Argentina: Key Issues

1. Labour reforms in Argentina.

Argentina: Labour Reforms in Argentina 

On 12 June 2024, the Senate of Argentina approved a bill that provides several labour reforms. The bill will be reviewed by the Chamber of Deputies. It includes significant amendments to the Argentine labour laws. » 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. Increases to minimum wages and other important changes from 1 July 2024.

Australia: Increases to Minimum Wages and Other Important Changes from 1 July 2024

The Fair Work Commission handed down its annual wage review decision on 3 June 2024. Employers should be aware of the following important changes that may affect them. » 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. A new change to Belgian Dismissal Law: the application of employability-enhancing measures in 2025.

Belgium: A New Change to Belgian Dismissal Law: The Application of Employability-Enhancing Measures in 2025

Following the Act of 3 October 2022 on various provisions relating to employment, known as the Labour Deal Act, Article 39ter of the Act on Employment Contracts was amended. » 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. The Supreme Federal Court renders decisions affirming the legality of hiring independent contractors.

Brazil: The Supreme Federal Court Renders Decisions Affirming the Legality of Hiring Independent Contractors

The Supreme Federal Court has issued a series of decisions affirming the legality of hiring independent contractors and overturning previous Labour Court rulings that recognized employment relationships between the contracting company and the independent contractors. » 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. Employers should be cautious about dismissing employees returning from medical leave since those employees might not be able to mitigate their damages.
2. Ontario open to feedback on working even more for workers: comment on Bill 190, the Working for Workers Five Act, 2024.
3. The Ontario government has appointed a former union president as its Skilled Trades Special Advisor, with a mandate to review the province’s system regulating the skilled trades.
4. Ontario’s public sector may face significantly more oversight of its digital systems, including a new law and important changes to one of the existing privacy laws.
5. The Ontario Superior Court of Justice Divisional Court held that an arbitrator misapplied the established test for discrimination in assessing whether a workplace investigator discriminated against a Black grievor, and remitted the case for redetermination.

Canada: The Ontario Court of Appeal Addresses Inability to Mitigate due to Physical Incapacity and Aggravated Damages in the Manner of Dismissal

The Ontario Court of Appeal recently confirmed that an employee may be able to establish that they were physically incapable of mitigating their damages during a reasonable notice period, even without expert medical evidence. The Court also confirmed that aggravated damages can be awarded if an employer terminates employment in a manner that is untruthful, misleading, or unduly insensitive and causes the employee harm. » Read More

Canada: Ontario Open to Feedback on Working Even More for Workers: Comment on Bill 190, the Working for Workers Five Act, 2024

The Ontario government continued its Working for Workers Act series of legislative updates with the introduction of Bill 190, Working for Workers Five Act, 2024 (the “Bill”) on May 6, 2024. The Bill’s present version proposes amendments to the following employment-related acts: Employment Standards Act, 2000 (the “ESA”); Occupational Health and Safety Act (the “OHSA”); and Workplace Safety and Insurance Act, 1997 (the “WSIA”). The Bill also proposes changes to a number of other acts. » Read More

Canada: Ontario Appoints Skilled Trades Special Advisor

The Ontario government has appointed Dave Cassidy, former president of Unifor Local 444, as a Skilled Trades Special Advisor (the “Advisor”). Advising the Minister of Labour, Immigration, Training and Skills Development, Mr. Cassidy will assess workforce needs in Ontario’s skilled trades, primarily the manufacturing and automotive industries, and hold stakeholder consultations. The Advisor’s final report will make recommendations on how to improve the province’s skilled trades system, informed by research and these consultations. » Read More

Canada: Ontario’s Bill 194 Proposes More Oversight of Public Sector Digital Systems

On May 13, 2024, the Ontario Government introduced Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024 (“Bill 194”). The Bill proposes to enact new legislation to address cyber security and artificial intelligence systems within the public sector, called the Enhancing Digital Security and Trust Act, 2024 (the “new Digital Security Act”).  If passed, it also would take several important steps towards modernizing FIPPA, and towards addressing the burgeoning challenges facing Ontario’s public sector with respect to intensifying cybersecurity threats, and identifying appropriate uses of artificial intelligence technologies. Future regulations will be determinative in shaping the scope of the requirements established under Bill 194 and the new Digital Security Act, making it difficult for employers to proactively prepare for compliance. » Read More

Canada: Court Holds Arbitrator Misapplied the Test for Discrimination to a Workplace Investigation

The Ontario Superior Court of Justice Divisional Court held that an arbitrator misapplied the test in determining whether a workplace investigation discriminated against an employee.  The Court ultimately set aside the arbitrator’s decision and remitted the case back to the arbitrator to be determined by proper application of the test for discrimination.  This case provides Ontario employers with important insight on how the test for discrimination will be applied to claims of discrimination in the context of workplace investigations, and the role that circumstantial evidence should play in assessing claims of discrimination. » 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. Department of Labour issues opinion on the meaning and scope of the new law on harassment and violence in the workplace.

