Argentina: Key Issues

1. Labour reforms.

Argentina: Labour Reforms

On 8 July 2024, Law 27,742, which provides several labour reforms was enacted. » 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. Safe Work Australia’s Code offers risk reduction guidance for PCBUs to meet their legal obligations.

Australia: NSW Takes Steps to Preventing Sexual and Gender-Based Harassment in the Workplace

Safe Work Australia has published a model Code of Practice: Sexual and gender-based harassment (“Code”). New South Wales is one of the first Australian states to formally adopt the Code, giving it legal effect in that jurisdiction. The Code sets out a four-step process to assist persons conducting a business or undertaking (“PCBUs”) to discharge their legal obligations to eliminate or minimise the health and safety risk of sexual and gender-based harassment so far as is reasonably practicable. » 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. Applying floating work schedules without a time tracking system explicitly criminalised.

Belgium: Applying Floating Work Schedules Without a Time Tracking System Explicitly Criminalised

As previously announced, the Belgian Social Criminal Code was reformed by the Act of 15 May 2024 (entry into force on 1 July 2024). One of the interesting adjustments is the introduction of Article 146, which penalises employers who do not introduce and use a time tracking system when applying floating work hours for employees. With a system of floating work hours (glijdende uurroosters, horaires flottants), an employee has certain blocks of fixed hours but also “floating hours,” which allow the employee to arrive or leave earlier or later or to take a shorter or longer break. This system offers more flexibility to the employee. This flexibility makes it more complicated to control compliance with working time limits, as there is no longer any fixed start and end to a working day. This is why the legislator demands the use of a time-tracking system. » 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 workers’ compensation tribunal streamlines the pre-hearing process.
2. The Ontario provincial government’s latest employment law changes came into effect on 21 June 2024, most notably requiring a written agreement before paying an employee their vacation pay in any way other than as a lump sum before the employee commences their vacation.
3. The Supreme Court of Canada has settled the law on whether public school boards in Ontario are government actors, deciding in the affirmative.
4. Employers in the province of Ontario could face significant retroactive liability for pay equity adjustments if they have not complied with and maintained compliance with the Ontario Pay Equity Act.
5. An arbitrator overturned a 20-day suspension for time theft, given to a union steward when he took a division course during working hours and claimed the time as union business.
6. The Ontario Labour Relations Board held that in some circumstances, teachers can legally refuse work as unsafe due to violent student behaviour. This clarifies the application of a regulation that limits teachers’ right to refuse unsafe work.
7. Two recent federal statutory changes: amendments to the Canada Labour Code prohibit the engagement of replacement workers during legal strikes, and the Canada Sustainable Jobs Act signals employment moves towards a net-zero economy.

Canada: Changes to the WSIAT Pre-Hearing Process

The Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) introduced significant changes to its pre-hearing procedures for appeals under the Workplace Safety and Insurance Act. These changes, effective as of 6 May 2024, aim to improve efficiency, sustainability, and timely adjudication for parties litigating in the workers' compensation system. » Read More

Canada: New ESA Amendments, Effective 21 June 2024

The Ontario provincial government has been implementing changes to employment laws in their “Working for Workers Acts” series. On 21 June 2024, several changes from the Working for Workers Four Act, 2023 come into effect regarding vacation pay, payment of wages, and payment of tips. Future statutory changes, including pay transparency provisions, do not have an effective date yet. » Read More

Canada: Ontario Public School Boards are “Inherently Governmental” and Subject to the Charter: Supreme Court

The question of whether public school boards are subject to the Canadian Charter of Rights and Freedoms—a key part of the Canadian Constitution, and which applies to government action—has now been determined. Public school boards in Ontario are “inherently governmental,” said the Supreme Court of Canada on 21 June 2024. In this case, that meant two teachers had s. 8 Charter rights to be free of unreasonable search and seizure in their workplace. The Court held that the school board had breached those rights when a principal read a log of workplace concerns and then took pictures of the log with his cell phone. The school board used those pictures as the basis for written reprimands to the teachers. » Read More

Canada: Ontario Employers, Pay Equity or Pay the Price: Comply Now or Face Potential Liability Retroactive to 1988

