Australia: Key Issues

1. Australian employees now have the “right to disconnect” outside of normal working hours.
2. Due to recent legislative reforms, industrial manslaughter will soon be an active offence in every Australian state and territory, and for employers covered by Commonwealth work health and safety laws.

Australia: The Right to Disconnect After Working Hours is Now in Effect

A new workplace right—the “right to disconnect”—is now in effect for eligible Australian employees. The right to disconnect is set to impact the way that businesses operate, including, in particular, global businesses with Australian employees working in a global team and/or servicing clients or customers across different time zones. It is important for employers to understand how the right to disconnect operates and the steps that can and should be taken to ensure compliance. » Read More

Australia: Industrial Manslaughter Laws Will Soon be in Place in All Australian Jurisdictions

Due to recent legislative reforms, industrial manslaughter will soon be an active offence in every Australian state and territory. However, the elements and penalties attached to the offence vary from jurisdiction to jurisdiction. » 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. Attendance registration in the cleaning sector is now compulsory.

Belgium: Attendance Registration in the Cleaning Sector is Now Compulsory

As of 1 September 2024, a new mandatory attendance registration system has entered into force for cleaning and maintenance activities in Belgium. This measure, established under the Programme Act of 26 December 2022, aims to enhance workplace safety. In this article, we outline the key aspects of the new regulations, the scope of their application, and the obligations imposed on employers and contractors in the sector. » 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. Further changes announced to the International Student Work Program.
2. Promises of anonymity or confidentiality in workplace complaint and investigation processes may not withstand subsequent employment-related litigation.
3. Labour unrest in the American hospitality sector may impact Canada.
4. Employers can comment on Ontario’s proposed new job posting rules until 20 September 2024.
5. Following his constructive dismissal, a long-service agricultural employee was awarded a retiring allowance that the employer had promised but not paid.
6. Litigation fairness might require a plaintiff to undergo an Independent Medical Examination.

Canada: Changes to the International Student Work Program: Anticipated New Cap on Work Hours

Following pandemic-era changes to the federally-regulated International Student Work Program, and the recent expiry of a policy temporarily waiving the cap on working hours, the federal government has announced an intention to increase the cap from 20 hours per week to 24 hours per week. » Read More

Canada: Confidentiality Limited: When Anonymous Whistleblowers Must Be Identified

When an employer received complaints about an employee, it promised confidentiality to the complainants in the subsequent investigation. However, when the employer then relied on those complaints and investigation as a defence to the employee’s wrongful dismissal claim, the Court ordered unredacted documents to be produced. This production was necessary, ruled the Court, for litigation fairness, showing a tension between transparency and protections for workplace whistleblowers. » Read More

Canada: Over 10,000 US Hotel Workers Strike Against Major Hotel Chains

The recent widespread labour unrest in the American hospitality sector may impact Canada’s hotels and related businesses. » Read More

Canada: Open for Comment: Consultation on New Job Posting Rules in Ontario

The Ontario government has opened a consultation seeking feedback on new job posting rules. Stakeholders can comment via email until 20 September 2024. » Read More

Canada: Making a Promise Can Cost Employers Dearly

Following his constructive dismissal, a long-service agricultural employee was awarded $250,000 as a retiring allowance that the employer had promised but not paid. He also received punitive and other kinds of damages, resulting in an award of almost $440,000. » Read More

Canada: The Court Clarifies IME May Be Necessary to Test Plaintiff’s Explanation for Failure to Mitigate Damages

An employee-plaintiff alleged his mental health condition, which he claimed arose from the manner of his termination, prevented him from seeking alternate employment for the entire 26-month notice period he claimed. The Court said this was much longer than cases have typically recognized for similar claims, and found that the plaintiff would have to undergo an IME if he continued with this allegation. » 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. Amendments regarding labour inclusion of persons with disabilities and disability pension assignees.

Chile: Amendments Regarding Labour Inclusion of Persons With Disabilities and Disability Pension Assignees

Last August, the new law that amends the Labour Code and other legal bodies regarding labour inclusion of persons with disabilities and disability pension assignees was published. The following are the most relevant amendments regarding employment: » 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. Ministry of Human Resources and Social Security and Cyberspace Administration of China: enhance data security in online recruitment and strengthen supervision of employment discrimination.
2. Spousal proxy investments in competing businesses as a violation of non-competition agreements during the restricted period. 

