Australia: Key Issues

1. Duties in Queensland extend from response to prevention of sexual harassment and sex or gender-based harassment in the workplace.

Australia: Sexual Harassment Prevention Plan Requirement (Qld)

Since 1 March 2025, all persons conducting business or undertaking in Queensland, Australia have been required to prepare and implement a prevention plan to manage identified risks of sexual harassment and sex or gender-based harassment in the workplace. » 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. Student work contingent to be increased to 650 hours per year.

Belgium: Student Work Contingent to be Increased to 650 Hours Per Year

The Belgian parliament is set to approve the first measure announced by the federal coalition agreement of 31 January 2025. It concerns the increase of the maximum hours that students can work to fall under a beneficial treatment regarding social security contributions and taxes. » 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.

Brazil: Key Issues

1. Are Brazilian companies with 100 or more employees required to publish the third salary transparency report by March 31?
2. New regulations and compliance on workplace mental health.

Brazil: Are Brazilian Companies with 100 or More Employees Required to Publish the Third Salary Transparency Report by March 31?

The Salary and Remuneration Criteria Transparency Law (Law 14,611/23) stipulates that companies with 100 or more employees are required to publish their Salary and Remuneration Criteria Transparency Reports biannually. However, this obligation is currently suspended due to a ruling by the Federal Regional Court for the 6th Region (TRF-6). As a result, some companies have chosen to publish the report, while others are opting not to. » Read More

Brazil: New Regulations and Compliance on Workplace Mental Health

As of 26 May 2025, companies will have to include psychosocial risks in their Risk Management Programs (PGR) to improve mental health in the workplace. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Gabriela Lima (Partner) of TozziniFreire at glima@tozzinifreire.com.br or visit www.tozzinifreire.com.br.

Canada: Key Issues

1. Employment law; employment contracts; termination clauses.
2. Workplace investigations; Workplace harassment; Workplace misconduct; Procedural fairness; Occupational health and safety.
3. Privacy; Workplace investigations; Labour relations; Discipline of union officers.
4. Executive compensation; Workplace policies.
5. Sexual harassment; Just cause dismissal; Summary dismissal; Progressive discipline.
6. Releases; Wrongful dismissal; Repudiation of employment contract.

Canada: Employers Cannot Terminate Employment “At Any Time”—Ontario Court

The Ontario Superior Court of Justice has released another decision on termination clauses. This time, striking down a “without cause” termination clause that said the employer could terminate employment “at any time.” In this article, we examine this case and encourage employers to – once more – review their employment agreements. » Read More

Canada: Fairness Fundamentals: Four Procedural Tips for Conducting Workplace Investigations

The courts and tribunals are increasingly scrutinizing workplace investigations for their fairness to all parties involved. Where adjudicators find the process followed to be unfair, there can be liability for the employer. In this article, we share four key tips for conducting procedurally fair workplace investigations. » Read More

Canada: Arbitrator Awards Damages for Employer’s Privacy-Breaching Access of YouTube Video

In the recent decision in Corporation of The District of West Vancouver v. Amalgamated Transit Union, Local 134, the arbitrator ordered that the employer pay $30,000 of damages to the Union as a result of the employer’s “unnecessary and invasive” investigation into the Union’s local President. In this article, we explore this case and what employers can learn from it in respect of employee privacy and employer investigations. » Read More

Canada: Clarity Still Counts in Employment and Compensation

The Court of Appeal for Ontario (the “Court”) in Boyer v Callidus Capital Corporation upheld a 2024 lower court decision awarding a plaintiff employee over $1.5 million for lost vacation pay and perquisites. In this article, we examine what this case tells us about the importance of clearly conveying workplace policies, particularly when those policies affect employees’ compensation. » Read More

Canada: BC Arbitrator Upholds Termination for Misconduct During Union Strike

In the recent arbitration decision in Lantic Inc. v. Public and Private Workers of Canada, Local 8, the arbitrator upheld the termination of a long-service employee for misconduct during a strike, which included the sexual harassment of a security guard while the Grievor was picketing. In this article, we discuss how the facts of this case allowed the arbitrator to uphold the Grievor’s summary dismissal without the employer needing to apply progressive discipline. » Read More

Canada: Requiring a Release in Exchange for Contractual Entitlements Has Serious Consequences for Employer

In the recent case of Timmins v. Artisan Cells, the Superior Court of Ontario awarded significant damages against an employer who refused to pay a former employee the amounts to which they were entitled to under their employment contract, unless that employee executed a release.  In this article, we analyse this decision, and discuss how employers can avoid similar liability. » 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. Major pension reform that will impact employers’ contributions.

