Australia: Key Issues
- Employee unfairly dismissed for seeking alternative employment.
Australia: Employee Unfairly Dismissed for Seeking Alternative Employment
In Taft v Go Home Lifestyle Products [2025] FWC 2014, the Fair Work Commission held that a casual employee was unfairly dismissed after discreetly exploring alternative employment while off-duty. The decision affirms that seeking new opportunities does not amount to serious misconduct in particular circumstances such as here, but underscores that any dismissal must satisfy both the substantive and procedural limbs of fairness required under Australian law. » 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.
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Belgium: Key Issues
- Strict chain liability rules for illegal employment of third-country nationals in Flanders.
Belgium: Strict Chain Liability Rules for Illegal Employment of Third-Country Nationals in Flanders
On 24 October 2025, the Flemish Government approved a Decision introducing a strengthened system of chain liability for the illegal employment of third-country nationals in the Flemish Region. The rules will enter into force on 1 January 2026, with a transitional tolerance period of six months. » 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.
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Canada: Key Issues
- Court confirms promotions don’t always void termination clauses.
Canada: Court Confirms Promotions Don’t Always Void Termination Clauses
In LaPlume v. AAA Internet Publishing Inc., 2025 BCSC 2139 (“LaPlume”), the Supreme Court of British Columbia upheld the enforceability of a termination clause that limited an employee’s notice entitlement to his contractual entitlements, despite multiple promotions and salary increases over almost a decade of service. The Court rejected the employee’s argument that these changes had fundamentally altered the employment relationship and invalidated the original contract. » 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.
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Chile: Key Issues
- Labour directorate issues new opinion regarding lunchtime when reducing the working hours.
Chile: Labour Directorate Issues New Opinion Regarding Lunchtime When Reducing the Working Hours
Chile is currently undergoing the gradual implementation of Law No. 21,561, commonly known as the “40-hour law,” which aims to reduce the statutory weekly working hours from 45 to 40. This process began in April 2024 with a reduction to 44 hours and will continue progressively until reaching 40 hours in 2028. In this context, the next milestone will occur in April 2026, when the workweek will be reduced to 42 hours. To guide this transition, the Labour Directorate issued Opinion No. 745-38. » 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.
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China: Key Issues
- Shanghai: non-renewal after the second of two consecutive fixed-term employment contract constitutes wrongful termination.
- Beijing High People’s Court: employer can terminate if reasonable job change is refused.
China: Shanghai: Non-renewal After the Second of Two Consecutive Fixed-term Employment Contract Constitutes Wrongful Termination
On 24 October 2025, during a publicly livestreamed legal lecture co-hosted by the Shanghai High People’s Court and the Shanghai Federation of Industry and Commerce, the presiding judge publicly affirmed that employers shall enter into an open-term employment contract when an employee requests it after two consecutive fixed-term employment contracts. Failure to do so constitutes wrongful termination, making the employer liable for double statutory severance pay. This marks a major shift in Shanghai’s judicial stance, bringing it in line with the majority of jurisdictions across the country. » Read More
China: Beijing High People’s Court: Employer can Terminate if Reasonable Job Change is Refused
Beijing High People’s Court held that where an employer adjusts an employee’s position due to objective business and operational needs, if such adjustment is consistent with the employment contract, does not reduce the employee’s remuneration, and is reasonable, the employee’s refusal to assume the new position may be deemed a serious violation of labour discipline if it breaches the employer’s rules and regulations. In such circumstances, the employer may lawfully terminate 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.
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Colombia: Key Issues
- Ministry of Labour issues general guidelines on working hours.
Colombia: Ministry of Labour Issues General Guidelines on Working Hours
Through External Circular 0101 of September 22, 2025, the Ministry of Labour outlined the guidelines it considers relevant for interpreting and applying the provisions of Law 2466 of 2025 (Labour Reform) regarding working hours. Although the Circular presents itself as guidance aimed at providing criteria and instructions, it does not appear to have binding effect. Nevertheless, employers should expect the Ministry to review compliance with these guidelines. It is also worth recalling that circulars are not the proper legal mechanism to regulate laws and that the Government’s regulatory authority remains subject to limits, as noted previously in Bulletin No. 28 of 2025. This may give rise to discussions about whether the Ministry has exceeded its powers, potentially leading to administrative actions for annulment or even actions for unconstitutionality. » 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
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Czech Republic: Key Issues
- Employees’ right to strike according to Czech law.
