Argentina: Key Issues

1. New Argentine Citizenship by Investment Program.

Argentina: New Argentine Citizenship by Investment Program

On July 31, 2025, Executive Order No. 524/2025 issued by the President was published, which enables foreign nationals who make “significant investments” in Argentina to directly apply for citizenship. The Ministry of Economy will determine which investments qualify as “significant,” while the Citizenship by Investment Program Agency will be responsible for administering the application process. » Read More

For more information on these articles or any other issues involving labour and employment matters in Argentina, please contact Nicolás Grandi (Partner) of Allende & Brea at ngrandi@allende.com or visit www.allende.com.

Australia: Key Issues

1. Employers operating in Australia should be aware of the regulator’s capacity to intervene in their change management decisions if the mental health of employees is not properly addressed.
2. Record compensation for sexual harassment claim, upward trend of significant award of general damages in sexual harassment matters. 
3. Annualized salaries, record keeping obligations, contractual set-off of wage entitlements. 

Australia: SafeWork Orders Temporary Pause on Redundancies Due to Psychological Risk

SafeWork, NSW’s safety regulator, issued a ‘prohibition notice’ to the University of Technology Sydney, causing it to have to pause its plans to make hundreds of staff redundant. While the prohibition notice has since been lifted, the intervention of SafeWork in this process highlights the increasing importance of preventing psychological harm and proactively protecting the psychosocial safety of employees in Australia. » Read More

Australia: Upward Trend in Significant Damages Awarded in Sexual Harassment Decisions Continues

Recently, the Federal Court of Australia awarded one of the highest general damages payouts in a sexual harassment claim, demonstrating the need for organisations to take positive and proactive steps to eliminate sexual harassment in their workplace.

In light of the recent upward trend in substantial compensation awards being ordered in sexual harassment matters, the decision highlights the importance of employers mitigating the risk of being held vicariously liable for the inappropriate conduct of their workers. » Read More

Australia: Set-off Not Cure-all in Massive Woolworths & Coles Underpayment

The Federal Court has condemned the use of contractual set-off clauses and contractual annualised salary arrangements relied on by Australia’s largest supermarkets, finding that pooling overpayments over multiple pay periods, and failing to track overtime and penalty loadings as a result, is unlawful. This has significant implications for many employers who have similar arrangements. The retailers could be facing more than $1 billion in total underpayment remediation after the Federal Court ruled that they had underpaid nearly 30,000 salaried managers over several years. » 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. Upcoming Act on key amendments to labour law.

Belgium: Upcoming Act on Key Amendments to Labour Law

This summer, the Belgian federal government reached an agreement introducing a series of significant labour law reforms. This political agreement was translated into a draft act on diverse provisions. These measures aim to encourage workforce participation and support more flexible employment. Below, we give an overview of the main elements of this draft act. This draft act is not yet submitted to parliament. It is expected that it will be approved and enter into force before the end of the year. » 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. The Federal Supreme Court schedules public hearing to discuss the legality of hiring independent contractors.
2. New law establishes that public companies, mixed-capital companies, their subsidiaries, and controlled companies must have at least 30% women on their boards of directors.

Brazil: The Federal Supreme Court Schedules Public Hearing to Discuss the Legality of Hiring Independent Contractors

The Federal Supreme Court has scheduled a public hearing for October 6, 2025 regarding the legality of hiring independent contractors as either self-employed workers or through their legal entities. » Read More

Brazil: New Law Establishes that Public Companies, Mixed-capital Companies, Their Subsidiaries, and Controlled Companies Must Have at least 30% Women on their Boards of Directors

Law No. 15.177/2025, enacted on July 24, 2025, establishes that public companies, mixed-capital companies, their subsidiaries, and controlled companies must have at least 30% women on their boards of directors. This law is part of a public policy aimed at promoting diversity and gender equity. » 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. Nova Scotia termination clause struck down for referencing “Severance Pay”.
2. Ontario Superior Court upholds “at any time” termination clause “post-Dufault”.
3. Demotion and pay-cut results in constructive dismissal and bad faith damages.
4. “At any time” clause found unenforceable again.
5. Performing other work on company time? How employers can protect against moonlighting.