Chile: Major Pension Reform that will Impact Employers’ Contributions

On 29 January 2025, Congress approved a major pension reform.  Although it hasn’t been published as law, it is probable that will happen this March. » Read More

For more information on these articles or any other issues involving labour and employment matters in Chile, please contact Bárbara Zlatar (Partner) of Cariola Díez Pérez-Cotapos at bzlatar@cariola.cl or visit www.cariola.cl.

China: Key Issues

1. The Sichuan Provincial Labour and Personnel Dispute Arbitration Commission issued the minutes of the meeting on issues related to the trial of labour and personnel dispute cases (I).
2. Shanghai Minhang District People’s Court: employers issuing a notice of non-renewal of employment contract upon the expiration of the second employment contract constitutes illegal termination of the employment contract.

China: The Sichuan Provincial Labour and Personnel Dispute Arbitration Commission Issued the Minutes of the Meeting on Issues Related to the Trial of Labour and Personnel Dispute Cases (I)

On 10 March 2025, the Sichuan Provincial Labour and Personnel Dispute Arbitration Commission issued the Minutes of the Meeting on Issues Related to the Trial of Labour and Personnel Dispute Cases (I), clarifying the arbitration standards for work-related injury compensation and the confirmation of employment relationships in new employment forms. » Read More

China: Shanghai Minhang District People’s Court: Employers Issuing a Notice of Non-Renewal of Employment Contract upon the Expiration of the Second Employment Contract Constitutes Illegal Termination of the Employment Contract

On 12 February 2025, Shanghai Minhang District People’s Court has rendered a judgement that employers that issued a notice of non-renewal of employment contract upon the expiration of the second employment contract constitutes illegal termination of the employment contract. » 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. Enhanced job stability for workers with HIV: when does dismissal protection apply?

Colombia: Enhanced Job Stability for Workers with HIV: When Does Dismissal Protection Apply?

In Colombia, extensive case law protects workers from discrimination, particularly those suffering from catastrophic illnesses. Within this legal framework, debates have emerged around "reinforced labour stability rulings” and its interpretation, providing extra job security for vulnerable workers whose conditions might hinder their ability to fulfil their duties. » 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. Can inadequate soft skills lead to a lawful termination? Insights from the Czech Supreme Court's ruling.

Czech Republic: Can Inadequate Soft Skills Lead to a Lawful Termination? Insights from the Czech Supreme Court's Ruling

In a recent decision (21 Cdo 3366/2022), the Czech Supreme Court shed light on the limits of employer power when it comes to dismissing employees based on soft skills. The court ruled that inadequate communication or lack of cooperation can justify dismissal if clear evidence is provided. This case has significant implications for both employers and employees in understanding the boundaries of lawful employment practices. » 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. Commission launches Omnibus I package to relax ESG rules.

EU: Commission Launches Omnibus I Package to Relax ESG Rules

In February 2025, the European Commission introduced its first "Omnibus Package," designed to simplify and reduce the administrative burdens related to sustainability reporting and due diligence directives. This package outlines significant amendments to both the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CS3D). These amendments reflect the European Commission’s commitment to maintaining sustainability objectives while reducing administrative burdens. By easing compliance requirements and refining reporting standards, the new framework aims to enhance business competitiveness while ensuring continued progress in environmental and social governance. » 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. French government aims to transpose the EU Pay Transparency Directive by September 2025.
2. The French Ombudsman (Défenseur des Droits) publishes guidelines on internal investigations of sexual harassment and discrimination.
3. Video recordings obtained without employees’ prior notification and personal email may be admitted as evidence in court.
4. Companies have 10 days to challenge the works council’s decision to have recourse to an external expert.

