Australia: Key Issues

1. Large penalties were issued by FWO for wage underpayment, payroll breaches, and the exploitation of vulnerable migrant workers on temporary visas.
2. Accessorial liability penalties were issued to senior employees involved in payroll scams.

Australia: Senior Employees Personally Liable for Involvement in a $3.89 Million Underpayment Penalty Case

In a recent penalty decision arising from an FWO prosecution, a prominent international restaurant chain was fined more than $3.89 million for underpayment and breach of payroll obligations. The General Manager and HR Manager were also both ordered to pay significant penalties for their roles in the payroll scam. » 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 the AI Act mean for employers?
2. Reform of the Social Penal Code: overview of the new crimes and changes to the sanction levels.

Belgium: What Does the AI Act Mean for Employers?

The EU has recently adopted the AI Act, in full called the “Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Artificial Intelligence Act) and amending certain union legislative acts.” It aims to classify and regulate different AI systems and tools in order to identify and restrict harmful applications. Below, we will mostly look at how this can impact employers using AI e.g., to recruit, monitor or evaluate their employees. » Read More

Belgium: Reform of the Social Penal Code: Overview of the New Crimes and Changes to the Sanction Levels

In a previous article, we discussed the legislative proposal to modify the Social Penal Code. This proposal was approved by the Federal Parliament during its last session on 8 May 2024. While awaiting the publication of the act in the official gazette, we would like to give the reader an overview of the modifications in book 2 of the Social Code. Book 2 lists all the crimes and the sanctions. The reform modifies the sanction levels for certain crimes and also introduces new crimes. » 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. Law creates the certificate for companies that promote mental health.

Brazil: Law Creates the Certificate for Companies that Promote Mental Health

Brazil recently enacted Law 14,831/2024, which establishes the Certificate for Companies that Promote Mental Health and outlines the requirements for obtaining it. » 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. International students can once again only work limited hours in off-campus employment.
2. The Ontario Court of Appeal confirms that the doctrine of frustration can apply in the context of vaccine mandates, to terminate employment contracts on a no-fault basis.

Canada: International Students Back to 20 Hours/Week of Off-Campus Work

The temporary policy allowing international students to work more than 20 hours per week off campus has expired effective 30 April 2024. International students can work unlimited hours during scheduled breaks, like the upcoming summer holidays. However, any international student who is also studying can now, once again, work a maximum of 20 hours per week off-campus. » Read More

Canada: Court of Appeal Confirms Employment Contract Frustrated by Employee’s Failure to Comply with Client Company’s Mandatory Vaccination Policy

This case is the first Court of Appeal decision to confirm that an employee’s refusal to comply with a COVID-19 vaccination policy may give rise to a frustration of contract. Significantly, the Court of Appeal also confirmed that the doctrine of frustration may apply in a variety of circumstances where an unforeseen third-party requirement is imposed on the employer that prevents the parties from fulfilling the terms of the employment contract. Further, the Court of Appeal reiterated that frustration gives rise to a “no fault” termination that entitles the employer to immediately end the employment contract. » 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. New regulation for the determination of limits and parameters for the distribution of exceptional working hours and rest periods systems.

Chile: New Regulation for the Determination of Limits and Parameters for the Distribution of Exceptional Working Hours and Rest Periods Systems

On 20 April 2024, within the context of the new Law No. 21.561 ("40-hour Law"), the new regulation determining the limits and parameters for the distribution of exceptional working hours and rest periods was published. » 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. Beijing High People's Court and Beijing Labour and Personnel Dispute Arbitration Commission issued answers to labour dispute cases (Part 1).
2. Non-compete agreement cannot impede the autonomous employment rights of employees without confidentiality obligations.

China: Beijing High People's Court and Beijing Labour and Personnel Dispute Arbitration Commission Issued Answers to Labour Dispute Cases (Part 1)

On 30 April 2024, Beijing High People's Court and Beijing Labour and Personnel Dispute Arbitration Commission issued answers to Labour Dispute Cases (Part 1) (“Answers”). The Answers cover a total of 92 practical questions and answers on labour dispute cases in seven areas. » Read More

China: Non-compete Agreement Cannot Impede the Autonomous Employment Rights of Employees without Confidentiality Obligations

On 30 April  2024, the Supreme People's Court issued six typical labour dispute cases.  In one of these cases, the court ruled that employees without confidentiality obligations are not obligated to comply with non-compete obligations, even if they have signed non-compete agreements. » 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. Pension and labour reforms.

