Australia: Key Issues

1. Pay transparency in Australia. 

Australia: Pay Transparency in Australia

Employers banning their workers from discussing their salary amongst colleagues has been a controversial matter for some time. Conversations with co-workers regarding their pay were previously either subject to disciplinary action or culturally discouraged in many businesses. Recent changes in Australian law has led to workers now having a right to openly discuss their salaries and employment conditions with others, including their colleagues, without fear of retribution by their employer. Employees are also afforded an additional layer of legislative protection as employers must not treat them adversely because they have discussed their pay with co-workers. » 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. Supreme Court: Dismissed employee has to prove that damage is probable when claiming damages for a lost opportunity.

Belgium: Supreme Court: Dismissed Employee has to Prove that Damage is Probable When Claiming Damages for a Lost Opportunity

A contractual employee of the administration of a municipality was accused of aggressive behaviour. The municipality organised a hearing in order to investigate the accusations. However, the employee did not turn up to the hearing as he claimed to be ill. Instead of postponing the hearing, the municipality immediately dismissed the employee with a severance payment. The employee brought several claims before the court, including a claim to damages due to a lost opportunity. In fact, the employee was already applying for a new position with another administration. He started his new job not even a month after his dismissal. However, according to the employee, the dismissal has robbed him of the choice whether or not to accept the new position. » 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. Human rights adjudicator provides guidance on family status accommodation.
2. HRTO finds no discrimination in request that volunteer remove rainbow sticker.
3. Ontario Superior Court upholds termination for just cause and wilful misconduct.
4. Working for Workers Five Act now a law.
5. Employers rejoice: Court upholds ESA-minimum termination clause.

Canada: Procedural Makes Preferred: Employer Engagement Drives Diverging Outcomes in Two Family Status Accommodation Decisions

Accommodating employees on the basis of family status can prove difficult for employers, particularly as there are many possible pitfalls when responding to these requests.  This article examines two recent decisions regarding family status discrimination and consider what lessons they provide when an employee requires or asks to be accommodated on the basis of family status. » Read More

Canada: HRTO Finds No Discrimination in Request that Volunteer Remove Rainbow Sticker

One way that Ontario employers can minimize the risk of liability under the Human Rights Code is to ensure consistent application of their workplace policies – including dress codes.  This article discusses a recent Human Rights Tribunal of Ontario decision that found an employer’s request that a volunteer remove a rainbow sticker from his name badge was not discriminatory. » Read More

Canada: An Employee’s “F-bombs” and Threats to Hit their Employer: Are these Wilful Misconduct?

An employee was terminated for swearing and threatening violence against his employer, as well as inappropriate professional behaviour towards clients and colleagues. The Court assessed this misconduct against the just cause and wilful misconduct standards and upheld the termination. » Read More

Canada: Working for Workers Five Act Now Law

The latest in Ontario’s Working for Workers series of legislation has received Royal Assent, passing it into law. This article provides a very high-level overview of the Act – more detail to come. » Read More

Canada: Employers Rejoice: Court Upholds ESA-Minimum Termination Clause

Following recent cases providing little guidance in the area, the Ontario Superior Court of Justice provides welcome clarity for employers regarding the enforceability of termination clauses. In the recent case of Bertsch v DatastealthInc., 2024 ONSC 5593, a termination clause was upheld for clearly and unambiguously limiting the employee’s entitlements upon termination. » 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. Santiago Court of Appeals validates employer's deduction of unemployment insurance contribution in the case of unjustified dismissal.

Chile: Santiago Court of Appeals Validates Employer's Deduction of Unemployment Insurance Contribution in the Case of Unjustified Dismissal

Chilean law provides that the employer's contribution to unemployment insurance can be deducted from the severance for years of service to which an employee is entitled when he/she is dismissed without cause. » 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 Central Committee and the State Council: Strengthening the role of employee representative congress to protect the vital interests of industrial workers.
2. Ministry of Human Resources and Social Security: Reported typical cases of violations against employment rights of employees.

China: CPC Central Committee and the State Council: Strengthening the Role of Employee Representative Congress to Protect the Vital Interests of Industrial Workers

On 21st October 2024, the State Council published the Opinions of the Communist Party of China (CPC) Central Committee and the State Council on Deepening Reform of the Industrial Workforce, which clearly proposes improving the democratic management policies of enterprises and public institutions by strengthening the employee representative congresses as the fundamental form of democratic management. » Read More

China: Ministry of Human Resources and Social Security: Reported Typical Cases of Violations Against Employment Rights of Employees

Recently, the Ministry of Human Resources and Social Security of PRC, in coordination with relevant departments, has carried out special rectification of the human resources market in various regions, focusing on investigating and penalizing a batch of cases of false recruitment, discrimination in employment and illegal labour dispatch and other violations of the law.  On October 18th, 2024, this batch of typical cases was publicized. » 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. Labour reform.
2. Workplace well-being.

