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We are pleased to present you with the 
L&E Global Employment Law Tracker for May 2026,
our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. 
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Australia • Belgium • Brazil • Canada • Chile • China • Colombia • 
Czech Republic • European UnionFrance • Germany • India • Ireland • Italy • Mexico • Poland • Sweden • 
Türkiye • United Kingdom • United States

Australia: Key Issues

  1. The failure to provide appropriate facilities, flexibility, and policies for mothers can lead to costly, lengthy, and public litigation.

Australia: Employers Punished for Failure to Provide Adequate Facilities for Breastfeeding Mothers Returning to Work

In a recent judgement of the Federal Circuit and Family Court of Australia, the Consulate-General of the United Arab Emirates was ordered to pay an Australian worker almost $205,000 in compensation, penalties, interest and costs for unlawful adverse action taken against a breastfeeding mother returning to the workplace. This case is an important reminder to all employers that the failure to provide facilities for breastfeeding mothers can come at a major financial cost and lead to public and reputationally damaging litigation for employers. » 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

  1. Courts can strike down CBAs If they violate constitutional equality and non-discrimination principles.

Belgium: Courts Can Strike Down CBAs If They Violate Constitutional Equality and Non-Discrimination Principles

In a landmark ruling delivered on 23 March 2026, Belgium's Court of Cassation confirmed that collective bargaining agreements (CBAs), even those elevated to the status of binding law by Royal Decree, can be struck down by courts if they conflict with the constitutional principles of equality and non-discrimination. The case arose from trade union elections in which a sector-level CBA effectively barred an entire category of employees from participating. The Court's decision has significant implications for employers, trade unions, and HR professionals across Belgium. » 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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Brazil: Key Issues

  1. Law No. 15,371/2026 extends paternity leave and establishes paternity pay.
  2. New employer obligations on vaccination awareness and preventive health leave.

Brazil: Law No. 15,371/2026 Extends Paternity Leave and Establishes Paternity Pay

Published on 1 April 2026, Law No. 15,371/2026 provides for the gradual extension of statutory paternity leave and establishes paternity pay within the Brazilian Social Security system. The new framework introduces additional employee protections and requires employers to adapt internal policies and procedures. » Read More

Brazil: New Employer Obligations on Vaccination Awareness and Preventive Health Leave

Law No. 15,377/2026 amends the Labour Code to require employers to disseminate official information on vaccination campaigns and specific diseases, while also granting employees paid leave for preventive medical examinations. » 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.

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Canada: Key Issues

  1. Mitigation under the microscope: court orders employee to produce all mitigation records.
  2. Divisional court reins in early dismissals by the Ontario Human Rights Tribunal.
  3. Vague medical note? Not so fast, says the HRTO.
  4. Ontario proposes expansion of WSIB coverage.
  5. Pay equity maintenance by proxy: new guidance for public sector employers.
  6. Ontario proposes substantive changes to school board governance and collective bargaining.

Canada: Mitigation Under the Microscope: Court Orders Employee to Produce All Mitigation Records

In Handy v. M&C Investments Incorporated2026 ONSC 648 (“M&C Investments”), the Court ordered the plaintiff to produce a better affidavit of documents, finding that the mitigation documents originally produced were insufficient. The Court emphasized the importance of full disclosure and that mitigation is an important issue in many, if not all, wrongful dismissal claims. » Read More

Canada: Divisional Court Reins in Early Dismissals by the Ontario Human Rights Tribunal

In Bokhari v Top Medical Transportation Services, 2026 ONSC 1073, the Ontario Divisional Court set aside a decision of the Ontario Human Rights Tribunal (the “Tribunal”) that dismissed a human rights application at the jurisdictional screening stage without a hearing. The Court held that the Tribunal unreasonably applied a balance of probabilities standard and improperly engaged in a merits analysis without an evidentiary record. The decision signals that the Tribunal’s practice of screening out human rights applications at the jurisdictional screening stage may result in less frequent early dismissals going forward. » Read More

Canada: Vague Medical Note? Not so Fast, Says the HRTO

In this article, we unpack the Tribunal’s recent decision in Baker v. Firon Roofing Inc., 2026 HRTO 292 (“Firon Roofing”), and its implications for the medical documentation required to establish a Human Rights Code-protected disability. » Read More

Canada: Ontario Proposes Expansion of WSIB Coverage

The Government of Ontario has recently announced that it would table legislation that, if passed, would expand both mandatory Workplace Safety and Insurance Board (“WSIB”) coverage to frontline care workers in all privately operated residential care facilities, retirement homes, and group homes. The Government also announced proposed changes that would increase WSIB Loss-of-Earnings (“LOE”) benefits for the first time in nearly 30 years. » Read More

Canada: Pay Equity Maintenance by Proxy: New Guidance for Public Sector Employers

The Ontario Pay Equity Hearings Tribunal (the “Tribunal”) recently issued a significant decision in Glen Hill Terrace Christian Homes Inc v Canadian Union of Public Employees (CUPE) Locals 2225-06/12 and 5110, 2016 CanLII 27172 (ON PEHT) (“Glen Hill”), clarifying how employers must maintain pay equity when their original pay equity plan was established using the proxy method—a common situation in the long term care and broader public sector. » Read More

Canada: Ontario Proposes Substantive Changes to School Board Governance and Collective Bargaining

The Ontario Government has introduced Bill 101, the Putting Student Achievement First Act, 2026, proposing wide-ranging changes to the governance, oversight, and labour relations framework for school boards across the province. If enacted, the legislation will amend several education statutes with the stated goal of strengthening accountability and supporting student outcomes. For school boards, the proposed changes signal a shift toward more centralized oversight and revised leadership structures. » 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

