Argentina: Key Issues

1. The Supreme Court Orders again to reduce the interest rate and fines in labour lawsuits.

Argentina: The Supreme Court Orders Again to Reduce the Interest Rate and Fines in Labour Lawsuits

The Supreme Court of Argentina has ordered again to reduce the interest rate applicable in labour lawsuits. On 13 August 2024, the Supreme Court ruled in the lawsuit “Lacuadra Jonatan c/DIRECT TV Argentina S.A. y otros s/Despido” that it is not appropriate to apply the CER index plus 6 percent to update credits in labour lawsuits, as Labour Courts of the City of Buenos Aires were applying. » 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. Flexible working arrangement requests.
2. Requests to work full time from home indefinitely.
3. Factors that the Fair Work Commission will consider as part of determining a flexible working arrangement request.

Australia: Commission Rejects Indefinite Full-Time Work from Home Request by Employee 

Employees in Australia have a right to request flexible working arrangements under Section 65 of the Fair Work Act 2009 (Cth). The right to request flexible working arrangements is not new. However, there have been no decisions in this area until recently. The Fair Work Commission recently considered a dispute under Section 65 in relation to a request to work full-time from home indefinitely. In doing so, the Commission provided valuable insight into how it will balance requests for flexible working arrangements with the business needs of an organisation. » 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. Non-solicitation agreements between companies might violate Competition Law.

Belgium: Non-solicitation Agreements between Companies might Violate Competition Law

The Belgian Competition Authority (BCA) has sanctioned Securitas, G4S and Seris for various malpractices in the private security sector. The reasons include price-fixing, bid rigging, as well as “no-poach” or “non-solicitation” agreements, all in the period of 2008 to 2020. According to the BCA, these practices prevented or restricted healthy competition between companies and go against Article IV.1 of the Code of Economic Law. The BCA imposed fines of over 47 million euros on the companies concerned. » 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.

Chile: Key Issues

1. The Courts of Justice allow the reduction of workday by 12 minutes per day to comply with the progressive application of the 40-Hour Law.

Chile: The Courts of Justice Allow the Reduction of Workday by 12 Minutes Per Day to Comply with the Progressive Application of the 40-Hour Law

On 26 April 2024, the so-called 40-hour law came into force, which, among other things, gradually reduced the maximum length of the working week from 45 to 40 hours per week. This reduction will be implemented gradually, decreasing to 44 hours per week as of April 26th, then to 42 hours in 2026 and to 40 hours in 2028. » 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. CPC: Steadily advancing the gradual delay of the legal retirement age reform.
2. If the dispatching and labour-using entities fail to reach a clear agreement on the issues, they should share the responsibility for the unpaid housing provident fund based on their respective faults.

China: CPC: Steadily Advancing the Gradual Delay of the Legal Retirement Age Reform

On July 21st, the Resolution of the Central Committee of the Communist Party of China (CPC) on Further Deepening Reform Comprehensively to Advance Chinese Modernization (the “Resolution”) passed at the third plenary session of the 20th CPC Central Committee was officially made public.  The Resolution points out that the reform of gradually delaying the statutory retirement age will be advanced in a steady and orderly manner, following the principles of voluntariness and flexibility. » Read More

China: If the Dispatching and Labour-Using Entities Fail to Reach a Clear Agreement on the Issues, They Should Share the Responsibility for the Unpaid Housing Provident Fund Based on Their Respective Faults

On July 9th, 2024, the Chaoyang District People’s Court in Beijing released seven typical cases of labour disputes involving diverse forms of employment. In one of these cases, the court ruled that when the labour dispatching entity and the labour-using entity have not reached a clear agreement on the issues at hand, they should jointly bear the responsibility for not contributing to the employee’s housing provident fund based on the proportion of their respective faults. » 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. New anti-sexual harassment law.
2. Update on mandatory apprentice quota (SENA- administrative Authority).
3. Legitimacy of collective agreements with non-unionized workers.