Colombia: Key Updates on Employment Contracts and Working Conditions

The labour reform has recently passed its second debate in the House of Representatives and will now move to the Senate for further discussion. This reform introduces significant changes, including updates on teleworking, for a particular job or service contracts, the publication of Internal Work Regulations, and adjustments to day and night work schedules. Stay informed about these key modifications and their potential impact. » Read More

Colombia: Ministries of Labour and Health to Advance Mental Health and Addiction Prevention

The Ministry of Labour and the Ministry of Health and Social Protection have launched an initiative to promote mental health and prevent the use of psychoactive substances in the workplace. This initiative emphasizes the importance of mental health in the work environment and its direct impact on employees' quality of life and productivity. » 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 employees to be able to self-schedule starting 2025.

Czech Republic: Czech Employees to be Able to Self-Schedule Starting 2025

Starting 1 January 2025, employees in the Czech Republic will have the opportunity to organize their own working hours, provided they come to an agreement with their employer. » 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. CJEU rejects gender discrimination claim regarding higher cost allowance for (Male) pilots than for (Female) cabin crew.

EU: CJEU Rejects Gender Discrimination Claim Regarding Higher Cost Allowance for (Male) Pilots than for (Female) Cabin Crew

In the Air Nostrum case C-314/23 of 4 October 2024, a trade union of cabin crew workers and the Spanish public prosecutor claimed that the collective bargaining agreements that Spanish airline company Air Nostrum had concluded with several trade unions regarding the cost allowance for pilots and cabin crew constitute an indirect discrimination based on gender. » 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. Minimum wage increase effective 1st of November 2024.
2. Being unreachable on personal phone on a day off is not misconduct.
3. The statute of limitation in claiming of being a victim, for reporting bullying, sexual harassment is 5 years.

France: Minimum Wage Increase Effective 1st of November 2024

Decree no. 2024-951 of 23rd October 2024 that takes effect starting 1st November 2024 provides that the minimum wage (« SMIC ») will be increased. » Read More

France: Being Unreachable on Personal Phone on a Day Off is Not Misconduct

On 9 October 2024, the French Supreme Court ruled that an employee cannot be sanctioned on the basis that he was not reachable on his personal phone even if it was because his employer needed to inform him of a change in schedule. » Read More

France: The Statute of Limitation in Claiming of Being a Victim, for Reporting Bullying, Sexual Harassment is 5 Years

On 9 October 2024, the French Supreme Court ruled that employees who wish to claim damages due to termination of their employment contract because they reported bullying and/or sexual harassment in the workplace have 5 years to bring such claim before the Employment Tribunal. This period starts running not from the date of the end of the employment contract but from the date the employees became aware of these acts of bullying. » 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. The new guidelines expand the scope of the Temporary Employment Act.
2. The new Fourth Bureaucracy Reduction Act simplifies HR practice, particularly with regard to formal requirements.

Germany: Remote, but Not Out of Reach - New Guidelines Expand the Scope of the German Temporary Employment Act 

The new guidelines for the German Temporary Employment Act expand and clarify its application in an international context. » Read More

Germany: Fourth Bureaucracy Reduction Act – Simplifications for HR Practice?

On 29 October 2024, the Fourth Bureaucracy Reduction Act was announced in the Federal Law Gazette, the main provisions of which will come into force on 1 January 2025. The formal simplifications it contains are particularly relevant for employers, for example, text form is sufficient for employment contracts and written form (i.e., wet ink) is no longer required. » 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. Guidance to determine the senior official’s culpability in an employee’s suicide case.

India: Guidance to Determine the Senior official’s Culpability in an Employee’s Suicide Case

In a judgement delivered on 3 October 2024, the Supreme Court of India provided guidance for determining the culpability of senior officials in an employee’s suicide under Section 306 of the Indian Penal Code, 1860. The Supreme Court of India listed out various actions on the part of accused that can amount to abetment of suicide in cases where the accused and deceased have a professional relationship. » 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. Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 signed into law on 28 October 2024.