China: Ministry of Human Resources and Social Security and Cyberspace Administration of China: Enhance Data Security in Online Recruitment and Strengthen Supervision of Employment Discrimination

On 23 August 2024, the Ministry of Human Resources and Social Security and the Cyberspace Administration of China jointly issued the Notice on Further Strengthening the Standardized Management of the Human Resource Market, which emphasizes the need to bolster the safeguarding of personal information in online job recruitment and to crack down on employment discrimination through stricter supervision. » Read More

China: Spousal Proxy Investments in Competing Businesses as a Violation of Non-Competition Agreements During the Restricted Period

The People’s Court Case Database contains cases that have been reviewed and deemed by the Supreme People’s Court to have reference and exemplary value for similar cases. Among the newly added cases is a case regarding non-competition, where the court ruled that an employee’s investment and operation of a business through his spouse that competes with his former employer during the non-competition period constitutes a violation of the non-competition agreement. » 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. The new Law 2388 of 2024 allows the recognition of foster children (minor children raised by the worker).
2. Recap of recent bills and their implications.

Colombia: The New Law 2388 of 2024 Allows the Recognition of Foster Children (minors raised by workers) and Foster Families (families united by emotional bonds)

On 26 July 2024, the Colombian Congress enacted Law 2388 of 2024, marking a significant step forward in recognizing families tied by emotional bonds and the rights of their members. » Read More

Colombia: Recap of Recent Bills and Their Implications

This article overviews recent labour bills in Colombia, outlining their goals, implications, and effects on the country's labour market. » 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. Flexible amendment to the Czech Labour Code.

Czech Republic: Flexible Amendment to the Czech Labour Code

The Czech Ministry of Labour introduced a flexible amendment to the Labour Code aimed at adapting to modern labour market needs. If approved by the legislature, the changes are set to take 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.

European Union: Key Issues

1. What to expect from the new EU Commission for EU Employment Law.

EU: What to Expect from the New EU Commission for EU Employment Law

Ursula von der Leyen, who was re-elected as President of the EU Commission by the European Parliament on July 27 this year and has presented her selection for the appointment of the new Commissioners on 17 September. Below, we look at the impact of her pick for European social and employment law and plans for the coming years. » 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. The French Data Protection Agency publishes new data privacy self-assessment tool for intra-group transfers.
2. Sexist behaviour can justify a dismissal even if the employer has not taken any disciplinary action in the past.
3. Post-trial period termination is considered dismissal without cause even if the employer had good reasons to end the employment contract.

France: The French Data Protection Agency Publishes New Data Privacy Self-Assessment Tool for Intra-Group Transfers

On 27th August, the French Data Privacy Agency publishes a checklist to help non-EU companies comply with “Binding Corporate Rules” (BCRs) in case of intra-group personal data transfers. » Read More

France: Sexist Behaviour Can Justify a Dismissal Even if the Employer Has Not Taken Any Disciplinary Action in the Past

On June 12th, the French Supreme Court ruled for the first time that sexist behaviour was grounds for dismissal (previous caselaw had been based on the sexual harassment). The fact that the employer had not acted in the past was not deemed relevant. » Read More

France: Post-Trial Period Termination is Considered Dismissal Without Cause Even if the Employer Had Good Reasons to End the Employment Contract

On July 3rd, the French Supreme Court ruled that terminating an employment contract after the trial period had expired was necessarily a dismissal without cause, giving rise to the payment of notice period in lieu and severance indemnities, even if the employer had set out the reasons for such termination in an email. » 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. Omitted target setting for agreed variable remuneration leads to compensation claims.
2. Successive expiry of vested virtual options after termination of employment is generally permissible.

Germany: Newest Case Law Stipulates Assumption that Employees Would Have Reached Targets the Employer Failed to Set for an Agreed Variable Remuneration, Increasing the Risk of Damage Claims

If an employer fails to set the applicable targets for an agreed variable remuneration in time to enable employees to achieve them, the employee may claim compensation. When calculating the amount of such compensation, it is assumed that the employee would have achieved the target unless the employer can prove special circumstances to contradict that assumption. » Read More

Germany: Successive Expiry of Vested Virtual Stock Options After Termination of Employment

Making virtual options granted to an employee that have already vested subject to successive expiry after termination of employment does not disadvantage the employee to an unreasonable degree. » 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. The Indian government launched the new “SHe-Box” portal to bolster workplace safety for women.

India: The Indian Government Launched the New “SHe-Box” Portal to Bolster Workplace Safety for Women

With an aim to strengthen the enforcement of India’s workplace anti-sexual harassment law, the Ministry of Women and Child Development launched the new “SHe-Box” portal on 29 August 2024, wherein women employees from both the public and private sectors can submit complaints related to sexual harassment at the workplace. » 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. New employment permits legislation comes into force and introduces several changes to the Irish employment permit system.
2. WRC’s decision on employee’s full-time remote work request.

