Australia: Key Issues

1. Contractual damages for psychiatric injury: lessons from the High Court’s decision in Elisha v Vision Australia Ltd.

Australia: Contractual Damages for Psychiatric Injury: Lessons from the High Court’s decision in Elisha v Vision Australia Ltd

A recent decision from the High Court of Australia marks a significant development in the law concerning an employee’s ability to claim damages for psychiatric illness associated with the manner of their termination. In addition to the increased focus on employees’ psychosocial health, this will likely result in a rise of breach of contract claims made by employees. » 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. New federal government’s 20 upcoming employment law measures that employers must know about.

Belgium: New Federal Government’s 20 Upcoming Employment Law Measures that Employers Must Know About

On 31 January 2025, the new Federal Government (“De Wever I”, also called “Arizona”) reached a coalition agreement. The document contains a long list of measures that can directly and indirectly impact employment law. Below, we make a selection of the top 20 measures that we think might have the most significant impact for employers. All of these measures still need to be enacted by law. » 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. Employment law, constructive dismissal.
2. Employment law, Ontario employment contracts, termination clause interpretation in Ontario.
3. Combatting forced and child labour in supply chains; Reporting obligations for Canadian entities under federal law.

Canada: Superior Court Finds Employer’s Attempt to Reverse Remote-Work Arrangement was Constructive Dismissal

In a recent decision from the Ontario Superior Court of Justice, the Court found that an employee was constructively dismissed from her employment after her employer demanded that she return to in-person work following more than a year working remotely from Europe. In this article, we review the Court’s decision with a view to understanding how employers can make changes to remote work arrangements and retain flexibility while minimizing the risk of legal claims from employees. » Read More

Canada: Dufault v. Ignace (Township): The “Sole Discretion… at Any Time” Saga Continues

The Court of Appeal for Ontario (“ONCA”) recently issued Dufault v. Ignace (Township), the latest in a series of decisions affirming that contractual termination provisions which are non-compliant with the Employment Standards Act, 2000 (the “ESA”) will be invalid. To employers’ disappointment, the ONCA declined to clarify whether language permitting an employer to terminate employment “in its sole discretion… at any time” is ESA-compliant. In this article, we discuss both the ONCA’s decision and the Employer’s application for leave to appeal to the Supreme Court of Canada. » Read More

Canada: Supply Chain Reporting in 2025

Public Safety Canada has released clarifying guidance regarding the application of Canada’s supply chain transparency laws. In this article, Rob Bayne and Rebecca Rosenberg review these updates and how it may impact organizations with reporting obligations ahead of the second annual filing date on May 31, 2025. » 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.

China: Key Issues

1. Human Resources and Social Security Bureau of Beijing issued model texts of documents related to flexible retirement.
2. Beijing Labour Arbitration Commission supported employer’s termination of senior executive hiding conflict of interest.

China: Human Resources and Social Security Bureau of Beijing Issued Model Texts of Documents Related to Flexible Retirement

On January 10, the Human Resources and Social Security Bureau of Beijing issued the Model Text of Notice of Flexible Early Retirement and the Model Text of Agreement on Flexible Delayed Retirement for voluntary reference and use by employees and employers. » Read More

China: Beijing Labour Arbitration Commission Supported Employer’s Termination of Senior Executive Hiding Conflict of Interest

The Beijing Labour Arbitration Commission has released the top ten typical labour arbitration cases of 2024, among which involves a case regarding a company’s executive concealing competitive interests. In this case, the corporate officer used his position to seek benefits for another company he had established and concealed this information from his employer, who breached the company regulations. The arbitration commission recognized the legitimacy of the company’s termination of the employment contract on the grounds of the executive’s violation of employee regulations. » 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 Supreme Court of Justice revises its position on eligibility criteria for survivors' pension benefits.
2. Constitutional Court to expand paternity leave.