Czech Republic: Employees’ Right to Strike According to Czech Law
The media usually tend to focus on the most dramatic aspects that evoke sympathy in viewers when reporting about employees’ strikes. However, upon further look into relevant legislation, it is clear there are formal legal requirements that trade unions and employees must fulfil so that the right to strike is exercised lawfully and in accordance with the values of a democratic state. » 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.
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European Union: Key Issues
- Minimum Wage Directive survives cliffhanger CJEU ruling.
European Union: Minimum Wage Directive Survives Cliffhanger CJEU Ruling
The CJEU has ruled on Denmark’s challenge to the EU Minimum Wage Directive, confirming its validity but striking down two provisions that interfered with national wage setting powers. The judgement clarifies the limits of EU competence while preserving the Directive’s role in strengthening worker protection across the Union. » 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.
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France: Key Issues
- Additional “baby leave” could soon be voted.
- Change in the social security reference amount.
- Employees have up to 5 years to challenge a settlement agreement.
- Performance evaluation must be based on precise, objective, and pertinent criteria.
France: French Parliament Currently Examining the Possibility for Employees to Benefit up to 4 Extra Months’ Time Off to Look After Newborn Children
The envisaged new “baby leave” would entitle each parent to take an additional 2 months off in addition to the existing maternity and paternity leaves for children born after July 1st 2027. » Read More
France: Social Security Reference Amount will Increase by 2% Starting 1st January 2026
The social security reference amount, which serves for the calculation of various social security contributions and benefits, will increase from 47 100 € to 48 060 € per year (3 925 € to 4 005 € per month) on January 1st, 2026. » Read More
France: French Supreme Court Ruled that Settlement Agreements Signed with Employees can be Challenged for up to 5 Years
The French Supreme Court ruled that the statute of limitation which applies with regards bringing an action challenging the validity of a settlement agreement is 5 years, regardless of whether the settlement agreement related to the performance or termination of the employment relationship. » Read More
France: Performance Evaluation Must be Based on Precise, Objective, and Pertinent Criteria
Evaluating employees’ performance based on their “optimism”, “honesty” or “common sense” is not compliant with French law. » 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.
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Germany: Key Issues
- For the legal presumption of gender-based pay discrimination – which must be refuted by the employer – it is sufficient for the plaintiff employee to demonstrate and, in the event of a dispute, prove that the employer pays a higher salary to a colleague of the other gender who performs the same or equivalent work.
- There is no universal rule that determines the limit of proportionality for the length of an agreed probationary period in a fixed-term employment relationship.
Germany: New Case Law Increases Risks for Employers Regarding Equal Pay Claims Due to Gender Discrimination
If an employee's remuneration is lower than that of a colleague of the other gender who performs the same or equivalent work, this circumstance regularly gives rise to the presumption that this deviation is based on gender. If the employer cannot refute the presumption arising from such a comparison, they are obliged to pay the remuneration that they paid to the colleague used for comparison. » Read More
Germany: Case-by-Case Assessment Instead of Standard Limit: New Case Law on the Permitted Length of an Agreed Probationary Period in Fixed-term Employment Relationships
There is no standard limit for the proportionality of an agreed probationary period in a fixed-term employment relationship within the meaning of Section 15 para. 3 of the German Part-Time and Limited Term Employment Act (Teilzeit- und Befristungsgesetz – TzBfG). Instead, each case must be considered individually, taking into account the expected duration of the fixed term and the nature of the work. » 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.
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Indonesia: Key Issues
- New draft law on human rights addresses manpower rights, labour unions, and gender workplace discrimination.
- Statute of limitation for the submission of industrial dispute claims by employee under Constitutional Court Decision No. 132/PUU-XXIII/2025.
- New guidelines on government assistance for the University Graduate Internship Program.
Indonesia: New Draft Law on Human Rights Addresses Manpower Rights, Labour Unions, and Gender Workplace Discrimination
On 31 October 2025, the Indonesian Government published a new draft of the Law on Human Rights (“Draft Human Rights Law”), which contains several new clauses and/or amendments to previous stipulations on Manpower Rights, Unions, and Gender Workplace Discrimination. » Read More
Indonesia: Statute of Limitation for the Submission of Industrial Dispute Claims by Employee under Constitutional Court Decision No. 132/PUU-XXIII/2025
On 3 September 2025, the Indonesian Constitutional Court issued Constitutional Court Decision No. 132/PUU-XXIII/2025 (herein, referred to as the “Decision”), which has effectively increased the time limit for an employee to challenge his/her termination to the Industrial Relations Court (“IRC”). » Read More
Indonesia: New Guidelines on Government Assistance for the University Graduate Internship Program
The Ministry of Manpower (“MoM”) has issued a new regulation to stimulate the entry of university graduates into the workforce through government-assisted internship programs whilst working with local private companies. The regulation, namely MoM Regulation No. 8 of 2025 on Guideline on the Provision of Government Assistance for the University Graduate Internship Program as lastly amended by MoM Regulation No. 11 of 2025 (“MoM Reg. 8/2025”) addresses the implementation of how the Government will operate the program and manage its financing. » Read More
For more information on these articles or any other issues involving labour and employment matters in Indonesia, please contact Marshall Situmorang (Partner) of Nusantara Legal Partnership at marshall.situmorang@nusantaralegal.com or visit https://nusantaralegal.com/.