Ireland: New Employment Permits Legislation Comes into Force and Introduces Several Changes to the Irish Employment Permit System

The Employment Permits Act 2024 (the “Act”) came into force on 2 September 2024, repealing the existing employment permit legislation and introducing several changes to the Irish employment permits system. » Read More

Ireland: WRC’s Decision on Employee’s Full-Time Remote Work Request

In July 2024, the Irish Workplace Relations Commission (WRC) held that TikTok did not act in breach of the Work Life Balance and Miscellaneous Provisions Act 2023 when it refused an employee’s request to work remotely on a full-time basis. » Read More

For more information on these articles or any other issues involving labour and employment matters in Ireland, please contact Aoife Bradley (Partner) of LK Shields at abradley@lkshields.ie or visit www.lkshields.ie. 

Italy: Key Issues

1. The sixty-day term to challenge dismissal under constitutional review.

Italy: The Sixty-Day Term to Challenge Dismissal Under Constitutional Review

The United Sections of the Supreme Court, with interlocutory decision no. 23874 of 5 September 2024, requested the examination by the Constitutional Court of Article 6, Law 604/1966, in the part where the sixty-day forfeiture term for challenging the dismissal runs “from the receipt of the act rather than from the date of cessation of the state of incapacity,” even in cases of blameless natural incapacity of the dismissed employee. The constitutional review should establish whether this implies an excessive sacrifice or compression of interests with constitutional relevance. » 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/. 

The Netherlands: Key Issues

1. Preparing for the end of the Dutch enforcement moratorium by ensuring proper employment classification by 2025.
2. Upcoming changes regarding Dutch labour law announced by the government. 

The Netherlands: Preparing for the End of the Dutch Enforcement Moratorium by Ensuring Proper Employment Classification by 2025

In July (read link), we informed you that despite the postponement of the legislation on the assessment of employment relationships, the tax authorities will indeed begin actively enforcing the regulations on false self-employment starting 1 January 2025. In the meantime, the Secretary of State for Taxation and Tax Administration has sent a letter to the Parliament announcing how this enforcement will be carried out. The key points of the letter are listed below to inform you on how best to prepare for the tax authorities' enforcement of false self-employment. » Read More

The Netherlands: Upcoming Changes Regarding Dutch Labour Law Announced by the Governmen

Every third Tuesday of September, the government announces its most important plans for the upcoming year. In addition to this, the national budget is showcased. This article highlights the plans that are relevant to labour market 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.

Portugal: Key Issues

1. Court of Appeal rules that shift workers cannot impose a fixed working schedule on employers.
2. Labour Authority starts inspection campaign for compliance with employment quotas for persons with disabilities.
3. Supreme Court standardizes jurisprudence on compensation return in dismissal challenges.

Portugal: Court of Appeal Rules that Shift Workers Cannot Impose a Fixed Working Schedule on Employers

Recently, the Court of Appeal of Guimarães issued a decision clarifying the limits of the flexible working hours regime for employees with family responsibilities, as provided for in Article 56 of the Labour Code. » Read More

Portugal: Labour Authority Starts Inspection Campaign for Compliance with Employment Quotas for Persons with Disabilities

The Authority for Working Conditions (ACT) commenced an inspection campaign this September, which will continue until the end of the first quarter of 2025. This campaign aims to verify compliance with employment quotas for persons with disabilities, as established by Law No. 4/2019 of January 10. » Read More

Portugal: Supreme Court Standardizes Jurisprudence on Compensation Return in Dismissal Challenges

The Supreme Court of Justice recently issued Ruling No. 7/2024, providing an important interpretation of articles 366(4) and (5) of the Labour Code. These provisions establish a presumption that an employee accepts dismissal if they receive the compensation without immediately returning it. » Read More

For more information on these articles or any other issues involving labour and employment matters in Portugal, please contact César Sá Esteves (Partner) of SRS Legal at cesar.esteves@srslegal.pt or visit www.srslegal.pt.

Romania: Key Issues

1. New ruling of the High Court of Cassation and Justice on the use of recordings in labour court cases.

Romania: New Ruling of the High Court of Cassation and Justice on the Use of Recordings in Labour Court Cases

The High Court for Cassation of Justice (HCCJ) was called by the Court of Appeal of Bucharest to issue a ruling on the possibility of using recordings of phone calls between a plaintiff employee and other employees or representatives of the employer made without the consent of the other person as evidence in labour court cases. The HCCJ had already previously recognized the fact that recording could be admissible as evidence in labour court cases, and the new ruling is meant to give more context for the judges when considering such proof. » 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. New EU rules on wage gap.