Employers in the province of Ontario could face significant retroactive liability for pay equity adjustments if they have not complied with and maintained compliance with the Ontario Pay Equity Act. There is no limitation on when complaints can be brought under this statute, and so employees, bargaining agents, and the Pay Equity Commission can bring a complaint at any time. We are seeing the Pay Equity Commission perform proactive pay equity audits, often with tight timelines for providing key documentation to show both the initial achievement of pay equity and the ongoing maintenance of that achievement. » Read More

Canada: Whose Business is it Anyways? Arbitrator Finds Union Steward Attending Diving Course During Working Hours Was Conducting Union Business

A union steward who represented the dive team for a power plant took a diving course during working hours without getting approval from the employer. When the employer discovered that the steward had claimed that time as “union business,” they disciplined him for time theft, issuing a 20-day suspension. An arbitrator overturned the discipline, finding that the dive course was sufficiently connected to the steward’s union duties to fall within “union business.” » Read More

Canada: OLRB Holds That Teachers Can (Sometimes) Refuse Work Due to Student Violence

The issue of violent behaviour by students challenges school boards and educational professionals alike. The Ontario Labour Relations Board (“OLRB”) recently clarified the circumstances under which a teacher may be able to legally engage in a work refusal on the basis that a student’s violent behaviour renders their workplace unsafe. Teachers are subject to a regulation that limits their right to refuse unsafe work in situations where “the life, health or safety of a pupil is in imminent jeopardy.” In a decision on 24 May 2024, the OLRB held that, where a student had been very violent on a recent occasion, two teachers were within their rights to refuse to work because of that violence, even though the student was not in the building at the time of the work refusal. Another teacher, however, was not within his rights to refuse to work, as the OLRB found that he was not genuinely afraid for his safety but rather concerned that the student was not getting sufficient support. » Read More

Canada: Changes to Federal Labour Legislation: Banning Replacement Workers and the Sustainable Jobs Act

Two recent statutory changes occurred at the federal level: the Canada Labour Code was amended to prohibit the engagement of replacement workers during legal strikes in federally-regulated workplaces (with a narrow exception), and the Canada Sustainable Jobs Act passed, signalling the federal government’s intention to act on the employment front to move towards a net-zero economy. » 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. Ministry of Labour issues regulations on procedures for investigating complaints of harassment and violence in the workplace.

Chile: Ministry of Labour Issues Regulations on Procedures for Investigating Complaints of Harassment and Violence in the Workplace

In view of the forthcoming entry into force of Law 21.643, known as the Karin Law, which modifies the regulation on labour, sexual harassment and violence in the workplace, the Ministry of Labour had to issue a regulation containing guidelines on how the investigations of the complaints filed on these matters should be conducted. » 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. Companies with over 300 employees shall include employee representatives on the Board of Directors or Supervisory Board.
2. Suzhou Court issued the city’s first injunction for non-compete obligations.

China: Companies with Over 300 Employees Shall Include Employee Representatives on the Board of Directors or Supervisory Board

On 1 July 2024, the new Company Law came into effect. Article 68 of the new Company Law stipulates that for limited liability companies with more than three hundred employees, apart from those that legally establish a supervisory board with employee representatives, the board of directors should include employee representatives. Furthermore, Article 120 clarifies that the provisions set forth in Article 68 are equally applicable to companies limited by shares. » Read More

China: Suzhou Court Issued the City’s First Injunction for Non-Compete Obligations

Recently, the Suzhou Municipal Human Resources and Social Security Bureau, in conjunction with the Intermediate People's Court of Suzhou, jointly released the top ten typical cases of labour and personnel dispute arbitration and adjudication in Suzhou for the year 2023. Among these cases, the court issued the city’s first injunction for non-compete obligations, which prohibits an employee from engaging in similar work at a new employer in competition with their former employer. » 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. Implementation of the second reduction of the working day.
2. Progress of the Labour Reform Bill discussion in Congress.
3. Update on the Labour Procedural Code Project.