Chile: Department of Labour Issues Opinion on the Meaning and Scope of the New Law on Harassment and Violence in the Workplace

On 7 June 2024, the Department of Labour issued opinion 362/19 on the meaning and scope of the new law on harassment and violence at work (Law No. 21.643, hereinafter the "Law"). Some of the main points addressed by the Department of Labour are the following. » 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. Comprehensive service platform for foreign talents officially launched.
2. Hebei Province: comprehensive implementation of the paid annual leave system.

China: Comprehensive Service Platform for Foreign Talents Officially Launched

On 3 June 2024, the Comprehensive Service Platform for Foreign Talents (www.chinajob.com) was officially launched by the Foreign Talent Research Centre of the Ministry of Human Resources and Social Security of the People’s Republic of China. » Read More

China: Hebei Province: Full Implementation of the Paid Annual Leave System

On May 14, the Department of Human Resources and Social Security of Hebei Province issued the Notice on the Full Implementation of the Paid Annual Leave System, aiming to raise employers’ awareness of enforcing paid annual leave. » 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 reform.
2. Harassment and violence in the workplace.

Colombia: Pension Reform in Colombia Approved by the Congress

According to our analysis conducted in the May bulletin of 2024, we inform you that the Pension Reform in Colombia was approved by the Colombian Congress. » Read More

Colombia: Progress on the Ratification Process of International Labour Organization (ILO) Convention 190

For over a decade, Colombia has had Law 1010 of 2006, which regulates and sanctions cases of workplace harassment. Currently before the Colombian Congress, the ratification procedure of International Labour Organization (ILO) Convention 190 is under consideration, which in case of approval, will have a significant impact on the management and prevention of harassment in the country. » 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. Czech regulation on non-compete clauses.

Czech Republic: Czech Regulation on Non-compete Clauses

Non-compete clauses are important aspect of employment law in the Czech Republic, designed to protect employers' business interests by restricting employees from engaging in competitive activities post-termination. » 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. The Corporate Sustainability Due Diligence Directive (“CS3D”) adopted by the Council of the European Union.
2.  A human resources director can be dismissed for dating a staff.
3. The employer’s refusal to provide reasonable accommodation can be considered discrimination.

France: The Corporate Sustainability Due Diligence Directive (“CS3D”) Adopted by the Council of the European Union

The CS3D was adopted on May 24th, 2024 by the Council of the European Union after 4 years of negotiations, making it one of the most debated pieces of European legislation in recent times. » Read More

France: A Human Resources Director can be Dismissed for Dating a Staff

According to the French Supreme Court, the fact that an HRD did not disclose that he was in a relationship with a staff representative can justify his dismissal for serious misconduct. » Read More

France: The Employer’s Refusal to Provide Reasonable Accommodation can be Considered Discrimination

According to the French Supreme Court, the fact that an employer refused, even implicitly, to provide reasonable accommodation to an employee with disabilities can be considered discriminatory. » 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 fewer employees apply for a Works Council seat than there are Works Council members to be elected, a smaller Works Council can be formed.

Germany: The Works Council Can Have Fewer Members

Even if there are not enough candidates for a seat on the works council, a works council election is not directly invalid. If fewer employees apply for a works council seat than there are members to be elected, a “smaller works council” can be formed. » 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. Recent legislative update enhances protection of employees in insolvency situations.
2. Supreme Court rejects appeal of revenue sheriff relating to mandatory retirement age.

Ireland: Recent Legislative Update Enhances Protection of Employees in Insolvency Situations

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (the Act) imposes numerous obligations on Insolvency Practitioners (IPs). In addition to the Act, the General Scheme of the Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2024 (the Bill) has been published, which seeks to protect employees’ pay-related entitlements in the event that their employer becomes insolvent. » Read More

Ireland: Supreme Court Rejects Appeal of Revenue Sheriff Relating to Mandatory Retirement Age

In rejecting the appeal of a 2022 High Court Ruling on the mandatory retirement age of a County Sheriff, the Supreme Court (SC) has impeded momentum against the disapplication of mandatory retirement ages in the workplace. » 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 information obtained from company devices provided to employees cannot be used if the employer does not give prior notice.