Colombia: The Supreme Court of Justice Revises Its Position on Eligibility Criteria for Survivors' Pension Benefits

The survivors' pension in Colombia is an economic benefit designed to ensure the financial stability of the family members of a deceased contributor or pensioner. Regulated by Law 100 of 1993, as amended by Law 797 of 2003, this right outlines specific criteria and requirements for eligibility. Recently, the Labour Cassation Chamber of the Supreme Court of Justice, in Ruling SL3507-2024, updated its stance on these requirements, establishing a new precedent in the interpretation of the law. » Read More

Colombia: Constitutional Court to Expand Paternity Leave

The Constitutional Court declared unconstitutional the restrictions that limited paternity leave to cases where the mother, pregnant or breastfeeding, did not have formal employment. This ruling amends Law 2141 of 2021, ensuring paternity leave is granted regardless of the mother's employment status. » Read More

For more information on these articles or any other issues involving labour and employment matters in Colombia, please contact Angelica Carrion (Partner) of López & Asociados at angelica.carrion@lopezasociados.net or visit www.lopezasociados.net

Czech Republic: Key Issues

1. Employers can seek damages from employees responsible for illegal contracting practices.

Czech Republic: Employers Can Seek Damages from Employees Responsible for Illegal Contracting Practices

The Czech Supreme Court has confirmed that employers can hold employees accountable for damages caused by implementing or maintaining illegal employment practices, such as illegal dependent work performed as freelancer. This landmark decision sets a precedent for addressing financial losses stemming from managerial and legal negligence in labour law compliance. » 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 reaffirms obligation to register working time.

EU: CJEU Reaffirms Obligation to Register Working Time

Following the Court of Justice of the European Union's (CJEU) landmark decision in the CCOO case on 14 May 2019, the topic of working time registration has become a hot topic in many EU member states. In this ruling, the CJEU emphasized that the effectiveness of rights under the Working Time Directive can only be ensured if employers are mandated to implement an objective, reliable, and accessible system to record the duration of time worked by each employee. On 19 December 2024, the CJEU revisited the issue of working time registration in the Loredas case. A Spanish court sought a preliminary ruling on whether national interpretation of the legislation exempting employers of domestic workers (households) from the obligation to record actual working time was compatible with EU law. In its judgement, the CJEU reaffirmed the obligation for time registration established in the CCOO case, with some nuanced considerations. » 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. A new law related to maintaining senior employees in employment is envisaged.
2. The French Supreme Court recognises for the first time the concept of “institutional harassment.”
3. Notification of dismissal on disciplinary grounds must occur within 1 month after the employee was summoned to a pre-dismissal meeting.

France: A New Law Related to Maintaining Senior Employees in Employment is Envisaged

A collective agreement signed on 14th  November 2024, between nationally represented employees and employer trade unions about the employment of senior employees is likely to be extended to apply to all companies. » Read More

France: The French Supreme Court Recognises for the First Time the Concept of “institutional harassment”

In a ruling dated 21st January 2025, the Criminal Section of the French Supreme Court retained that a company policy, implemented with full knowledge of the facts, which aimed or resulted in the deterioration of all or some of the employees’ working conditions, constitutes “institutional harassment,” which can lead to criminal sanctions for the company’s legal representatives. » Read More

France: Notification of Dismissal on Disciplinary Grounds Must Occur Within 1 Month After the Employee was Summoned to a Pre-Dismissal Meeting

In a ruling dated 22nd January 2025, the employment section of the French Supreme Court confirmed that if an employer decides to postpone the original date of the pre-dismissal meeting when the dismissal envisaged is on disciplinary grounds. » Read More

For more information on these articles or any other issues involving labour and employment matters in France, please contact Stéphanie Dumas (Partner) of Flichy Grangé Avocats at dumas@flichy.com or visit www.flichygrange.com.

Germany: Key Issues

1. The corporate group privilege under the German Temporary Employment Act does not apply if an employee is hired or employed for the purpose of employee leasing.

Germany: Federal Labour Court Restricts the Corporate Group Privilege for Temporary Agency Work

The German Federal Labour Court clarified that the corporate group privilege under the German Temporary Employment Act does not apply if an employee is either hired or employed for the purpose of employee leasing, even though this interpretation deviates from the explicit wording of the law. » 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. Review of Ireland’s equality legislation and its effect on the Employment Equality Acts 1998-2015 and Equal Status Act 2000.