Colombia: A New Reduction in the Working Day Starting July 15th

As we informed in previous bulletins, according to Law 2101 of 2021, Colombia gradually reduced the maximum working hours. From July 15^th, 2024, the maximum weekly legal working hours will be 46. » Read More

Colombia: The Labour Reform Bill Approved in its First Debate in Congress

The labour reform bill is proceeding, has currently been approved by the House of Representatives, and now starts the debate in the Senate. » Read More

Colombia: The Labour Procedural Code Bill Currently in the Second Debate in Congress

This is an update to our article Colombia: New Labour Procedural Code Bill to be Submitted for First Debate in Congress, published in April of this year. » 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. Annual leave in the Czech Republic.

Czech Republic: Annual Leave in the Czech Republic

Employees in the Czech Republic are generally entitled to a minimum of four weeks (20 working days) of paid leave per calendar year. This entitlement applies only to employees who have performed work for the same employer for at least four weeks within a calendar year. From 1 January 2024, employees working under agreements to perform work and agreements to complete a job are also entitled to paid leave. » 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. Corporate Sustainability Due Diligence Directive (CSDDD) approved by the EU Parliament.

EU: Corporate Sustainability Due Diligence Directive (CSDDD) Approved by the EU Parliament

After the Corporate Sustainability Reporting Directive (CSRD) in 2022, the EU has now also enacted a second directive aiming at improving the ESG and corporate social responsibility of companies active within the EU. The CSDDD was approved by the EU Parliament on 24 April 2024 and by the EU Council on 24 May 2024. It will enter into force 20 days after its publication in the Official Journal, and member states will have two years from this date to transpose its provisions into national law. » 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. Five new template documents published to ensure mandatory information is provided to employees.
2. Employers may request reimbursement of financial compensation paid if a restrictive covenant is considered null and void.

France: Five New Template Documents Published to Ensure Mandatory Information is Provided to Employees

Following the transposition into French law of the EU Directive 2019/1152 on Transparent and Predictable Working Conditions, employers are subject to new information requirements when hiring employees. These five templates aim to facilitate this. » Read More

France: Employers May Request Reimbursement of Financial Compensation Paid if a Restrictive Covenant is Considered Null and Void

The French Supreme Court ruled that an employer could claim reimbursement of financial compensation paid to an employee who did not respect a restrictive covenant, even if it was deemed null and void. » 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. An established difference in pay between a female employee and her male peer group is an indication of a violation of the principle of equal pay.
2. The Federal Labour Court has dismissed an employee's claim, whereas the time of her parental leave should be counted towards her career level in terms of the applicable collective agreement.

Germany: Female Employee is Entitled to Higher Pay in Line with the Male Comparison Group

An established difference in pay between a female employee and her male peer group is an indication of a violation of the principle of equal pay. If the employer wishes to rebut this presumption, he must provide full proof that only reasons other than gender have led to the less favourable treatment of the female employee. » Read More

Germany: The Time Period of Parental Leave does not Count Towards Career Level in Terms of Collective Agreement

Parental leave periods are not counted towards the length of service relevant for the career level in terms of a collective agreement. This does not constitute gender discrimination or unlawful discrimination against employees on parental leave. » 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. The Automatic Enrolment Retirement Savings System Act.
2. Changes to right to work requirements for spouses and partners of general employment permit holders.

Ireland: The Automatic Enrolment Retirement Savings System Act 2024

The Automatic Enrolment Retirement Savings System Act 2024 has now been enacted in Ireland and the first contributions will begin on 1 January 2025. » Read More

Ireland: Changes to Right to Work Requirements for Spouses and Partners of General Employment Permit Holders

On 15 May 2024, changes were announced for spouses and partners of General Employment Permit and Intra-Company Transfer Permit holders who have been granted family reunification. » 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 reasons for termination are immutable for dismissals based on economic reasons.

Italy: The Reasons for Termination are Immutable for Dismissals Based on Economic Reasons

The employer cannot indicate at a later stage as justifications for the dismissal facts that are other than those specified in the dismissal letter served to the employee. » 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. Labour exploitation, recent legislative amendments and business implications.