Italy: The Information Obtained from Company Devices Provided to Employees cannot be Used if the Employer does not Give Prior Notice

The Supreme Court confirms that, pursuant to Art. 4 of the Law No. 300/1970 (so called “Workers’ Statute”), the use of data on the employees’ performance collected through technological company devices used by the employees to perform their working activities is allowed only when prior information notice is given to the employees on the use of such tools and the possibility of checks. » 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. What to expect from a labour and employment perspective with Mexico’s first female president Claudia Sheinbaum.

Mexico: What to Expect from a Labour and Employment Perspective with Mexico’s First Female President Claudia Sheinbaum

With Claudia Sheinbaum being the first ever female president of Mexico and member of the leftist party Morena, significant labour reforms are anticipated that aim to continue and expand the policies implemented by the López Obrador administration. These reforms include salary increases, mandatory social security for platform workers, and proposals for minimum wages in various sectors. Additionally, new programs will be introduced to improve the working and social conditions of various worker groups. » 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. Postponement of clarification of assessment of Labour Relations and Legal Presumption Act.
2. Be careful in handling requests covered by the Flexible Work Act.

The Netherlands: Postponement of Clarification of Assessment of Labour Relations and Legal Presumption Act

The implementation of the Clarification of Assessment of Employment Relations and Legal Presumption Act (VBAR) has been postponed from 1 July 2025 to 1 January 2026, at the earliest, due to responses from an internet consultation. Outgoing Minister Van Gennip announced that a transitional period will apply, but the impact on the Tax Authority's enforcement plans for 2025 remains unclear. » Read More

The Netherlands: Be Careful in Handling Requests Covered by the Flexible Work Act

Under the Flexible Work Act (Wfw), employees can request changes to working hours, work location, or seek more secure employment conditions. Employers must respond within one month, providing reasons in writing, or the request is automatically granted. In a recent case, Coach failed to properly respond to an employee’s request for a permanent contract, which the court deemed granted, but the employee's delay in legal action resulted in no contract renewal. This case highlights the necessity for employers to promptly and clearly address Wfw requests. » 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. Amendments to the Norwegian National Insurance Act and the Cash Benefit Act.
2. Revisions to the National Insurance Basic Amount (“G”).

Norway: Amendments to the Norwegian National Insurance Act and the Cash Benefit Act

In Norway, parents can select their parental benefit duration based on two options: a 100% benefit rate, providing full income for 49 weeks, or an 80% benefit rate, providing 80% of their income for 59 weeks. Currently, parents who choose the 80% benefit receive a lower total payment compared to the 100% benefit option, which also affects their pension accrual. On 14 May 2024, the Norwegian Government approved an amendment to extend the 80% benefit period by 11 days, making it 61 weeks and 1 day. Additionally, a new amendment has been adopted to the Cash Benefit Act. Under current law, parents can receive cash-for-care benefit for children from the month the child turns 13 months until the month the child turns 23 months. » Read More

Norway: Revisions to the National Insurance Basic Amount (“G”)

As of 1 May 2024, the national insurance basic amount has been adjusted from NOK 118 620 to NOK 124 028, reflecting a 4.56% increase. This amount plays a crucial role in various contexts, such as calculating compensation for enforcing non-compete clauses, where currently the compensation is 100% of the employee’s salary up to 8G and at least 70% of the employee’s salary for amounts exceeding 8G, up to a total of 12G. » 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.

Poland: Key Issues

1. The minimum wage will be increased starting July 1st 2024.

Poland: The Minimum Wage will be Increased Starting July 1st 2024

Starting July 1^st 2024 the minimum remuneration for work in Poland will be raised to PLN 4,300 gross. This represents an increase of PLN 700 over the amount applicable on July 1^st 2023 (PLN 3600), i.e., 19.4% raise. The minimum hourly rate for civil contracts will be PLN 28.10. This means an increase of PLN 4.60 compared to the amount applicable on July 1^st 2023. » 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.

Romania: Key Issues

1. New minimum wage to apply in Romania starting 1st of July 2024.
2. Higher emphasis being put on monoparental families with new regulations regarding night work. 

Romania: New Minimum Wage to Apply in Romania Starting 1st of July 2024

After the Government held rounds of negotiations with representatives of the union and employer organizations regarding the increase in the minimum wage guaranteed for payment, a new Government Decision was issued establishing the monthly gross minimum wage as of July 2024 to be RON 3,700 (approximately EUR 743). » Read More
 

Romania: Higher Emphasis Being Put on Monoparental Families with New Regulations Regarding Night Work 

The Romanian Labour Code was modified to add monoparental units to the category of individuals that cannot perform work at night. » Read More

For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu and Associates at magdavolonciu@volonciu.ro or visit https://volonciu.ro/.