Ireland: Review of Ireland’s Equality Legislation and its Effect on the Employment Equality Acts 1998-2015 and Equal Status Act 2000

On 6 February 2025, following a review of Irish equality legislation, a General Scheme of the Equality (Miscellaneous Provisions) Bill 2024, which details the amendments to be made to the Employment Equality Acts 1998-2015 and Equal Status Act 2000 was published. » 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 Byrne Wallace Shields at abradley@byrnewallaceshields.com or visit https://www.byrnewallaceshields.com/. 

Italy: Key Issues

1. Employer offended on Facebook by an employee: the dismissal is unlawful if the employee’s outburst is due to an unjust fact.

Italy: Employer Offended on Facebook by an Employee: the Dismissal is Unlawful if the Employee’s Outburst is Due to an Unjust Fact

The case refers to the dismissal of an employee who, through her Facebook profile, disparaged the employer. It was after  her husband, who is employed by the same company, was injured because of the leak of toxic substances in the company’s premises. The Supreme Court deemed the expulsive measure unlawful, qualifying the employee's conduct as an outburst caused by a contingent event and attributable to the employer’s liability. » 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. The Minister of Social Affairs and Employment advocates for stricter regulations on companies exploiting migrant workers.
2. The entrepreneurship requirement carries less weight regarding false self-employment.

The Netherlands: The Minister of Social Affairs and Employment Advocates for Stricter Regulations on Companies Exploiting Migrant Workers

In the ongoing debate on the working conditions of migrant workers in the Netherlands, concerns about exploitation by employers and employment agencies are frequently raised. To address these issues, the government is introducing measures to enhance their protection. Read in this article to learn what the minister proposes. » Read More

The Netherlands: The Entrepreneurship Requirement Carries Less Weight Regarding False Self-employment

The issue of false self-employment in the Netherlands remains a key topic following the Supreme Court’s Deliveroo judgement, which outlines nine criteria for determining employment status. While the Court emphasised assessing all criteria together, the Tax Authority focuses primarily on the first eight. Starting 1 January 2025, stricter enforcement may lead to contract reclassification, requiring employers to compensate workers and the Tax Authority. Meanwhile, a draft law aims to clarify employment relationships, though its future remains uncertain. How the authorities will interpret and implement these changes in practice remains to be seen. » 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 from the Supreme Court regarding the principles for final settlement in cases of misclassification of employees as contractors.

Norway: New Ruling from the Supreme Court Regarding the Principles for Final Settlement in Cases of Misclassification of Employees as Contractors

In December 2024, the Supreme Court issued a ruling clarifying the risks that companies face due to incorrect classification of workers. The ruling also clarified issues regarding the determination and limitation of monetary claims. » 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. Superfluity or Subterfuge: What is adequate proof of redundancy under Philippine law?

Philippines: Superfluity or Subterfuge: What is Adequate Proof of Redundancy under Philippine Law?

The Philippine Labour Code codifies the principle of security of tenure and ensures that employees cannot be dismissed without just or authorised cause. Among the authorised causes, redundancy is one of the most utilised justifications for termination, granting employers the prerogative to reorganise their operations that promote greater efficiency, reduce overhead costs, and enhance prospects of economic gains. » 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. A draft regulation on changes in length of service definition starting 2026.

Poland: A Draft Regulation on Changes in Length of Service Definition Starting 2026

According to the draft regulation by the Ministry of Family, Labour and Social Policy, starting 1 January 2026, the rules for calculating length of service will change, affecting notice periods, severance pay, and vacation entitlement. Periods such as self-employment, civil law contracts, service in uniformed forces, doctoral studies, unemployment benefits, and employment abroad will now count toward work experience. As a result, employees may qualify for longer notice periods, higher severance pay, and faster entitlement to 26 vacation days. To benefit from these new regulations, employees must provide documentation of their work history, such as certificates from the Social Insurance Institution (ZUS). The new regulations will also apply retroactively to previous periods of employment, regardless of its form or legal basis. » 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. National inspection action regarding wage disparities between men and women.

Portugal: National Inspection Action Regarding Wage Disparities Between Men and Women

Companies Notified by ACT Must Submit a Wage Disparity Assessment Plan Within 120 Days. » 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. The government has set the rules on how to determine and assess the minimum wage.