Spain: New EU Rules on Wage Gap

On 17 May 2007, the Official Journal of the European Union published Directive 2023/970. The new directive, which will soon be transposed in Spain, introduces new provisions to strengthen the principle of equal pay for men and women and to increase pay transparency. These include: » 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 24-month-rule in the Agency Work Act will now become effective in practice.

Sweden: The 24-Month-Rule in the Agency Work Act will Now Become Effective in Practice

On 1 October 2024, new rules in the Agency Work Act will become effective in practice. Companies that hire personnel may be required to offer permanent employment or two months' worth of salary to the persons that have been hired for a total of 24 months in a 36-month period. » 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.

Türkiye: Key Issues

1. Changes have been made in social security incentives and contribution percentages.

Türkiye: Changes Have Been Made in Social Security Incentives and Contribution Percentages

Law number 7524 has been published in the Official Gazette, removing some incentives and increasing some of the social security contribution percentages. » 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. Changing employment terms “fire and rehire.”
2. Indirect associative discrimination.
3. Equal pay claims: work of equal value.
4. Predictable working patterns.
5. Employment reforms update.

United Kingdom: Changing Employment Terms “Fire and Rehire”

The Supreme Court has restored an injunction preventing Tesco from “firing and rehiring” employees in order to remove a “permanent” contractual entitlement to enhanced pay. » Read More

United Kingdom: Indirect Associative Discrimination

Next retail workers have succeeded in their equal pay claims comparing themselves with warehouse workers. » Read More

United Kingdom: Equal Pay Claims: Work of Equal Value

The EAT has ruled that claimants without the protected characteristic of a disadvantaged group but sharing a particular disadvantage may bring indirect discrimination claims. » Read More

United Kingdom: Predictable Working Patterns

The government has confirmed it does not plan to bring into force legislation designed to give workers the right to request a more predicable working pattern.. » Read More

United Kingdom: Employment Reforms Update

We are expecting a draft Employment Rights Bill to be published by mid-October 2024 which will give us more details on the Labour government’s plans for employment law. » 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. Battle over/war isn’t: employer considerations now that FTC non-compete ban is set aside.
2. Fifth circuit holds DOL can set salary floor for white-collar exemptions.
3. Exploring AI risks reported in SEC filings can be helpful for many organizations, including SMBs.
4. DOJ, FTC, DOL, NLRB Memorandum of Understanding continues focus on M&A deals’ labor consequences.

USA: Battle Over/War Isn’t: Employer Considerations Now That FTC Non-Compete Ban Is Set Aside

A Texas court has set aside the Federal Trade Commission’s (FTC’s) Final Rule banning almost all non-compete clauses days before it was set to take effect on Sept. 4. Ryan LLC v. FTC, No. 3:24-CV-00986-E, 2024 U.S. Dist. LEXIS 148488 (N.D. Tex. Aug. 20, 2024). The court’s ruling bars the FTC from enforcing the Final Rule nationwide. Although the FTC lost this battle, it may be winning the war. » Read More

USA: Fifth Circuit Holds DOL Can Set Salary Floor for White-Collar Exemptions

The U.S. Department of Labor (DOL) has statutory authority to impose a salary level requirement to qualify for the executive, administrative, and professional (EAP) exemptions under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Fifth Circuit has held. Mayfield and R.U.M. Enterprises, Inc. v. U.S. Dep’t of Labor, No. 23-50724 (5th Cir. Sept. 11, 2024). The Fifth Circuit joins four other circuit courts of appeal to have found the DOL has authority to impose a minimum salary requirement for application of the exemption. » Read More

USA: Exploring AI Risks Reported in SEC Filings Can Be Helpful For Many Organizations, Including SMBs

One of our recent posts discussed the uptick in AI risks reported in SEC filings, as analyzed by Arize AI. There, we highlighted the importance of strong governance for mitigating some of these risks, but we didn’t address the specific risks identified in those SEC filings. We discuss them briefly here as they are risks likely facing most organizations that either are exploring, developing, and/or have already deployed AI in some way, shape, or form. » Read More

USA: DOJ, FTC, DOL, NLRB Memorandum of Understanding Continues Focus on M&A Deals’ Labor Consequences

On Aug. 28, 2024, the Department of Justice Antitrust Division (DOJ), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) signed a Memorandum of Understanding on Labor Issues in Merger Investigations that will boost the antitrust agencies’ ability to investigate the possible effects of mergers and acquisitions on labor markets. This is the fifth memorandum of understanding (MOU) on the topic since March 2022. Companies undergoing, or contemplating, mergers or acquisitions should take note that the agencies continue to signal a focus on labor impact. » 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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