower Committee of Supply 2024, it was announced that a Tripartite Workgroup was convened in September 2023 to develop a set of Tripartite Guidelines on Flexible Work Arrangement Requests and to look at how to support employers to implement flexible work arrangements across different industries and job roles productively. » 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.

Spain: Key Issues

1. Starting March 20th, businesses can receive lawsuit notifications electronically.
2. Tax exemption for displaced workers.

Spain: Starting March 20th, Businesses Can Receive Lawsuit Notifications Electronically

Starting March 20th, businesses can receive legal notifications and lawsuits electronically from the initial summons. The amendment to Article 155 of the Civil Procedure Law signifies a major shift, enabling these initial notifications to be made electronically, as opposed to the previous requirement for them to be physical and in person. » Read More

Spain: Tax Exemption for Displaced Workers

Regarding our previous publication, in this one, we want to explain the exemption of article 7P of the Personal Income Tax Law (IRPF), which is a tax benefit applied to workers displaced abroad for work reasons. Basically, this exemption allows the income earned by these workers for their work outside their country of origin to be either not subject to taxes or subject to a more favourable tax treatment. » 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. The Swedish police authority’s decision to terminate an employee who had a stroke was deemed lawful by labour court.

Sweden: The Swedish Police Authority’s Decision to Terminate an Employee who had a Stroke was Deemed Lawful by Labour Court

A police officer’s employment was terminated following a previous stroke by the Swedish Police Authority in 2022 due to a reduction in work capacity. The Labour Court determined that the reduction in work capacity constituted objective grounds for termination under the Swedish Employment Protection Act and further concluded that the Police Authority had not breached its obligation to take measures for accessibility under the Swedish Discrimination Act. » 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.

Switzerland: Key Issues

1. Abusive conflict termination: compliance with criminal investigation principles not required when conducting internal investigations (Judgement of the Federal Supreme Court 4A_368/2023 of January 1st, 2024).
2. Work accident qualified as involuntary manslaughter (Judgements of the Federal Supreme Court 6B_1058/2022 and 6B_1072/2022 of January 29, 2024).
3. Revision of the Old-age and Survivors’ Insurance Act as of January 1st, 2024: raise in the statutory retirement age for women, increase in VAT.

Switzerland: Abusive Conflict Termination: Compliance with Criminal Investigation Principles Not Required When Conduction Internal Investigations

In its Judgement 4A_368/2023 of 19 January 2024, the Federal Supreme Court (FSC) addressed fundamental questions relating to internal investigations by the employer in cases of suspected misconduct by employees at the workplace. » Read More

Switzerland: Work Accident Qualified as Involuntary Manslaughter

In its Judgements 6B_1058/2022 and 6B_1072/2022 of 29 January 2024, the Federal Supreme Court has qualified a fatal work accident as involuntary manslaughter and sentenced both the managing director of the employer and the victim’s supervisor. » Read More

Switzerland: Revision of the Old-age and Survivors’ Insurance Act as of January 1st, 2024: Raise in the Statutory Retirement Age for Women, Increase in VAT

A reform of the old-age and survivors’ insurance (AHV) has been in force since 1 January 2024. The reform is financed by an increased retirement age for women and by an increase in VAT. » Read More

For more information on these articles or any other issues involving labour and employment matters in Switzerland, please contact André Lerch (Partner) of lelex Attorneys at Law at lerch@lelex.law or visit www.lelex.law.

United Kingdom: Key Issues

1. Disability discrimination: reasonable adjustments.
2. Request to take parental leave and unfair dismissal.
3. Unfair dismissal for posting racist “joke”: reasonable responses test.
4. Flexible working - the new rules.
5. New UK employment rights and guidance.

United Kingdom: Disability discrimination: Reasonable Adjustments

A trial period in a new role can be a reasonable adjustment. » Read More

United Kingdom: Request to Take Parental Leave and Unfair Dismissal

Protection against dismissal can apply before employee gives notice to take parental leave. » Read More

United Kingdom: Unfair Dismissal for Posting Racist Joke: Reasonable Responses Test

An employee’s dismissal for posting a racist joke on the company’s intranet was within the band of reasonable responses and was therefore a fair dismissal. This was the case even though the employee did not know the joke was racist, had an otherwise long and unblemished record, and apologised profusely during the disciplinary process. » Read More

United Kingdom: Flexible working – The New Rules

Changes to the statutory flexible working regime came into force on 6 April. » Read More

United Kingdom: New UK Employment Rights and Guidance

A number of new employment rights have come into force in the UK and new guidance for employers has been published. » 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. Pregnant Workers Fairness Act final regulations released.
2. Top five labor law developments for March 2024.
3. California Supreme Court issues opinion on “hours worked.”

USA: Pregnant Workers Fairness Act Final Regulations Released

The Equal Employment Opportunity Commission (EEOC) released the text of the final regulations and interpretative guidance implementing the Pregnant Workers Fairness Act (PWFA) on April 15, 2024. The final regulations are expected to be formally published in the April 19, 2024, Federal Register and will be effective 60 days later. » Read More

USA: Top Five Labor Law Developments for March 2024

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

USA: California Supreme Court Issues Opinion on “Hours Worked”

In its recent opinion in Huerta v. CSI Electrical Contractors, the California Supreme Court addressed three inquiries posed by the 9th Circuit. These inquiries specifically relate to the definition of “hours worked” within the context of the California wage order applicable to the construction, drilling, logging, and mining industries, as well as the California labor code. » 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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