Canada: Nova Scotia Termination Clause Struck Down for Referencing “Severance Pay”

In Brocklehurst v Micco Companies Limited, 2025 NSSC 192 (“Micco”), the Court held that the Applicant’s termination clause found in their employment agreement with the Respondent was ambiguous and therefore unenforceable. The clause failed to effectively limit the Applicant’s entitlements upon termination to only his statutory minimum amounts pursuant to the Nova Scotia Labour Standards Code, while also making reference to “severance pay,” which is not defined in the legislation. As a result, the employee was entitled to common law reasonable notice. The decision in Micco re-iterates the importance of clear, unambiguous termination language in employment contracts, as well as the need to tailor employment agreements to the jurisdiction in which an employee performs services. » Read More

Canada: Ontario Superior Court Upholds “At Any Time” Termination Clause “Post-Dufault”

A recent decision from the Ontario Superior Court of Justice has upheld the enforceability of a termination clause which contained the phrase “at any time”. The clause limited the employee’s entitlement at termination to one week of salary and benefits – the employee’s minimum entitlements under the Employment Standard Act, 2000 (the “ESA”). » Read More

Canada: Demotion and Pay-Cut Results in Constructive Dismissal and Bad Faith Damages

In McFarlane v. King Ursa Inc., 2025 ONSC 3553, the Superior Court awarded a former employee (the “Employee”) more than $290,000 in damages in respect of constructive dismissal as well as $40,000 in bad faith damages. The Employee held an important position with her Employer, but was ordered to take a pay-cut and demoted upon her return from maternity leave. 

The Court’s findings in this case may be valuable for employers contemplating demotions, particularly if financial uncertainty is the basis for the same. In particular, the Court’s conclusions could inform employers on how to communicate such decisions and may also help limit liability if an employer intends to alter the terms and conditions of an employee’s employment without their consent. » Read More

Canada: “At Any Time” Clause Found Unenforceable…Again

In the recent decision Chan v NYX Capital Corp., 2025 ONSC 4561 (“NYX”), the Ontario Superior Court of Justice once again found that a termination clause using the phrase “at any time” violated the Employment Standards Act, 2000 (the “Act”), rendering it unenforceable. This decision follows the Court’s reasoning in Dufault v The Corporation of the Township of Ignace, 2024 ONSC 1029 (“Dufault”) and Baker v Van Dolder’s Home Team Inc., 2025 ONSC 952 (“Baker”), which similarly rejected an employer’s ability to terminate someone’s employment “at any time” and “for any reason”. » Read More

Canada: Performing Other Work on Company Time? How Employers Can Protect Against Moonlighting

In recent months, a Silicon-Valley software engineer has made the news after it was discovered he had been “moonlighting” simultaneously for different tech start-up companies by performing multiple full-time jobs and purportedly working up to 20 hours per day. 

“Moonlighting” refers to an employee who works a second (or more) job(s) in addition to their regular employment. In most cases, employees “moonlight” by having part-time employment or self-employment outside of their regular duties, rather than multiple full-time jobs. While moonlighting in and of itself is not strictly illegal in most cases, employers are justifiably concerned about whether the employees they hire will dedicate their working time and effort to the job they were hired to perform.  

In this article, we explore how an employer can manage the risk of employee moonlighting via contract and how to identify and address potential moonlighting. » 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. Misuse of medical leave and disciplinary dismissal. 

Chile: Misuse of Medical Leave and Disciplinary Dismissal

Recent decisions from Chilean Courts of Appeal show conflicting interpretations regarding the misuse of medical leave and whether it justifies dismissal under Article 160 No. 7 of the Labour Code. While Antofagasta Court approved the dismissal of a worker who travelled to Easter Island during medical leave, considering this a serious breach of contractual obligations and of the duty of good faith; Santiago Court rejected the dismissal of a worker who travelled to Spain during medical leave, on the basis that the employment relationship was suspended during the leave, therefore, no breach of contract can be claimed. » 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. Supreme People’s Court issued their Interpretation (II) on several issues concerning the application of law in the trial of labour dispute cases.
2. Any agreement to waive or not contribute to social insurance is invalid, and employees who terminate the employment contracts on this ground are entitled to request statutory severance from their employers.
3. Shanghai: issued circular on implementing social insurance subsidies for employers during maternity leave and additional childcare leave for female employees.
4. Typical cases on protecting the rights of employees in new forms of employment.