Romania: The Government has Set the Rules on How to Determine and Assess the Minimum Wage

In November 2024, the Romanian Labour Code has been amended by Law No. 283/2024 in order to implement the general rules set by the EU Directive No. 2022/2041 on adequate minimum wages in the European Union. To make these general rules functional and establish a procedure that will be used to determine the annually proposed level for the minimum wage, the Government issued Decision No. 35/2025 that sets the responsibilities of the Ministry of Labour, Family, Youth and Social Solidarity and the procedure for setting and updating the minimum wage. » 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. Spanish Supreme Court Judgement of 20 January 2025 (rec. 99/2024): limits on company measures to combat absenteeism.

Spain: Spanish Supreme Court Judgement of 20 January 2025 (rec. 99/2024): Limits on Company Measures to Combat Absenteeism

Work absenteeism is a phenomenon that is understood to be detrimental to the interests of companies as it affects their productivity and operational efficiency. » 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 Administrative Court of Appeal ruled on a platform company´s responsibility for couriers´ work environment.

Sweden: The Administrative Court of Appeal Ruled on a Platform Company´s Responsibility for Couriers´ Work Environment

A recent decision by the Administrative Court of Appeal has categorised a platform company as the employer of its couriers, thereby imposing work environment obligations on the company. This judgement represents a pivotal development in the gig economy, potentially increasing accountability for platform-based companies. » 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.

United Kingdom: Key Issues

1. Discrimination on religious or philosophical belief.
2. Holiday pay two-year backstop.
3. Discrimination: injury to feelings awards.
4. Neonatal care leave.
5. Wellbeing: neurodiversity

United Kingdom: Discrimination on Religious or Philosophical Belief

The Court of Appeal has ruled that an employee’s dismissal for Facebook posts criticising the teaching of “gender fluidity” was discriminatory. » Read More

United Kingdom: Holiday Pay Two-year Backstop

A tribunal has found that the two-year backstop on unlawful deductions claims is unlawful. » Read More

United Kingdom: Discrimination: Injury to Feelings Awards

The EAT has ruled that an injury to feelings award of £10,000, for failure to deal with a grievance, was "manifestly excessive." » Read More

United Kingdom: Neonatal Care Leave

The government has published regulations relating to the new right to neonatal care leave and pay, which will come into force on 6 April 2025. » Read More

United Kingdom: Wellbeing: Neurodiversity

Acas has published new advice for employers to raise awareness of neurodiversity in the workplace. » 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 Trump 2.0: impact on employers.
2. Post-EO DEI assessments: what are they and why should you do them?
3. Firings at the US Privacy and Civil Liberties Oversight Board and potential impact on transatlantic data transfers.
4. NY’s Non-Compete Bill: what employers can expect from a newly proposed ban.

USA: President Trump 2.0: Impact on Employers

This page serves as a central resource for articles, podcasts and more on President Trump’s impact on workplace issues during his first 100 days. » Read More

USA: Post-EO DEI Assessments: What Are They and Why Should You Do Them?

Challenges to diversity, equity and inclusion (DEI) programs are at an all-time high and increasing. Executive orders (EOs) issued by President Donald Trump prohibit “illegal DEI” activities by federal agencies, contractors, and grantees, but they do not define “illegal DEI.” The EOs also direct agencies to investigate whether the DEI practices of private, non-federal contractor employers violate federal civil rights laws. » Read More

USA: Firings at the US Privacy and Civil Liberties Oversight Board and Potential Impact on Transatlantic Data Transfers

President Trump recently fired the three democrats on the Privacy and Civil Liberties Oversight Board (PCLOB). Since these firings bring the Board to a sub-quorum level, they have the potential to significantly disrupt transatlantic transfers of employee and other personal data from the EU to the US under the EU-US Data Privacy Framework (DPF). » Read More

USA: NY’s Non-Compete Bill: What Employers Can Expect from a Newly Proposed Ban

A bill introduced in the New York State Senate on Feb. 10, 2025, would prohibit nearly all non-compete agreements arising in employment. Consistent with a national trend, non-competes for healthcare professionals would be banned. » 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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