Colombia: Pension and Labour Reforms

In recent months, Colombia has witnessed significant activity in legislative circles, particularly in the realms of pension and labour reforms. Here's a comprehensive overview of the latest legislative updates shaping the country's socio-economic landscape. » 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. Flexible amendment to the Labour Code.

Czech Republic: Flexible Amendment to the Labour Code

The Czech Ministry of Labour and Social Affairs has recently introduced an amendment to the Labour Code, aimed at enhancing the flexibility of employment relationships to better align with the evolving demands of the labour market. The proposed amendment is expected to come into effect in January 2025. » 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 Law Supporting Employee Volunteering Initiatives.
2. An Advance Warning Can Render a Dismissal Unfair.

France: New Law Supporting Employee Volunteering Initiatives

A new law was adopted on 15 April 2024, which facilitates 3 types of employee volunteering initiatives. » Read More

France: An Advance Warning Can Render a Dismissal Unfair

According to the French Supreme Court, the fact that HRD called an employee to inform him that he was going to receive his official dismissal letter was deemed to constitute a verbal dismissal, which is automatically considered unfair. » 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. If the relevant targets to be achieved for variable remuneration are set so late that the incentive function of the variable remuneration can no longer be fulfilled, the employee is entitled to compensation.
2. The German statutory regulations on general terms and conditions establish an indispensable level of protection that may not be deviated from to the disadvantage of the employee by a choice of law of the parties.

Germany: Compensation Claims of Employees if Targets for Variable Remuneration are Set Too Late

Targets relevant for the payment of a variable remuneration that are not set towards the employee until more than three quarters of the financial year have passed can no longer fulfil their incentive function in a meaningful way. In this case, the employee is generally entitled to a payment in the amount of the bonus for 100% target achievement. » Read More

Germany: German Statutory Regulations on General Terms and Conditions as Internationally Mandatory Law

An employment contract pre-formulated by the employer constitutes general terms and conditions and is subject to a legal review pursuant to the corresponding statutory provisions. This applies even in cases where the parties have chosen the laws of a different jurisdiction in the contract, if German law would be applicable without the choice of law. » 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. WRC Awards record compensation to employee in dismissal case.

Ireland: WRC Awards Record Compensation to Employee in Dismissal Case

In a recent case before the Workplace Relations Commission (the “WRC”), Michael Kiely v Hyph Ireland Limited (ADJ-00037708), the highest ever award of compensation was made to an employee in respect to an unfair dismissal claim. The case mainly centred on the issue of compensation, and the employee received compensation in the amount of €440,000 for loss of earnings and a further €24,000 for notice pay. The case also considered the impact of a non-compete clause on the employee. » 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. The dismissal for objective reasons contextual to the failed settlement procedure pursuant to Section 7 of Law No. 604/1966 is valid.

Italy: The Dismissal for Objective Reasons Contextual to the Failed Settlement Procedure Pursuant to Section 7 of Law No. 604/1966 is Valid

In Order no. 10734 of 22 April 2024, the Supreme Court clarified that it is admissible to express the communication of dismissal in the minutes attesting to the failure of the settlement attempt related to the procedure pursuant to Article 7 of Law No. 604/1966, which must be carried out in advance, should an employer with more than 15 employees intend to dismiss an employee hired before 7 March 2015 for justified objective reasons. » 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. Gender perspective inspections.

Mexico: Gender Perspective Inspections

The gender perspective, according to the General Law for Gender Equality, refers to a methodology and set of mechanisms aimed at identifying, questioning, and assessing discrimination, inequality, and exclusion of women, often justified by biological differences between genders. This perspective is applied by Mexican authorities when conducting inspections and has a very big impact on the way controversies are judged. Its purpose involves actions directed towards addressing gender factors and creating the necessary conditions to advance effective equality between women and men. » Read More

For more information on these articles or any other issues involving labour and employment matters in Mexico, please contact Oscar De La Vega Gomez (Partner) of De La Vega & Martinez Rojas at odelavega@dlvmr.com.mx or visit www.dlvmr.com.

Norway: Key Issues

1. New ruling on vacation pay from the Court of Appeal.

Norway: New Ruling on Vacation Pay from the Court of Appeal

For several years, there has been a dispute between Norway's largest provider of care services, Stendi (formerly Aleris) and the Trade Union. In the aftermath of the Supreme Court's decision in the Stendi case, where care workers were deemed to be permanent employees, the issue of the statute of limitations on vacation pay claims has been raised. This article discusses the recent ruling from the Court of Appeal, which confirms that the vacation pay claims are not statute barred despite the usual limitation periods. » 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. Tripartite guidelines on flexible work arrangement requests to come into effect on 1 December 2024.