China: Supreme People’s Court Issued their Interpretation (II) on Several Issues Concerning the Application of Law in the Trial of Labour Dispute Cases

On August 1, 2025, the Supreme People’s Court held a press conference at its All-Media Press Centre to formally release the Interpretation (II) of the Supreme People’s Court on Several Issues Concerning the Application of Law in the Trial of Labour Dispute Cases, with six illustrative cases. » Read More

China: Any Agreement to Waive or Not Contribute to Social Insurance is Invalid, and Employees Who Terminate the Employment Contracts on This Ground are Entitled to Request Statutory Severance from Their Employers

On August 1, 2025, the Supreme People’s Court released six new typical cases of labour disputes, aligning with the Interpretation II. Among these rulings, the Supreme People’s Court explicitly affirmed that any agreement between employers and employees to waive social insurance contributions is legally invalid.  Even if an employee has signed such a waiver, they retain the right to terminate their employment and claim severance pay on the grounds of the employer’s failure to fulfil social insurance obligations. » Read More

China: Shanghai: Issued Circular on Implementing Social Insurance Subsidies for Employers During Maternity Leave and Additional Childcare Leave for Female Employees

On August 8, five departments in Shanghai jointly issued the Circular on Implementing Social Insurance Subsidies for Employers During Maternity Leave and Additional Childcare Leave for Female Employees. It aims to explore and establish a mechanism for employers to share the costs of female employees’ childbearing and promote high-quality and full employment for women. » Read More

China: Typical Cases on Protecting the Rights of Employees in New Forms of Employment

The Supreme People’s Court released typical cases on protecting the rights of employees in new forms of employment, clarifying that determining the existence of an employment relationship between enterprises and online platform truck drivers shall require a substantive review based on actual working practices. This comprehensive assessment considers factors such as whether the enterprise exercises managerial control over drivers through reward and penalty systems, whether drivers retain autonomy in selecting transportation tasks and setting prices, whether compensation constitutes their primary income source, and whether the services provided form an integral part of the enterprise’s business. Where factual employment arrangements and dominant managerial control are present, an employment relationship shall be legally established. » 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. Guidelines for implementing apprenticeship contracts under the 2025 labour reform.

Colombia: Guidelines for Implementing Apprenticeship Contracts under the 2025 Labour Reform

As outlined in our previous issue, Law 2466 of 2025 (Labour Reform) establishes the employment status of apprenticeship contracts. 

Accordingly, the Ministry of Labour, through External Circular No. 0083 of July 18, 2025, has issued guidelines for the interpretation and enforcement of Article 21 of Law 2466 of 2025, which governs the new apprenticeship contract. Below are the key considerations for the application of this law in relation to existing contracts, payments, social security, labour rights, and employer obligations. » 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. Combating disguised employment in the Czech Republic: legal insights and potential sanctions.
2. Termination of employment due to gross breach of duties.

Czech Republic: Combating Disguised Employment in the Czech Republic: Legal Insights and Potential Sanctions

With the new Act on the Uniform Monthly Employer Report and the Financial Administration’s intent to strengthen cooperation with the Labour Inspectorate, Czech employers are once again reminded of the risks associated with concealing dependent work in a commercial relationship. » Read More

Czech Republic: Termination of Employment Due to Gross Breach of Duties

The Supreme Court of the Czech Republic delivered a judgement on 3 March 2025 (Case No. 21 Cdo 816/2024) that contributed to the topic of assessing the level of intensity of an employee's breach of duties. The case concerned a well-regarded employee who missed a shift despite being denied leave, raising significant questions about what constitutes a justifiable reason for termination — issues not always clearly resolved just through broadly formulated statutory provisions. » 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. Decisive criteria in determining the Social Security System: CJEU opts for clarity in Hakamp ruling.