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Ireland: Key Issues
- Impending introduction of mandatory pension auto-enrolment in Ireland.
Ireland: Impending Introduction of Mandatory Pension Auto-Enrolment in Ireland
On 1 January 2026, Ireland will introduce the long-awaited pension auto-enrolment scheme known as “My Future Fund.” This scheme will apply to employees aged between 23-60 earning over €20,000 per year who are not already enrolled in a pension scheme. The scheme is designed to support the aging population of Ireland, to try to ensure people can maintain a certain standard of living on retirement. » 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/.
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Italy: Key Issues
- The fifteen-day deadline for revoking dismissal is not linked to why the dismissal has been challenged.
Italy: The Fifteen-Day Deadline for Revoking Dismissal is Not Linked to why the Dismissal has been Challenged
The employer must notify the revocation of the layoff within fifteen days of notification by the employee of the challenge of the dismissal. Once the deadline for revoking the dismissal has expired, for the purposes of reinstating the employment relationship, the general principles of the legal system re-expand and the revocation of the dismissal takes the form of a negotiation proposal subject to the employee's acceptance. » 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/.
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The Netherlands: Key Issues
- The Bill “Admission for the Provision of Agency Workers” adopted by Senate.
- Winner of the 2025 national elections and possible changes to the labour market.
- No study costs clause for mandatory education.
The Netherlands: The Bill “Admission for the Provision of Agency Workers” Adopted by Senate
Starting January 2027, employment agencies will be required to obtain official admission (permit). On January 1, 2028, companies using non-admitted agencies may face fines from the Dutch Labour Inspectorate. » Read More
The Netherlands: Winner of the 2025 National Elections and Possible Changes to the Labour Market
On 29 October 2025, national elections were held in the Netherlands. D66, a progressive-liberal political party, received the most votes and was, therefore, considered the winner of the elections. This article highlights the most notable proposed changes in the election program of D66. » Read Mor
The Netherlands: No Study Costs Clause for Mandatory Education
The Supreme Court has answered preliminary questions regarding the validity of study cost clauses (in Dutch: studiekostenbeding) in connection with the Professional Training for Lawyers (in Dutch: Beroepsopleiding Advocaten). A study cost clause means that, under certain conditions, an employee must reimburse his employer for study costs that the employer has incurred on his behalf. The Supreme Court has ruled that the Professional Training for Lawyers falls under the category of training that is necessary for the performance of the duties of a trainee lawyer. Employers are therefore obliged to enable trainee lawyers to follow this training program and offer it free of charge. » 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.
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Philippines: Key Issues
- Navigating employment dynamics across borders.
Philippines: Navigating Employment Dynamics Across Borders
The rise of virtual work continues to transform the landscape of modern employment. » 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.
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Poland: Key Issues
- Act on collective labour agreements.
- Gender-neutral job titles starting 24 December 2025
Poland: Act on Collective Labour Agreements
On 6 November 2025, the draft Act on Collective Labour Agreements and Collective Arrangements was submitted to the President for signature. Until now, this matter was regulated as part of the Labour Code, but it will be replaced by a separate act, although many existing provisions will be transposed into the new act. » Read More
Poland: Gender-neutral Job Titles Starting 24 December 2025
On 24 December 2025, regulations will come into force requiring employers to use gender-neutral job advertisements and job titles. Employers will also be required to make efforts to ensure that the recruitment process is non-discriminatory. » 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.
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Romania: Key Issues
- Hight Court for Cassation and Justice issued a ruling on uniform interpretation of the interdiction to dismiss employees during medical leave.
- Decisions of the government after tripartite discussions.