Colombia: New Law to Prevent Sexual Harassment

On June 20th, the President of Colombia enacted Law 2365 of 2024. This law introduces measures to prevent, address, and protect people against sexual harassment in the workplace and Colombia's higher education institutions. » Read More

Colombia: Mandatory Apprentice Quota (SENA- administrative Authority)

Effective April 1st of this year, Agreement 0010 of 2023 from SENA (National Apprenticeship Service Authority) was implemented. This agreement updates the list of occupations and trades used to determine the mandatory hiring quota for SENA apprentices in companies (employers). » Read More

Colombia: The Constitutional Court Ruling that Declared Collective Bargaining Agreements with Non-unionized Workers are Enforceable 

With decision C-288 of 2024, the Court addressed a claim against Articles 481 of the Labour Code. These articles allow collective bargaining agreements with non-unionized workers, even in companies that have unions with one-third or more of the total number of workers at the company not affiliated with the union. » 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. Gender transition of an employee.

Czech Republic: Gender Transition of an Employee 

Under Czech law, employers have specific obligations to ensure that employees who undergo gender transition are treated fairly and with respect. This article will outline the key considerations for employers in this situation. » 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. A collective dismissal procedure also applies in cases where the employer retires.

CJEU: A Collective Dismissal Procedure also Applies in Cases Where the Employer Retires

This article discusses whether Spanish law’s exceptions to retirement on collective redundancy from the required procedures comply with EU law. Further, it discusses the horizontal effect of EU directives, in particular questioning whether individuals can rely on directives in national courts when domestic laws do not align with European Union standards, highlighting the broader implications for the primacy of EU law over national law as well as the protection of workers and their rights across the member states. » 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. New fines for employing illegal foreign workers. 
2. Recordings made without consent can be deemed admissible in court.
3. Dismissing an employee who initiates legal proceedings and/or testifies in favour of another employee can be deemed null and void.

France: New Fines for Employing Illegal Foreign Workers

Following the 26 January 2024 Immigration Law, the decree dated 9 July 2024 sets out new fines in case of employment of illegal foreign workers. » Read More

France: Recordings Made Without Consent can be Deemed Admissible in Court

The French Supreme Court ruled that the fact that an employee recorded a conversation with their employer without their consent was not in itself sufficient to render the recording inadmissible in Court. » Read More

France: Dismissing an Employee Who Initiates Legal Proceedings and/or Testifies in Favour of Another Employee can be Deemed Null and Void

The French Supreme Court ruled that the right to testify and to initiate legal proceedings were fundamental rights and could not justify a dismissal. » 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. Necessary amendments to the Works Constitution Act on the remuneration of Works Council Members come into force.
2. The probative value of sick note certificates is regularly undermined if an employee submits certificates immediately after a dismissal that precisely cover the remaining duration of the employment relationship.

Germany: Changes to Works Council Remuneration Came Into Force

The amendments to the German Works Constitution Act (Betriebsverfassungsgesetz – BetrVG) on the remuneration of works council members came into force on 25 July 2024. These were necessary due to the shortcomings in the previous legal situation and a ruling by the Federal Court of Justice, which created considerable uncertainty regarding the potential criminal liability of employers in the event of violations of the prohibition to favour works council members because of their position. » Read More

Germany: The Probative Value of Sick Notes can be Undermined in the Case of a Close and Timely Connection with the Notice Period

The probative value of sick note certificates is regularly undermined if an employee submits certificates immediately after a dismissal that precisely cover the remaining duration of the employment relationship. If the probative value is undermined, the employee must demonstrate what health impairments have affected his or her ability to work. » 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. Reasonable lock-in period restrictions during employment tenure do not violate the fundamental rights of employees.

India: Reasonable Lock-in Period Restrictions During Employment Tenure do not Violate the Fundamental Rights of Employees

The Delhi High Court held that reasonable lock-in period restrictions during an employee’s term of service are valid and enforceable and do not violate Article 19 and Article 21 of the Indian Constitution. The court also held that disputes relating to such clauses under employment contracts can be referred to arbitration. » 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 Khaitan & Co at avik.biswas@khaitanco.com or visit www.khaitanco.com.