European Union: Decisive Criteria in Determining the Social Security System: CJEU opts for Clarity in Hakamp Ruling

The Hakamp judgement (C-203/24) of 4 September 2025 contains the response of the Court of Justice of the European Union (CJEU) to a preliminary ruling referred by the Supreme Court of the Netherlands. » 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. Employees who fall ill during their holidays can claim additional days off.
2. Holidays must be counted to calculate overtime.
3. The works council must be consulted on the use of AI in the workplace.
4. Employees can be terminated for serious misconduct during a mutual termination procedure.

France: Employees Who Fall Ill During Their Holidays Can Claim Additional Days Off

The French Supreme Court rules that if employees fall ill during their holidays, their sick leave suspends their holiday, and such days cannot be deducted from their holiday entitlement. » Read More

France: Holidays Must be Counted to Calculate Overtime

The French Supreme Court rules that holidays must be included when calculating whether an employee worked more than 35 hours per week and therefore is entitled to overtime. » Read More

France: The Works Council Must be Consulted on the Use of AI in the Workplace

As the second phase of the AI Act has entered into force in August, the French Courts are setting rules with regards the introduction of AI-based tools in the workplace. » Read More

France: Employees Can be Terminated for Serious Misconduct During a Mutual Termination Procedure

The French Supreme Court rules that employees can be terminated for serious misconduct during a mutual termination procedure but that they may, nevertheless, be entitled to receive their mutual termination indemnity. » 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. Special protection against dismissal for initiators of a works council election only applies after six months of employment.
2. The evidential value of a certificate of incapacity for work issued outside the EU is generally equivalent to a German certificate, but may be undermined by an overall assessment of the circumstances.

Germany: No Special Protection Against Dismissal for Employees Who Initiate a Works Council Election During the First Six Months of Their Employment

Employees who initiate a works council election in the establishment they are employed in are only granted special protection against dismissal after at least six months of continuous employment. » Read More

Germany: Evidential Value of a Certificate of Incapacity for Work Issued Outside the EU

A sick note issued in a country outside the EU generally has the same evidential value as a sick note issued by a doctor in Germany. However, its evidential value may be undermined by the overall circumstances. » 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. SEBI mandates digital accessibility for all regulated entities.

India: SEBI Mandates Digital Accessibility for all Regulated Entities

On July 31, 2025, the Securities and Exchange Board of India (“SEBI”) issued a circular requiring regulated entities to comply with digital accessibility standards for the ease and benefit of persons with disabilities. » 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. Legal challenges and legislative change in Ireland’s retirement age framework.
2. Ireland fined €1.54 million by the Court of Justice of the European Union.
3. Primary school teacher told to enjoy “every moment” at home with baby during interview awarded €85,000.
4. New bill published that will enhance protections of employees of insolvent firms if enacted.

Ireland: Legal Challenges and Legislative Change in Ireland’s Retirement Age Framework

A new Employment (Contractual Retirement Ages) Bill 2025 is progressing through the stages of Government towards being signed into law.  At present, the State Pension Age in Ireland is 66. Once enacted, the Bill will permit employees who are subject to contractual retirement ages below the State Pension Age of 66 to notify their employer that they do not consent to retirement at the contractual retirement age. » Read More

Ireland: Ireland Fined €1.54 million by the Court of Justice of the European Union 

The Court of Justice of the European Union (“CJEU”) has fined Ireland €1.54 million to be paid as a lump sum for its delay in implementing the EU Work-Life Balance Directive. » Read More

Ireland: Primary School Teacher Told to Enjoy “every moment” at Home With Baby During Interview Awarded €85,000 

The Irish Workplace Relations Commission (the “WRC”) recently found that a teacher who was on maternity leave was discriminated on the grounds of family status by the board of management of a primary school in Ireland. » Read More

Ireland: New Bill Published that Will Enhance Protections of Employees of Insolvent Firms if Enacted

The Protection of Employees (Employers’ Insolvency) (Amendment) Bill 2025 (the “Bill”), if enacted, will provide greater protection to employees in circumstances where their employer becomes insolvent. » 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 www.byrnewallaceshields.com/.