Mexico: Labour Exploitation, Recent Legislative Amendments and Business Implications

There was an amendment made to the general law to prevent, punish, and eradicate crimes related to human trafficking and to protect and assist victims of these crimes. The decree defines labour exploitation as working hours beyond what is stipulated by law, with penalties ranging from 3 to 10 years of imprisonment and fines between 7,000 and 70,000 days depending on whether it is related to Afro-Mexican communities. This amendment has caused concern within the business sector regarding its scope and interpretation. » 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. Tax authority to enforce regulations on false self-employment starting in 2025.
2. New mandatory disability insurance for self-employed workers is expected in 2027.
3. Recent developments in Dutch collective labour agreements.

The Netherlands: Tax Authority to Enforce Regulations on False Self-employment Starting in 2025

Although the implementation of the Clarification of Assessment of Employment Relations and Legal Presumption Act (abbreviated as VBAR in Dutch) will be postponed, the Tax Authority will begin actively enforcing regulations on false self-employment starting 1 January 2025. Read below to prepare your organization as effectively as possible. » Read More

The Netherlands: New mandatory Disability Insurance for Self-employed Workers is Expected in 2027

A new legislative proposal introduces a mandatory disability insurance for self-employed workers. Self-employed workers will have to start paying up to a maximum of EUR 195 per month in premiums for a public insurance that will assist them in cases of work incapacity. The legislation is expected to come into effect in 2027. Read below to learn more about the upcoming legislation. » Read More

The Netherlands: Recent Developments in Dutch Collective Labour Agreements

The Minister of Social Affairs and Employment (abbreviated in Dutch as SZW) was informed by parliamentary letter dated 3 July 2024 about the latest developments in collective labor agreements (CLA'S). The letter describes what the collective bargaining parties have agreed in the latest CLA's on several current topics. Read below to learn more about the key developments. » 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.

Poland: Key Issues

1. Changes in the employment of Ukrainian citizens starting July 1.

Poland: Changes in the Employment of Ukrainian Citizens Starting July 1

On July 1^st 2024, an amendment to the Act on Assistance to Citizens of Ukraine in connection with an armed conflict on the territory of this country entered into force. It extends the legal stay of Ukrainian citizens in Poland until September 30^th 2025 and introduces changes to the notification that legalizes their work. » 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.

Spain: Key Issues

1. The pension for absolute permanent incapacity and major disability and its incompatibility with work under employee status.
2. Health insurance.

Spain: The Pension for Absolute Permanent Incapacity and Major Disability and its Incompatibility with Work Under Employee Status

The Supreme Court and the INSS (National Institute of Social Security) have recently ruled on whether the Pension for Absolute Permanent Incapacity or Major Disability can be paid at the same time as being employed. » Read More

Spain: Health Insurance

In the last publication, we talked about stock options. This time, we will focus on medical insurance as a payment in kind and its impact on payroll. » 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. Interpretation of collective bargaining agreement.

Sweden: Interpretation of Collective Bargaining Agreement

In June 2024, the Swedish Labour Court issued a new ruling on the interpretation of a collective bargaining agreement. The case concerned whether a provision in the schedule to the collective bargaining agreement was to be considered the content of the collective bargaining agreement or if it merely constituted information on the content of a provision of the Employment Protection Act (“EPA”). » 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. Digital signatures are increasingly popular, but might trigger far-reaching legal consequences if not used in compliance with Swiss Law.

Switzerland: Digital Signatures are Increasingly Popular, but Might Trigger Far-reaching Legal Consequences if not Used in Compliance with Swiss Law

In principle, apart from apprentice agreements and employer record agreements, Swiss private law does not require any formal requirements for the valid conclusion of an employment contract (Art. 320 para. 1 CO). Therefore, verbal agreements, implied conduct, as well as any type of digital signatures (e.g., DocuSign or a scanned handwritten signature) are sufficient to conclude a binding employment contract. The employer’s only obligation is to define the contracting parties, date of entry, position of the employee, as well as his/her wage and weekly hours within a month after the first day of work in writing (Art. 330b CO). » 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.

Türkiye: Key Issues

1. The regulation on procedures and principles regarding short-term work and short-term work allowance has been published.
2. The upper limit for severance payment has been increased.