Ireland: Key Issues

1. Parent’s leave and parent’s benefit.
2. WRC Awards record compensation to former senior executive of Twitter.  

Ireland: Parent’s Leave and Parent’s Benefit  

The number of weeks that both parents are now able to take time off work, with financial support from the government, has increased from 7 to 9 weeks. » Read More

Ireland: WRC Awards record compensation to former senior executive of Twitter 

In a recent decision, the Workplace Relations Commission (WRC) ordered Twitter (now known as X) to pay over €550,000 compensation in a record award to a former senior executive for unfair dismissal. Twitter decided the executive had resigned when he failed to tick a box requiring him to agree to new, unspecified pay and conditions within a one-day deadline. » 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. Employee’s relocation to a different workplace following a reinstatement order is unlawful.

Italy: Employee’s Relocation to a Different Workplace Following a Reinstatement Order is Unlawful

The Supreme Court, with judgement no. 18892 of 10 July 2024, clarifies that the company decision following a judicial reinstatement order to relocate an employee to a workplace different from that to which he/she was employed at the time of the termination of the employment relationship is illegitimate. Indeed, the employer is required to firstly “readmit the employee to the same workplace” and it can then arrange for his/her relocation “at the presence of the conditions required by law.” » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Angelo Zambelli (Partner) of Zambelli & Partners at angelo.zambelli@zambellipartners.com or visit www.zambellipartners.com/en/. 

Mexico: Key Issues

1. Recent legislative reform initiatives on labour matters in Mexico.

Mexico: Recent Legislative Reform Initiatives on Labour Matters in Mexico

The year 2024 will be marked by significant transitions in Mexico as the country embarks on a new administration that will bring a range of legal and constitutional reforms with considerable implications for the business and labour sectors. This change in government comes amidst expectations that the new administration will continue the progressive leftist trends of the outgoing government, with a renewed focus on policies that benefit workers. » 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. Extrajudicial annulment of a settlement agreement due to inaccurate information from employer about benefit implications (summary proceedings).
2. Serious neglect of reintegration obligations by employer can lead to high fair compensation for employee. 

The Netherlands: Extrajudicial Annulment of a Settlement Agreement Due to Inaccurate Information from Employer About Benefit Implications (Summary Proceedings)

While the employee is incapacitated for work, the employee and employer part ways by means of a settlement agreement. The employer had informed the employee that he would be able to receive benefits after the end date of employment. Both the unemployment benefit and the sickness benefit are denied. The employee annuls the settlement agreement due to error. Employer must resume wage payments retroactively and reinstate the employee to perform reintegration duties. » Read More

The Netherlands: Serious Neglect of Reintegration Obligations by Employer Can Lead to High Fair Compensation for Employee 

The court of appeal determined that the employer committed serious mistakes during the early stages of the employee’s incapacity and severely neglected its reintegration obligations. As a result, the court awarded the employee fair compensation of €60,000. Below, please find an overview of this case and how a similar situation can be prevented. » 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. New ruling on the employer’s duty to offer other suitable work in the case of dismissal based on employee’s own circumstances.
2. The upper limit for the Labour Inspection Authority’s violation fee increased.

Norway: New Ruling on the Employer’s Duty to Offer Other Suitable Work in the Case of Dismissal Based on Employee’s Own Circumstances 

In June 2024, the Supreme Court delivered a ruling that clarifies and underlines that, in principle, an employer may be obligated to offer the employee other suitable work even in the case of dismissal due to circumstances related to the employee. » Read More

Norway: The Upper Limit for the Labour Inspection Authority’s Violation Fee Increased 

In the event of a violation of the working environment regulations, the Norwegian Labour Inspection Authority can impose fines on employers. Previously, the maximum limit for these fines was 15 times the National Insurance Basic Amount (G) (15G = NOK 1,860,420 / approx. €158,000). Since 1 July 2024, the maximum limit has been increased to 50 times the National Insurance Basic Amount (50G = NOK 6 201 400 / approx. €527,000) or four percent of the company's annual turnover, whichever amount is higher. » 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. Recent developments in the validity and enforceability of non-compete clauses in the U.S., U.K., Australia, and the Philippines.

Philippines: Recent Developments in the Validity and Enforceability of Non-Compete Clauses in the U.S., U.K., Australia, and the Philippines

In the last two (2) years, non-compete agreements have come under intense scrutiny in the United States (“U.S.”), the United Kingdom (“U.K.”), and Australia. With the recent issuance of the U.S. Federal Trade Commission (“FTC”) of its final rule that nearly bans all forms of non-compete agreements in the U.S., last year’s announcement by the UK government to limit the length of non-compete agreements to three (3) months, and identification by the Australian government of non-compete agreements as hampering job mobility, Philippine jurisprudential and legislative thinking on non-compete agreements may likewise change in the years to come. Thus, employers and employees alike in the Philippines may need to take a closer look at these developments in order to prepare themselves for any change in the Philippine legislative and policy framework on non-compete agreements. » 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. Whistleblowers’ internal reporting procedures required staring January 1st 2025?