Italy: Key Issues

1. New intervention by the Constitutional Court against the Jobs Act on the maximum cap of six months’ salary in cases of unlawful dismissals for employers with fewer than fifteen employees.

Italy: New Intervention by the Constitutional Court Against the Jobs Act on the Maximum Cap of Six Months’ Salary in Cases of Unlawful Dismissals for Employers with Fewer than Fifteen Employees

The Constitutional Court - with ruling no. 118 of 2025 - declared that Article 9, paragraph 1 of Legislative Decree No. 23/2015 is unconstitutional where it provides that compensation for unlawful dismissal in smaller companies “may not in any case exceed the limit of six months’ salary.” The differentiated regime applicable to undertakings under the threshold of fifteen employees - i.e. indemnity reduced in respect to those applying to companies with more than fifteen employees - does not preclude the judge from assessing the specific circumstances of each individual case, while the statutory ceiling of six months’ salary does not ensure “effective deterrence,” is not proportionate to the harm suffered by the employee and does not give proper consideration of the particular features of each case. » 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. New labour initiatives submitted to Congress.

Mexico: New Labour Initiatives Submitted to Congress

On August 6, 2025, three bills were introduced to amend the Federal Labour Law aiming to: (i) grant paid monthly leave to parents or legal guardians of persons with disabilities for medical or educational purposes; (ii) provide five working days of paid bereavement leave for the death of close relatives; and (iii) extend daily breastfeeding breaks to one hour, establishing mandatory workplace conditions for lactation facilities, with non-compliance subject to monetary fines. » 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. Which bonuses should be included when calculating the statutory transition payment?
2. Simplified long-term sickness benefit assessment for employees over 60 continues.

The Netherlands: Which Bonuses Should be Included When Calculating the Statutory Transition Payment?

When an employer terminates an employment contract, Dutch labour law requires the payment of a statutory transition payment (in Dutch: transitievergoeding) equal to one-third of a monthly salary for each year of service. This also includes variable pay during the so-called reference period. For bonuses, the past three years are considered, and for commissions, the twelve months preceding the termination.

A recent court ruling clarified whether bonuses should be calculated based on amounts paid or amounts earned during the reference period. The Central Board of Appeal ruled that bonuses and commissions earned during the reference period must be included, regardless of when they were paid. » Read More

The Netherlands: Simplified Long-term Sickness Benefit Assessment for Employees Over 60 Continues

As of September 1, 2025, the UWV reintroduces the ‘Simplified WIA assessments’ for people aged 60 and over. This scheme makes the application process for WIA benefits easier and quicker. Read this article for more information on the definition of WIA benefits, the details of the simplified application process, and the reason behind the implementation. » 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 – no obligation to consider reassignment in summary dismissal cases.

Norway: New Ruling from the Supreme Court – No Obligation to Consider Reassignment in Summary Dismissal Cases

In a brand-new judgement (HR-2025-1687-A), the Supreme Court has clarified that employers are not obligated to consider reassignment of employees in cases of summary dismissal.  The ruling provides important clarification for employers handling serious personnel matters. » 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. The employment law landscape after Aragones vs. Alltech: if an employment contract is perfected by consent, when should probationary periods be deemed to begin and end?

Philippines: The Employment Law Landscape After Aragones vs. Alltech: If An Employment Contract Is Perfected By Consent, When Should Probationary Periods Be Deemed To Begin and End?

The Philippine Supreme Court’s decision in Aragones vs. Alltech Biotechnology Corporation, G.R. No. 251736, 2 April 2025 (“Alltech”) is a watershed in Philippine jurisprudence. In that case, the Supreme Court reaffirmed that an employment contract is perfected based on consent and, thus, begins as soon as an employment offer is accepted by the prospective employee. This remains true even if the parties had agreed that the employee will not immediately start work, but only on a later date (perhaps, even months) after the employee had accepted the job offer. It also clarified for the first time the difference in legal effect between suspensive conditions versus suspensive periods in the context of employment contracts. » 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. Maternity benefits in the event of miscarriage.
2. Strengthening the position of the National Labour Inspectorate.
3. Short-time Work Program.