Singapore: Tripartite Guidelines on Flexible Work Arrangement Requests to come into effect on 1 December 2024

On 4 March 2024, it was announced at the Committee of Supply 2024 that the Tripartite Guidelines on Flexible Work Arrangement requests (“Guidelines”) were being developed. » 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. Retribution in kind.
2. Validity and importance of a time tracking system.

Spain: Retribution in Kind

In Spain, "retribution in kind" is a form of payment where the worker, instead of receiving cash as compensation for services rendered to the company, receives credit for services or goods. » Read More

Spain: Validity and Importance of a Time Tracking System

Since 2019, all companies are required to implement a time tracking system, regardless of the company's size. Companies are required to keep records of employees' working hours for a period of 4 years. » 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 Supreme Administrative Court ruled on the entitlement to unemployment benefits for an applicant who resigned from her employment due to health reasons.

Sweden: The Supreme Administrative Court Ruled on the Entitlement to Unemployment Benefits for an Applicant Who Resigned from Her Employment Due to Health Reasons

The Supreme Administrative Court ruled that an unemployment fund’s decision to suspend an applicant, who had resigned from her employment due to health reasons, was incorrect. As the applicant had been unable to perform work for her employer, and as her health reasons had been substantiated by a medical certificate issued before her employment was terminated, there had been a valid reason for the applicant to resign from her employment, and the prerequisites for suspending her from unemployment benefits had, thus, not been fulfilled. » 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. Paternity leave: Fribourg first Swiss city to introduce a 40-day paternity leave for fathers in the public sector.

Switzerland: Paternity Leave: Fribourg First Swiss City to Introduce A 40-Day Paternity Leave for Fathers in the Public Sector

At the end of April 2024, the city parliament of Fribourg decided to grant its public employees 40 days of paternity leave. » 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. Workplace culture: new duty to prevent sexual harassment in the workplace.
2. Belief discrimination: gender critical beliefs.
3. Workplace culture: neurodiversity.
4. Consultation on clarifications to TUPE & abolishing European Works Councils.
5. Disability discrimination – compensation.

United Kingdom: Workplace Culture: New Duty to Prevent Sexual Harassment in the Workplace

On 26 October 2024, a new duty is being introduced for employers to “take reasonable steps” to prevent sexual harassment of their employees. » Read More

United Kingdom: Belief Discrimination: Gender Critical Beliefs

A college lecturer was fairly dismissed for the manifestation of his gender critical views and was not discriminated against. » Read More

United Kingdom: Workplace Culture: Neurodiversity

The City & Guilds Foundation has published its 2024 Neurodiversity Index report with recommendations for creating a neuroinclusive workplace. » Read More

United Kingdom: Consultation on Clarifications to TUPE & Abolishing European Works Councils

The government has launched a consultation on making further changes to TUPE (Transfer of Undertakings (Protection of Employment) Regulations 2006), as well as the abolition of the legal framework relating to European Works Councils. » Read More

United Kingdom: Disability Discrimination – Compensation

An Employment Tribunal has awarded a disabled council employee £4.6 million following her dismissal while on sick leave. » 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. Federal Trade Commission’s sweeping final rule to ban non-competes: what you need to know.
2. Reconsidering repayment agreements with foreign employees.
3. U.S. Supreme Court: alleging discriminatory transfer is sufficient harm to bring Title VII claim.

USA: Federal Trade Commission’s Sweeping Final Rule to Ban Non-Competes: What You Need to Know

On April 23, 2024, the Federal Trade Commission (FTC) issued its final rule prohibiting all non-compete agreements for all employees at all levels, with only extremely limited exceptions. » Read More

USA: Reconsidering Repayment Agreements with Foreign Employees

It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end of the contract term. Employers often use the contracts as a deterrent to employees leaving as soon as the immigration benefit is secured, not intending to enforce or collect damages. Employers may want to reconsider this retention strategy. » Read More

USA: U.S. Supreme Court: Alleging Discriminatory Transfer Is Sufficient Harm to Bring Title VII Claim

An employee challenging a job transfer under Title VII of the Civil Rights Act must show the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant, the U.S. Supreme Court held in Muldrow v. City of St. Louis, Mo., No. 22-193 (Apr. 17, 2024). » 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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