France: French Government Aims to Transpose the EU Pay Transparency Directive by September 2025

EU Member States have until 7th June 2026 to transpose the EU Pay Transparency Directive. The French Ministry of Labour has announced their intention to transpose it into French law by September 2025. » Read More

France: The French Ombudsman (Défenseur des Droits) Publishes Guidelines on Internal Investigations of Sexual Harassment and Discrimination

On 6 February 2025, the French Ombudsman, an independent authority that has investigative powers on discrimination complaints published guidelines on how companies should investigate sexual harassment and discrimination complaints. » Read More

France: Video Recordings Obtained Without Employees’ Prior Notification and Personal Email may be Admitted as Evidence in Court

In 2 rulings last 26 February 2025, the French Supreme Court decided that a video recording made without an employee’s prior notification and an employee’s personal emails, while in principle inadmissible because they violate employees’ right to privacy, could be admitted as evidence in court if it was indispensable to the company’s right to protect its confidential business information. » Read More

France: Companies Have 10 Days to Challenge the Works Council’s Decision to have Recourse to an External Expert

On 5 February 2025, the French Supreme Court ruled that companies seeking to challenge their Works Council’s decision to nominate an external expert must do so within 10 days, such time period starting to run from the day after the Works Council’s decision. » 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. German Federal Labour Court confirms that belated setting of targets for a variable remuneration can trigger compensation claims of the affected employees.
2. German Federal Labour Court confirms that dismissed employees generally do not act in bad faith if they do not look for a new job during a garden leave in their notice period, and employers are, hence, not allowed to stop salary payments in these cases.
3. Amendments to the German Maternity Protection Act (Mutterschutzgesetz).

Germany: Compensation Claims of Employees if Targets for Variable Remuneration are Set too Late

The Federal Labour Court has confirmed a previous ruling of the Cologne Higher Labour Court (on which we reported in the March 2024 Employment Law Tracker). According to the Federal Labour Court, if the employer culpably breaches its obligation under the employment contract to set the employee targets for a variable remuneration in good time for a target period, this generally entitles the employee to claim damages in accordance with Sections 280 (1), (3), 283 of the German Civil Code if a subsequent target setting can no longer fulfil its motivational and incentive function. » Read More

Germany: German Federal Labour Court Confirms Salary Entitlement of Dismissed Employees on Garden Leave Despite Lack of Job Search Efforts

If an employer terminates an employee's employment relationship and releases him from his work obligations until the end of the notice period, he cannot expect the employee to make an effort to enter into a new employment relationship before the end of the notice period. The employer may not suspend payment of remuneration on the grounds that the employee has maliciously failed to earn money elsewhere. » Read More

Germany: Amendments to the German Maternity Protection Act (Mutterschutzgesetz)

On 30th January 2025, the German parliament (Bundestag) decided to introduce staggered maternity protection periods after a miscarriage from the 13th week of pregnancy. » 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.

Hungary: Key Issues

1. Daily and weekly rest time conundrum in Hungary after the CJEU’s ruling.

Hungary: Daily and Weekly Rest Time Conundrum in Hungary After the CJEU’s Ruling

Following the CJEU's decision and subsequent Hungarian Supreme Court rulings, it became clear in 2024 that Hungarian law did not comply with the EU Working Time Directive regarding daily and weekly rest periods. This realisation was partly driven by mass litigation initiated by railway workers who challenged the collective agreement's provisions on rest periods. » Read More

For more information on these articles or any other issues involving labour and employment matters in Hungary, please contact Zsofia Olah (Counsel) of OPL at zsofia.olah@opl.hu or visit https://www.opl.hu/.

India: Key Issues

1. Any unwelcome behaviour at the workplace amounts to sexual harassment irrespective of the intent.

India: Any Unwelcome Behaviour at the Workplace Amounts to Sexual Harassment Irrespective of the Intent

In a judgement by the Madras High Court held that any unwelcome or inappropriate behaviour at the workplace amounts to sexual harassment under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 irrespective of the respondent’s intent. » 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. A look at the EU Artificial Intelligence (AI) Act, its Impact on employers and what they can do to prepare.