Ireland: Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 Signed into Law on 28 October 2024

The Maternity Protection, Employment Equality and Preservation of Certain Records Act 2024 (the “Act”), signed into law on 28 October 2024, introduces changes to maternity leave and the use of non-disclosure agreements (“NDAs”) in respect of allegations of discrimination, harassment, sexual harassment, or victimisation. » 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 termination by the transferee is legitimate when based on the dismissal previously served by the transferor.

Italy: The Termination by the Transferee is Legitimate When Based on the Dismissal Previously Served by the Transferor

After the individual transfer of the employment contract, it is legitimate for the new employer to terminate the employee who has already received a dismissal by the transferor that was declared lawfully served in the second instance. » Read More

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

Mexico: Key Issues

1. Gender perspective and equality decree.

Mexico: Gender Perspective and Equality Decree

The Mexican President, Claudia Scheinbaum, has sent a bill to the Senate to amend articles of the Constitution to enforce substantive equality, gender perspective, and pay equality. This reform focuses on key areas: ensuring women's right to gender perspective and equality, protecting vulnerable populations from violence, incorporating a gender perspective in public security and justice, mandating gender parity in executive appointments, and reducing the gender pay gap. These proposed changes aim to transform Mexico's labour and public safety landscape, creating a fairer, more inclusive society, aligned with her commitment to gender equality. This Bill was approved by the Senate on October 25th of this year, and was sent to the House of Representatives for its review and approval. On the 14th of November, the House has also approved the Bill. In accordance with the procedure for Constitutional amendments, it has to be approved by the majority (17 at least) of the State Local Congress. » 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. Important notice: starting 1 January 2025, the Dutch Tax Authority will resume enforcement of false self-employment.

The Netherlands: Important Notice: Starting 1 January 2025, the Dutch Tax Authority will Resume Enforcement of False Self-Employment

Starting 1 January 2025, the Dutch Tax Administration will lift its enforcement moratorium and start actively enforcing the DBA Act (Deregulation of the Assessment of Employment Relationships). This means that the tax authorities will start to fully enforce measures against false self-employment. This article clarifies the enforcement process and the criteria the Tax Administration will use for assessment. » 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. Proposed changes to the Holiday Act and how holiday pay is accrued and paid in Norway.
2. New decision from the Supreme Court that employees are not covered by the National Insurance Scheme Coverage during breaks in the home office.
3. Clarification from the Labour Court: case processing in connection with selection for temporary lay-offs.
4. Clarifications from the Anti-Discrimination Tribunal. 

Norway: Proposed Changes to the Holiday Act and How Holiday Pay is Accrued and Paid in Norway

The government is proposing a change from the current earning system of holiday pay, following a statement from ESA that Norway's rules for holiday pay violate the EU's Working Time Directive. According to the directive, employees are entitled to four weeks of paid holiday each year. » Read More

Norway: New Decision from the Supreme Court that Employees are Not Covered by the National Insurance Scheme Coverag During Breaks in the Home Office

In September 2024, the Supreme Court issued a judgement clarifying that an employee who works from home, and who injures himself during breaks from work, is not covered by the National Insurance Scheme's occupational injury coverage. » Read More

Norway: Clarification from the Labour Court: Case Processing in Connection with Selection for Temporary Lay-offs

The Labour Court clarifies procedural requirements for temporary layoff (furloughing) processes. Although not an absolute requirement in writing, the employer must ensure sufficient grounds for testing and validating whether the selection is objective. » Read More

Norway: Clarifications from the Anti-Discrimination Tribunal

The Anti-discrimination Tribunal clarifies employers' duty on the following. » 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. Additional maternity leave is coming for parents of premature babies and parents of babies requiring extended hospitalization after birth.

Poland: Additional Maternity Leave is Coming for Parents of Premature Babies and Parents of Babies Requiring Extended Hospitalization After Birth

The Council of Ministers approved a draft law prepared by the Ministry of Family, Labour and Social Policy introducing a new entitlement - additional maternity leave for parents of premature babies and parents of children born on time, but requiring prolonged hospitalization after birth. The dimension of the supplementary maternity leave will be up to 8 or up to 15 weeks, respectively. The effective date of the new regulations is not yet known. » 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.

Portugal: Key Issues

1. Surveillance footage and just cause – decision by the Évora Court of Appeal.

Portugal: Surveillance Footage and Just Cause – Decision by the Évora Court of Appeal

The Évora Court of Appeal upheld the validity of a dismissal for just cause based on surveillance footage. The decision highlights the importance of surveillance systems in protecting company assets and addresses legal controversies surrounding their use. » 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. Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on Adequate Minimum Wages in the European Union transposed into Romanian Law by Law No. 283/2024.