Spain: Key Issues

1. Labour Revolution: reduction of hours for a better balance.
2. Stock options.

Spain: Labour Revolution: Reduction of Hours for a Better Balance

After the recent increase in the minimum wage, the government is preparing to take a significant new step: reducing the workweek from 40 hours (8 hours a day) to 38.5 hours (7 hours and 42 minutes a day). » Read More

Spain: Stock Options

In our previous publication, we detailed what in-kind remuneration is. In the following article, we will discuss some of the most common types of in-kind remuneration. » 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 Work Environment Authority introduces a new regulatory structure.

Sweden: The Swedish Work Environment Authority Introduces a New Regulatory Structure

In September 2023, the Swedish Work Environment Authority decided on a new regulatory structure, which will enter into force on 1 January 2025. The purpose of the revision is to make the Authority’s issued provisions and general recommendations easier to find, understand and use. The content of the regulation is largely the same as before, with one exception. » 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. Long anticipated ruling of Swiss Federal Supreme Court: Dismissal possible in case of job-related incapacity to work (Judgement 1C_595/2023 of March 26, 2024).

Switzerland: Long Anticipated Ruling of the Swiss Federal Supreme Court: Dismissal Possible in Case of Job-Related Incapacity to Work (Judgement 1C_595/2023 Of March 26, 2024)

In its Judgement 1C_595/2023 of 26 March 2024, the Federal Supreme Court (FSC) ruled that in cases where an incapacity to work is limited to the current workplace, the temporary protection provisions regarding dismissal (blocking periods) do not apply.  » 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. Trade unions and industrial action: protection from detriment for striking workers.
2. Contract: benefits provided by third-party provider.
3. Impact of the general election on upcoming legislation.
4. UK General Election: What are the main parties proposing on employment law?
5. Gender pay: pay transparency.

United Kingdom: Trade Unions and Industrial Action: Protection from Detriment for Striking Workers

Supreme Court has ruled that UK trade union legislation does not protect striking workers from sanctions short of dismissal. » Read More
 

United Kingdom: Contract: Benefits Provided by Third-Party Provider

The Employment Appeal Tribunal (EAT) has ruled that an employer couldn’t rely on terms with a third-party provider to withdraw a lifelong travel benefit. » Read More
 

United Kingdom: Impact of the UK General Election on Upcoming Legislation

The announcement on 22 May that the UK general election would be held on 4 July has several implications for upcoming legal changes in employment law.  » Read More
 

United Kingdom: UK General Election: What are the Main Parties Proposing on Employment Law?

With a general election on 4 July 2024, what are some of the main UK political parties pledging to do on employment law if elected? » Read More
 

United Kingdom: Gender Pay: Pay Transparency

The government has paused a pilot scheme on pay transparency which sought to help tackle the gender pay gap. » 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. U.S. Supreme Court raises standard for labor board when seeking 10(j) injunctions.
2. Federal and State mandates on use of employees’ personal pronouns create uncertainty.
3. White House publishes steps to protect workers from the risks of AI.
4. EEOC enforcement guidance on workplace harassment: liability.

USA: U.S. Supreme Court Raises Standard for Labor Board When Seeking 10(j) Injunctions

The U.S. Supreme Court issued a decision directing district courts to use the traditional four-part test when evaluating whether a preliminary injunction should issue at the request of the National Labor Relations Board pending litigation of a complaint under the National Labor Relations Act. No. 23-367 (June 13, 2024). » Read More

USA: Federal and State Mandates on Use of Employees’ Personal Pronouns Create Uncertainty

Employers must proceed carefully when responding to complaints around pronoun use where federal and state mandates appear to conflict. For instance, Equal Employment Opportunity Commission (EEOC) guidance states that misgendering can constitute a violation of Title VII of the Civil Rights Act when done intentionally (Sexual Orientation and Gender Identity (SOGI) Discrimination); on the other hand, Florida law prevents a public school teacher from using her personal pronouns and titles when communicating with students at school. » Read More

USA: White House Publishes Steps to Protect Workers from the Risks of AI

Last year the White House weighed in on the use of artificial intelligence (AI) in businesses.

Since the executive order, several government entities including the Department of Labor have released guidance on the use of AI.

And now the White House published principles to protect workers when AI is used in the workplace.

The principles apply to both the development and deployment of AI systems. » Read More

USA: EEOC Enforcement Guidance on Workplace Harassment: Liability

The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation; (2) discrimination respecting a term, condition, or privilege of employment; and (3) liability. We discuss each component in separate articles. This article is on how the guidance addresses the liability component and the standards for imposing employer liability for harassment. » 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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