Ireland: A Look at the EU Artificial Intelligence (AI) Act, its Impact on Employers and What They Can do to Prepare

The EU Artificial Intelligence (AI) Act is an EU regulation that came into force in August 2024. Its provisions are being phased in over the next two years across EU Member States. This will have a significant impact on employers who utilise AI systems as part of their human resource practices. » 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. The distinction between genuine service agreements and unlawful supply of workforce.

Italy: The Distinction Between Genuine Service Agreements and Unlawful Supply of Workforce

According to the Court of Catanzaro ruling dated 10 December 2024, the service agreement is not authentic when the service provider does not have any substantial organisational autonomy since the directive/organisational powers over the employees and the work, including the disciplinary power, are exercised by the client company. In this case, the Judge can establish the existence of an employment relationship between the service provider’s employees and the client company. » 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. Amendments to the Housing Fund Law “INFONAVIT."

Mexico: Amendments to the Housing Fund Law “INFONAVIT”

The recent amendment to Article 29 of the Housing Fund Law “INFONAVIT” imposes new financial burdens on employers by requiring them to continue making loan instalment payments to INFONAVIT even when employees are absent or on medical leave. This change could result in significant, unrecoverable costs for businesses. » 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. 

Norway: Key Issues

1. Proposal to abolish company-specific age limits.

Norway: Proposal to Abolish Company-Specific Age Limits

Under the Working Environment Act, an employer may legally terminate an employment relationship when the employee reaches the age of 72, without requiring any further justification. » 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. Ex-Gratia payment in mutual separation agreements and its legal implications.

Philippines: Ex-Gratia Payment in Mutual Separation Agreements and its Legal Implications

Before proceeding to the concept of ex-gratia payments, it bears recalling what is Mutual Separation Agreements (“MSAs”) within the Philippine law landscape. Although not provided for under the Philippine Labour Code nor specifically ruled upon by the Supreme Court, MSAs find legal basis in Philippine law under the consensuality and mutuality principle in contracts. In the case of Saura Import and Export Co., Inc., vs. Development Bank of the Philippines, G.R. No. L-249968, 27 April 1972, the Philippine Supreme Court articulated the principle of mutuo desenso or otherwise known as mutual desistance as a valid mode of extinguishing contracts. The Supreme Court recognized that mutuo desenso is a concept that derives from the principle that since mutual agreement can create a contract, mutual disagreement by the parties can cause its extinguishment. As such, an MSA for all intents and purposes is recognized as a valid approach in terminating employer-employee relations by mutuo desenso. When parties to a contract thereby agree to sever ties through a contractual agreement, rigors of substantive and procedural due process under the labour code may be effectively dispensed with. » 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. New regulation on additional maternity leave for parents of premature babies and parents of babies requiring extended hospitalisation after birth came into force on 19th March.

Poland: New Regulation on Additional Maternity Leave for Parents of Premature Babies and Parents of Babies Requiring Extended Hospitalisation After Birth Came into Force on 19th March

The new amendment to the Labour Code includes a new parental right for parents and caregivers of babies born prematurely and babies requiring extended hospitalisation after birth. Upon  their request, the parents or caregivers shall be granted an additional maternity leave up to 8 or up to 15 weeks, respectively (depending on the medical condition of the baby and the length of their hospital stay). » Read More

For more information on these articles or any other issues involving labour and employment matters in Poland, please contact Prof. Arkadiusz Sobczyk (Partner) of Sobczyk & Partners Law Firm at arkadiusz.sobczyk@sobczyk.com.pl or visit www.sobczyk.com.pl.

Spain: Key Issues

1. New minimum Interprofessional Salary (SMI) in Spain for 2025.

Spain: New Minimum Interprofessional Salary (SMI) in Spain for 2025

The Minimum Interprofessional Salary (SMI) has been a fundamental reference to guarantee a minimum remuneration for employees. However, its evolution and the tax implications it carries can sometimes give rise to controversy. » 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 rules on the dismissal of a Police Inspector following security screening failure.