Romania: Directive (EU) 2022/2041 of the European Parliament and of the Council of 19 October 2022 on Adequate Minimum Wages in the European Union Transposed into Romanian Law by Law No. 283/2024

Law No. 283/2024 has made changes in the Romanian Labour Code in order to implement the general rules set by the Directive regarding minimum wage and encouraging the collective negotiations process as Romania has constantly been recommended to implement rules that will increase the percentage of employees covered by collective agreements. » 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. The Independent Authority for Whistleblower Protection is regulated in Spain.

Spain: The Independent Authority for Whistleblower Protection is Regulated in Spain

On 30 October, Royal Decree 1101/2024 of 29 October, which approves the Statute of the Independent Authority for the Protection of Whistleblowers, A.A.I., came into force. » 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. First verdict concerning objective reasons for termination due to personal reason since the 2022 Reform of Swedish Labour Law.

Sweden: First Verdict Concerning Objective Reasons for Termination Due to Personal Reason Since the 2022 Reform of Swedish Labour Law

On 9 October 2024, the Swedish Labour Court issued a ruling concerning termination due to personal reasons. The case concerned a telemarketer who was terminated due to personal reasons, including poor performance and refusal of order. The employer claimed that the employee refused to comply with instructions regarding how the work should be carried out and that he clearly underperformed by, for a long period, not attaining his monthly sales budget. The Court concluded that the termination was based on objective reasons. » 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. Entry into force of the Federal Act on the Taxation of Teleworking in International Relations starting 1 January 2025.

Switzerland: Entry into force of the Federal Act on the Taxation of Teleworking in International Relations starting 1 January 2025

The Federal Law on the Taxation of Telework in International Relations has intended to take account of the unstoppable digitalization and globalization of (cross-border) work and at the same time to prevent high losses specifically in the taxation of cross-border workers residing in a neighbouring country. » 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. Redundancies: Workforce consultation.
2. Employment contract: Unlawful deductions from wages.
3. Employment law reforms – consultations launched and new draft legislation published.
4. Duty to prevent sexual harassment - EHRC checklist, action plan and monitoring logs.
5. Autumn budget.

United Kingdom: Redundancies on Workforce Consultation

The Court of Appeal has ruled that there is no requirement for non-unionised employers to carry out general workforce consultation in small-scale redundancy processes. » Read More

United Kingdom: Employment Contract: Unlawful Deductions from Wages

An employment tribunal has ruled that a claim for unlawful deduction from wages by a footballer who was suspended while facing criminal charges should substantially succeed. » Read More

United Kingdom: Employment Law Reforms – Consultations Launched and New Draft Legislation Published

The UK government has recently published four consultations and new draft legislation as part of their plans to reform workplace law. » Read More

United Kingdom: Duty to Prevent Sexual Harassment - EHRC Checklist, Action Plan and Monitoring Logs

The Equality and Human Rights Commission has published new documents to help employers comply with the new duty to take reasonable steps to prevent sexual harassment. » Read More

United Kingdom: Autumn Budget

We will explain the key points for employers to note from the Autumn Budget. » 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. President-Elect Trump’s impact on employer issues of interest.
2. SCOTUS’ review of Title VII Reverse Discrimination Pleading Standard will likely impact employers’ employment decisions.
3. Supreme Court considers standard for proving an FLSA exemption applies.

USA: President-Elect Trump’s Impact on Employer Issues of Interest

What changes in workplace law should employers anticipate given both Donald J. Trump’s election to be the 47th U.S. president and the results of Congressional and state races?

Our post-Election 2024 coverage explores key employer issues and offers practical insights analyzed in light of the president-elect’s proposed policies to date. » Read More

USA: SCOTUS’ Review of Title VII Reverse Discrimination Pleading Standard Will Likely Impact Employers’ Employment Decisions

The U.S. Supreme Court will review a requirement in five federal circuit courts of appeals that members of a majority group, such as Whites, males, or heterosexuals, who allege discrimination under Title VII of the Civil Rights Act meet a higher pleading standard than traditional minority plaintiffs in Ames v. Ohio Department of Youth Services, No. 23-1039. » Read More

USA: Supreme Court Considers Standard for Proving an FLSA Exemption Applies

The U.S. Supreme Court heard oral arguments on Tuesday, November 5, on the standard of proof that employers must meet to show an employee is exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA). » 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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