Türkiye: The Regulation on Procedures and Principles Regarding Short-Term Work and Short-Term Work Allowance has been Published

The Regulation on Procedures and Principles Regarding Short-Term Work and Short-Term Work Allowance numbered 32573 has been published in the Official Gazette dated 11 June 2024, consequently repealing the previous Regulation on Short-Term Work. » Read More

Türkiye: The Upper Limit for Severance Payment has been Increased

The upper limit regarding severance payment calculations in Turkey has been increased for the dates between 01.07.2024 and 31.12.2024. » Read More

For more information on these articles or any other issues involving labour and employment matters in Türkiye, please contact Burcu Tuzcu Ersin (Partner) of Moroğlu Arseven at btuzcu@morogluarseven.com or visit www.morogluarseven.com.

United Kingdom: Key Issues

1. Settlement agreements during ongoing employment.
2. Redundancy: maternity leave dismissal.
3. Upcoming employment law reform – the King’s speech.
4. EDI & workplace culture: sexual harassment updated guidance published.
5. EDI & workplace culture: EHRC’s 2025-2028 strategic plan.

United Kingdom: Settlement Agreements During Ongoing Employment

The Employment Appeal Tribunal has ruled that a tribunal was correct to strike out disability discrimination claims on the basis that they were precluded by a settlement agreement entered into during the claimant’s ongoing employment. » Read More

United Kingdom: Redundancy: Maternity Leave Dismissal

The Employment Appeal Tribunal considered a case concerning redundancy protection where the employee was on maternity leave when there were proposals to make her role redundant. » Read More

United Kingdom: Upcoming Employment Law Reform – the King’s Speech

In the King’s speech delivered on 17 July, the new Labour government promised to pass “legislation to ban exploitative practices and enhance employment rights”.  The detail of how this is to be done is set out in the  Prime Minister’s briefing notes on the King’s Speech. » Read More

United Kingdom: EDI & Workplace Culture: Sexual Harassment Updated Guidance Published

On 26 October 2024, a new duty is being introduced for employers to “take reasonable steps” to prevent sexual harassment of their employees, creating a new risk area for employers – and draft guidance to help employers has now been published. » Read More

United Kingdom: EDI & Workplace Culture: EHRC’s 2025-2028 Strategic Plan

The EHRC has published its draft strategic plan for 2025-2028 on the areas it plans to focus on to improve EDI. » 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. Go fish! U.S. Supreme Court overturns ‘Chevron Deference’ to federal agencies: what it means for employers.
2. Texas District Court blocks DOL rule increasing salary level for exempt employees. but rule enjoined as to State of Texas Employees only (for now).
3. New protections for foreign national spouses of U.S. citizens announced.

USA: Go Fish! U.S. Supreme Court Overturns ‘Chevron Deference’ to Federal Agencies: What It Means for Employers

The U.S. Supreme Court has overturned the decades-old Chevron doctrine of judicial deference to a federal agency’s interpretation of an ambiguous statute. Loper Bright Enters. v. Raimondo, No. 22-451, and Relentless, Inc. v. Department of Commerce, No. 22-1219 (June 28, 2024). The Court’s decision came in response to a pair of cases brought by two fishing vessel operators challenging federal regulations on fishery management in federal waters. » Read More

USA: Texas District Court Blocks DOL Rule Increasing Salary Level for Exempt Employees. But Rule Enjoined as to State of Texas Employees Only (For Now)

In a strongly worded opinion, a federal judge in Texas held the U.S. Department of Labor (DOL) likely exceeded its authority in implementing its Final Rule raising the minimum salary level requirements for executive, administrative, and professional (EAP) exemptions to the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). State of Texas v. U.S. Dep’t of Labor, E.D. Tex., June 28, 2024. » Read More

USA: New Protections for Foreign National Spouses of U.S. Citizens Announced

President Joe Biden announced protections for undocumented foreign national spouses of U.S. citizens who have lived in the United States for 10 years without a legal immigration status. This will protect approximately 500,000 such spouses from deportation and fear of deportation. The program is expected to launch by summer’s end. » 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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