Poland: Maternity Benefits in the Event of Miscarriage

Since 6 August 2025, it is now much easier to obtain maternity benefits after the loss of a child. » Read More

Poland: Strengthening the Position of the National Labour Inspectorate

On September 1, 2025, a draft law was published to amend the Act on the National Labour Inspectorate and certain other acts. » Read More

Poland: Short-time Work Program

A short-time work pilot program has been launched in Poland. Various models are planned for testing reducing the number of working days per week, reducing the number of working hours on individual days, additional days off per month or granting additional days off in the form of annual leave and other ideas proposed by employers. » 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 publication by the Spanish Constitutional Court.

Spain: New Publication by the Spanish Constitutional Court

On September 10, 2025, the Constitutional Court published information note no. 68/2025. This publication anticipates the future ruling on a case brought before Labour Court No. 6 of Las Palmas de Gran Canaria (No. 64/2022), relating to a dismissal wherein the employee claimed that it was null and void, arguing that the termination was solely motivated by an internal complaint that he had made. » 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. Inquiry report proposes formalising the “LAS age” as a legal term and aligning it with the Swedish target retirement age.

Sweden: Inquiry Report Proposes Formalising the “LAS age” as a Legal Term and Aligning it with the Swedish Target Retirement Age

The “LAS age” (Sw. LAS-åldern) is not currently a formal legal term but refers to the age up to which employees are entitled to remain in employment with full employment protection under the Swedish Employment Protection Act (Sw. lag 1982:80 om anställningsskydd). This age is currently set at 69 years. A recent government Inquiry proposes introducing the LAS age as a legal term in the Employment Protection Act, and setting it at two years beyond the target retirement age (Sw. riktålder för pension). The legislative amendments are proposed to enter into force on 1 July 2026. » 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. Federal Supreme Court clarifies practice in connection with post-contractual non-competition clauses and compensation for non-competition (BGer 4A_5/2025 from June 26th, 2025) and a look at a common subject of dispute: payment of restricted stock units only if employment relationship is intact.

Switzerland: Federal Supreme Court Clarifies Practice in Connection with Post-Contractual Non-Competition Clauses and Compensation for Non-Competition (BGer 4A_5/2025 from June 26th, 2025) and a Look at a Common Subject of Dispute: Payment of Restricted Stock Units Only if Employment Relationship is Intact 

An employee resigned after more than 15 years of service for a Swiss employer that is part of an international corporation. The parties had agreed in writing on a post-contractual non-competition clause and compensation for loss of earnings in the employment contract. This prohibited the employee from taking up a position with a competing company for two years after the end of the employment relationship, as well as from becoming self-employed in a competitive manner for the same duration. Compensation for the duration of the post-contractual non-competition clause was agreed between the parties at 50% of the last salary (excluding bonuses). Such a compensation is not mandatory but can be agreed on by the parties. After the resignation, the employer submitted a separation agreement to the employee, which was intended to cancel the post-contractual non-competition clause and the compensation owed. The separation agreement was not concluded, whereupon the employer terminated the non-competition clause and the compensation in writing. As a result, a legal dispute arose between the parties, and ultimately the Federal Supreme Court had to clarify the following points conclusively with the ruling BGer 4A_5/2025 from June 26th, 2025). » 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.

Türkiye: Key Issues

1. Certain notifications required under the Employment Code may now be validly delivered via registered electronic mail, in addition to written notifications.
2. Alternative adjustments regarding weekly rest days has been introduced for employees working in the tourism sector.

Türkiye: Certain Notifications Required under the Employment Code May Now be Validly Delivered via Registered Electronic Mail, in Addition to Written Notifications

Amendments have been made to Article 109 of the Employment Code numbered 4857 through Article 23 of the Law Amending the Law on the Protection of the Value of Turkish Currency, Certain Laws, and Decree Law numbered 635 (the “Amendment Law”), published in the Official Gazette dated 20 July 2025 and numbered 32965. » Read More

Türkiye: Alternative Adjustments Regarding Weekly Rest Days has been Introduced for Employees Working in the Tourism Sector

The Law Amending Certain Laws and Decrees has been published in the Official Gazette dated 14 July 2025 and numbered 32956, and brought an alternative adjustment regarding the weekly rest days of employees working in the tourism sector. » Read More

For more information on these articles or any other issues involving labour and employment matters in Türkiye, please contact Benan Arseven (Partner) of Moroğlu Arseven at barseven@morogluarseven.com or visit www.morogluarseven.com.