Sweden: The Swedish Labour Court Rules on the Dismissal of a Police Inspector Following Security Screening Failure

In a recent ruling, the Swedish Labour Court determined that objective reasons justified the dismissal of a police inspector. The decision was based on a series of misconducts, including associations with individuals facing criminal charges, which collectively breached the inspector's employment obligations. Despite receiving formal reprimands and undergoing security interviews, the police inspector´s conduct failed to improve, and reassignment was deemed unreasonable. » 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. The Swiss reference letter: a balancing act between legal obligation, digitalisation and dispute trigger.

Switzerland: The Swiss Reference Letter: A Balancing Act Between Legal Obligation, Digitalisation and Dispute Trigger

Swiss labour law grants employees the right to demand a reference letter from their employer at any time. In practice, however, it is common for every employee who leaves the company to receive a reference letter even without demanding. This is the result of the high value directly linked to reference letters during recruiting processes, including the requests for reference letters to be part of a job searchers portfolio as well as the undeniable Swiss hyper fixation of employees and employers to dissect and interpret reference letters like a poem, looking for hidden meanings and secret codes. It is, therefore, not surprising that many labour disputes revolve around the wording of reference letters. The following article is intended to outline both the legal requirements for a reference letter as well as possible dispute triggers, and how to navigate the topic of the reference letter with more ease. » 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. Constructive unfair dismissal: Breach of implied term of trust and confidence.
2. Unfair dismissal: Job application information.
3. Employment Rights Bill: Amendments to Bill and responses to consultations.
4.  April changes:  New employment rights and rates increases.
5. Workplace culture: Remote and hybrid working.

United Kingdom: Constructive Unfair Dismissal: Breach of Implied Term of Trust and Confidence

An employment tribunal has ruled that an employee was constructively dismissed after their perceived demotion. » Read More

United Kingdom: Unfair Dismissal: Job Application Information

The EAT has ruled that an employee who failed to disclose a previous gross misconduct dismissal on his application form was fairly dismissed. » Read More

United Kingdom: Employment Rights Bill: Amendments to Bill and Responses to Consultations

The UK government has introduced significant changes to the Employment Rights Bill and published the results of its recent consultations. » Read More

United Kingdom: April Changes:  New Employment Rights and Rates Increases

We set out the new statutory rates that come into effect in April 2025, as well as the new right to paid neonatal care leave which applies in relation to babies born on or after 6 April 2025. » Read More

United Kingdom: Workplace Culture: Remote and Hybrid Working

The House of Lords Committee on Home-based Working has published a call for written evidence for its inquiry into the effects and future development of remote and hybrid working in the UK. » 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. DEI injunction falls, for now: 4th circuit allows Trump Administration Agencies to enforce EOs.
2. Make America healthy again: new Executive Order revisits group health plan price transparency.
3. USCIS issues regulation requiring alien registration.

USA: DEI Injunction Falls, For Now: 4th Circuit Allows Trump Administration Agencies to Enforce EOs

A three-judge panel of the U.S. Court of Appeals for the Fourth Circuit on March 14, 2025, granted the Trump Administration’s motion to stay enforcement of the district court’s preliminary injunction against President Donald Trump’s enforcement of aspects of executive orders (EOs) that ban “illegal” diversity, equity, and inclusion (DEI) programs. National Association of Diversity Officers in Higher Education, et al. v. Trump, et al., No. 25-1189. » Read More

USA: Make America Healthy Again: New Executive Order Revisits Group Health Plan Price Transparency

On February 25, 2025, President Trump signed “Making America Healthy Again with Clear, Accurate, and Actionable Healthcare Pricing Information,” an Executive Order with the stated purpose of making group health plans and health insurance issuers accountable for compliance with price transparency rules implemented during the first Trump administration. » Read More

USA: USCIS Issues Regulation Requiring Alien Registration

On March 12, 2025, USCIS issued an Interim Final Regulation (IFR) designating a new registration form to comply with statutory alien registration and fingerprinting provisions. The IFR goes into effect on April 11, 2025. » 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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