Poland: Whistleblowers’ Internal Reporting Procedures Required Staring January 1st 2025?

As the Act on the Protection of Whistleblowers takes effect on September 25th 2024, doubts are being raised as to when employers are required to announce an internal reporting procedure. According to the ministry’s opinion, the procedures will be required starting January 1st 2025. » 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. National Day Rally 2024: employment-related changes, including the enhancement of various parental leaves.

Singapore: National Day Rally 2024: Employment-Related Changes, Including the Enhancement of Various Parental Leaves

The National Day Rally 2024 speech was delivered by the Prime Minister of Singapore, Lawrence Wong (“PM Wong”), on 18 August 2024.» Read More

For more information on these articles or any other issues involving labour and employment matters in Singapore, please contact Thomas Choo (Partner) of Clyde & Co Clasis at Thomas.Choo@clydeco.com or visit www.clydeco.com.

Spain: Key Issues

1. Vehicle as retribution in kind.
2. Four-day work week.

Spain: Vehicle as Retribution in Kind

When we talk about a vehicle as payment in kind, we refer to the company providing the employee with a car for personal and professional use. This benefit is considered part of the employee’s salary and is subject to certain tax regulations. » Read More

Spain: Four-day Work Week 

In recent years, the trend to develop work-life balance has gained momentum in modern society, and various formulas are being considered by governments to achieve this goal. One of the most prominent is the reduction of the working week to four days instead of five. » 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 Labour Court issues important ruling on drug testing in the workplace.

Sweden: The Swedish Labour Court Issues Important Ruling on Drug Testing in the Workplace

The Swedish Labour Court has ruled that a company was entitled to deem that one of its employees was not available for work when the employee had tested positive for cannabis and cocaine during a random drug test, and to not pay the employee’s salary until the employee could produce a negative drug test. The ruling has clarified what actions a company may take vis-à-vis an employee suspected of being under the influence of narcotics. » 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. Vacation entitlements under Swiss Law.
2. Recent developments in paid and unpaid leaves. 

Switzerland: Vacation Entitlements Under Swiss Law

With the upcoming holiday season, the following article is intended to provide a short refresher of the legal basis for employees' vacation entitlements. » Read More

Switzerland: Recent Developments in Paid and Unpaid Leaves 

The following is a reference to the latest developments regarding paid and unpaid leaves, such as the new parent leave (formerly paternity leave) and the youth 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.

USA: Key Issues

1. DOL’s salary rule for exempt employees in jeopardy after fifth circuit oral argument.
2. USCIS updates Form I-9 expiration date.
3. What U.S. Supreme Court decision on standing tells us about challenges to corporate DEI initiatives.

USA: DOL’s Salary Rule for Exempt Employees In Jeopardy After Fifth Circuit Oral Argument

A Fifth Circuit panel heard oral argument on Wednesday, August 7, on whether Department of Labor (DOL) regulations imposing a salary requirement to satisfy the executive, administrative and professional exemptions is valid. » Read More

USA: USCIS Updates Form I-9 Expiration Date

USCIS has updated the Aug. 1, 2023, edition of its Form I-9, Employment Eligibility Verification, solely to extend the expiration date from July 31, 2026, to May 31, 2027. What should employers do? » Read More

USA: What U.S. Supreme Court Decision on Standing Tells Us About Challenges to Corporate DEI Initiatives

The U.S. Supreme Court held that a group of doctors, nurses, and medical associations did not have the right under the U.S. Constitution, a doctrine known as “standing,” to challenge Food and Drug Administration (FDA) regulations governing the use of the abortion drug mifepristone in FDA v. Alliance for Hippocratic Medicine, No. 23-235 (June 13, 2024). This ruling could make it harder for organizations to successfully challenge corporate diversity, equity, and inclusion (DEI) initiatives. » 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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