Romania: Hight Court for Cassation and Justice Issued a Ruling on Uniform Interpretation of the Interdiction to Dismiss Employees During Medical Leave
The High Court for Cassation and Justice issued Decision No. 18/2025 establishing a uniform interpretation of Article 60 Paragraph 1 letter a) of the Romanian Labour Code, according to which the dismissal of employees cannot be ordered during the period of temporary incapacity for work, established by medical certificate according to the law (during the medical leave). » Read More
Romania: Decisions of the Government After Tripartite Discussions
At the beginning of the month, the Government held tripartite discussions with the union and employer’s federations. After the meeting, it was announced that the parties agreed on rising the maximum amount that can be granted to employees as daily meal tickets from 40 RON (approximately 8 EUR) to 50 RON (approximately 10 EUR). The daily meal tickets have a special fiscal regime and are only partially subject to tax and social contributions making them a usual component of the benefits that the employers grant to their employees. » 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/.
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Sweden: Key Issues
- CJEU partially annuls minimum wage directive after Danish action supported by Sweden.
Sweden: CJEU Partially Annuls Minimum Wage Directive After Danish Action Supported by Sweden
The Court of Justice of the European Union, in an action brought by Denmark and supported by Sweden, partially annulled the Minimum Wage Directive, setting aside provisions on fixed criteria and non‑regression for statutory minimum wages while upholding the remainder. The Court confirmed that the EU may establish procedural frameworks and promote collective bargaining but may not directly determine pay. » 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.
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Switzerland: Key Issues
- When addiction impairs work: Swiss Federal Supreme Court confirms employer salary obligation.
Switzerland: When Addiction Impairs Work: Swiss Federal Supreme Court Confirms Employer Salary Obligation
On 24 October 2025, the Swiss Federal Supreme Court published its decision BGE 4A_221/2025 upholding a ruling of the Cantonal Court of Lucerne and simultaneously clarifying key principles regarding employers’ salary-continuation obligations in case of work incapacity caused by (alcohol) addiction. » 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.
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Türkiye: Key Issues
- Constitutional Court annulled the clause on joint mediation in cases involving a primary employer–subcontractor relationship.
Türkiye: Constitutional Court Annulled the Clause on Joint Mediation in Cases Involving a Primary Employer–Subcontractor Relationship
The Constitutional Court has annulled the rule requiring employees to apply to mediation jointly against both the primary and subcontractor employers concerning reinstatement claims, which compelled employees to identify and include the primary employer before initiating the process; on the grounds that it was unconstitutional. » 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.
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United Kingdom: Key Issues
- Race discrimination: new evidence.
- Employment Rights Bill update.
- Employment Rights Bill: new consultations launched.
- Workplace disputes: Acas early conciliation.
- Collective redundancies: new digital HR1 form.
United Kingdom: Race Discrimination: New Evidence
Employment Tribunal decision overturned following discovery of new evidence in discrimination case. » Read More
United Kingdom: Employment Rights Bill Update
The Employment Rights Bill is in the final phase of the UK parliamentary process. » Read More
United Kingdom: Employment Rights Bill: New Consultations Launched
The UK Government has launched four consultations to gather feedback on four areas of reform. » Read More
United Kingdom: Workplace Disputes: Acas Early Conciliation
The Acas Early Conciliation period is to be increased from six to 12 weeks from 1 December 2025. » Read More
United Kingdom: Collective Redundancies: New Digital HR1 Form
From 1 December employers must use the new digital HR1 form when proposing larger-scale redundancies. » 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.
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USA: Key Issues
- The DOJ bulk data transfer rule: are you subject to it and what does it require?
- DHS announces end of EAD auto-extensions for foreign nationals’ pending renewals.
- California exempt employee wage increases for 2026.
USA: The DOJ Bulk Data Transfer Rule: Are You Subject to It and What Does It Require?
The lengthy and complex “Bulk Data Transfer Rule,” more formally known as the “Rule Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons,” may apply to organizations even if they are not tech giants or data brokers. The wide-ranging federal rule establishing data transfer restrictions regarding sensitive U.S. personal data prohibits certain data transfers and permits others only if they meet certain security requirements. » Read More
USA: DHS Announces End of EAD Auto-Extensions for Foreign Nationals’ Pending Renewals
The Department of Homeland Security (DHS) announced on Oct. 29, 2025, it is ending the practice of USCIS automatically extending validity of employment authorization documents (EADs) of foreign nationals who have timely filed filing renewal applications in certain employment authorization categories. Such foreign nationals will need a formal approval of their renewal application and receipt of a new physical EAD. » Read More
USA: California Exempt Employee Wage Increases for 2026
Each year, California’s minimum wage rises, but along with hourly workers’ wages increasing, so too does the salary threshold for employees to be exempt from overtime. For an employee to be exempt from overtime under California law, their job must fall into a specific exempt category and meet a designated wage rate. » 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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