United Kingdom: Key Issues

1. Race discrimination: disciplinary action.
2. Disability discrimination: discriminatory unfair dismissal.
3. Failure to prevent fraud offence: In force from 1 September 2025.
4. Employment reforms: update on Non-Disclosure Agreements.
5. Gender Equality Action Plan: government research published.
6. Sexual harassment: when is “during the course of employment”?
7. Automatic unfair dismissal: whistleblowing.
8. Employment Rights Bill update: what’s happening next?
9. “For Women Scotland” Supreme Court decision: repercussions still ongoing.
10. New technical guide on neonatal care leave and pay published.
     

United Kingdom: Race Discrimination: Disciplinary Action

A recent Court of Appeal case highlights how unfairly disciplining an employee could be discriminatory. » Read More

United Kingdom: Disability Discrimination: Discriminatory Unfair Dismissal

An employee who was constructively dismissed while on sick leave for cancer treatment when her employer appointed another employee to her role and misled her about the position was awarded over £1.2 million. » Read More

United Kingdom: Failure to Prevent Fraud Offence: In force from 1 September 2025

A new corporate criminal offence of ‘failure to prevent fraud’ will apply to large employers, making it easier to prosecute employers for economic crime. » Read More

United Kingdom: Employment Reforms: Update on Non-Disclosure Agreements

An update on the latest Government thinking on proposed changes to Non-Disclosure Agreements. » Read More

United Kingdom: Gender Equality Action Plan: Government Research Published

The Government has just published its research: “How to improve gender equality in the workplace: actions for employers” with steps for employers to follow. » Read More

United Kingdom: Sexual Harassment: When is it “during the course of employment”?

A recent case highlights how an employer can be liable for activities linked to employment. » Read More

United Kingdom: Termination of Employment and Share Option Rights 

New case illustrates the importance of only making post termination commitments that the organisation intends to fulfil. » Read More

United Kingdom: Employment Rights Bill: What’s Happening Next?

The Employment Rights Bill has been billed as the biggest shake up of employment rights in a generation – what are the latest developments? » Read More

United Kingdom: “For Women Scotland” Supreme Court Decision: Repercussions Still Ongoing

The Supreme Court’s decision on the meaning of ‘sex’, ‘man’ and ‘woman’ in the Equality Act 2010 continues to have a ripple effect. » Read More

United Kingdom: New Technical Guide on Neonatal Care Leave and Pay Published

The government has published a new technical guide for employers on neonatal care leave and pay. » 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. DOL regulatory roundup: what employers need to know.
2. State Department curtails ‘Third Country National’ appointments for visas.
3. Materiality takes center stage after SCOTUS’ Kousisis decision: implications for DEI and federal contracting.

USA: DOL Regulatory Roundup: What Employers Need to Know

Uncertainty persists as employers navigate federal wage and hour compliance in the second Trump Administration. Several final rules issued by the Department of Labor (DOL) during the Biden Administration have been mired in ongoing litigation. The DOL has signaled a retreat from the defense of these lawsuits and has begun to roll back other regulations. » Read More

USA: State Department Curtails ‘Third Country National’ Appointments for Visas

Employers with workers on employment-based visas, such as H-1B and L-1, could face workforce disruptions after the Department of State (DOS) announced that Non-Immigrant Visa (NIV) applicants should schedule visa interview appointments in their own country of nationality or residence, with limited exceptions, effective Sept. 6, 2025. » Read More

USA: Materiality Takes Center Stage After SCOTUS’ Kousisis Decision: Implications for DEI and Federal Contracting

The materiality of alleged violations of federal fraud statutes, including the False Claims Act (FCA), is expected to increase in importance given a recent U.S. Supreme Court decision and the shifting priorities at the Department of Justice (DOJ) for federal contractors. » 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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