  1. Supreme Court ruling enhances employer rights against medical leave abuse.

Chile: Supreme Court Ruling Enhances Employer Rights Against Medical Leave Abuse

A recent ruling by the Chilean Supreme Court (Case Rol N° 49.746-2024) represents a significant shift in labour law, giving companies a stronger legal framework to tackle the misuse of medical leave. The Court has ruled that employees who participate in activities incompatible with their recovery, such as traveling abroad for leisure while on a total bed rest order, can be legally dismissed for a lack of integrity. This allows employers to terminate the employment contract immediately without the need to provide severance or notice indemnity. » 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

  1. Eight departments issued the implementation plan for accelerating the establishment of the long-term care insurance system.
  2. Termination based on position elimination after merger deemed illegitimate.

China: Eight Departments Issued the Implementation Plan for Accelerating the Establishment of the Long-Term Care Insurance System

On 26 March 2026, the National Healthcare Security Administration, together with seven other departments, issued the Implementation Plan for Accelerating the Establishment of the Long-Term Care Insurance System. It demonstrated enhanced attention to and coverage of long-term care security within China’s social insurance system. » Read More

China: Termination Based on Position Elimination After Merger Deemed Illegitimate

Under Article 40(3) of the Employment Contract Law of People’s Republic of China (the “Employment Contract Law”), an employer may terminate an employment contract if a major change in objective circumstances makes performance impossible and no amendment can be agreed through consultation. In this case, after a merger, the Company terminated Mr. Jiang’s open-ended contract on that ground. The Beijing Third Intermediate People’s Court held that the merger was a business decision rather than a qualifying objective change, so the termination was wrongful. However, because prolonged litigation had destroyed mutual trust, the court found that the employment relationship was no longer suitable for continuation. » 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

  1. Decree 223 of 2026 regulates internships and apprenticeship contracts.

Colombia: Decree 223 of 2026 Regulates Internships and Apprenticeship Contracts

On 5 March 2026, the Ministry of Labour issued Decree 223 of 2026, which regulates internships and student engagement mechanisms, replacing a chapter of Decree 1072 of 2015 (Unified Labour Sector Regulation). » 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

  1. Implementation of the EU Pay Transparency Directive in the Czech Republic.

Czech Republic: Implementation of the EU Pay Transparency Directive in the Czech Republic

The Czech Republic has recently made progress in the implementation process of the EU Pay Transparency Directive. Later in March 2026, an official draft bill was published, but it has yet to be introduced to the Parliament itself. The draft bill contains proposals for essential amendments of the Czech Labour Code, including new specific obligations of employers. The proposed provisions are to take effect gradually: recruitment-related obligations on 1 January 2027, with further provisions following on 1 January 2028 and 1 January 2031. » 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

  1. Transposition of the EU Pay Transparency Directive across 27 member states.

European Union: Transposition of the EU Pay Transparency Directive Across 27 Member States

As of mid-April 2026, no Member State has fully completed nationwide transposition of Directive (EU) 2023/970 on pay transparency. The transposition deadline of 7 June 2026 is imminent, yet the majority of Member States either have published only a partial text, a draft circulated for consultation, or nothing at all. The summary below reflects the situation as at April 2026 and will require updating as national legislative procedures accelerate in the weeks ahead. » 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

  1. New guide on HR documentation retention rules.
  2. Publication of the “Omnibus” Directive.
  3. Clarification of unfair dismissal damages calculation rules.
  4. No automatic violation of the right to “disconnect.”

France: French Data Privacy Authority Published New Guidelines on Document Retention

On 2 April 2026, the French Data Privacy Authority (CNIL) published new guidelines on how long companies can keep HR documentation. » Read More

France: Updating of CSRD and CS3D Directives

The ”Omnibus” Directive relating to corporate extra-financial reporting and due diligence took effect on 19 March 2026. » Read More

France: How Damages are Assessed in Unfair Dismissal Cases

On 18 March 2026, the French Supreme Court ruled that damages in case of unfair dismissal must be calculated on the same reference salary as legal severance indemnities. » Read More

France: Employees Cannot Claim Damages if They Voluntarily Decide to Violate Their Right to Disconnect

On 25 March 2026, the French Supreme Court ruled that employees cannot claim damages for voluntarily checking their emails in the absence of any constraint imposed by their employer. » 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

  1. Generic garden leave clauses invalid.
  2. Assigning an employee to a different position is valid only if the new position is equivalent to the previous one.

Germany: General Exemption Clauses are Invalid

A blanket provision in an employment contract that entitles an employer to release an employee whose employment has been terminated from performing work until the end of the notice period while continuing to pay their salary is invalid because it unreasonably disadvantages the employee. » Read More

Germany: Valid Assignment of a Different Position Requires Equivalence

A prerequisite for the valid reassignment to a different position is generally that the newly assigned position must be considered equivalent. If it involves a significant reduction in the scope of duties and responsibilities, this generally constitutes an impermissible reassignment to a position of lesser value. » 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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India: Key Issues

  1. Karnataka High Court directs the implementation of the menstrual leave policy.

India: Karnataka High Court Directs the Implementation of the Menstrual Leave Policy

The High Court of Karnataka, by order dated 15 April 2026, upheld the constitutional validity of the State of Karnataka's Menstrual Leave Policy, 2025. The Court recognised menstrual leave as a fundamental right of women employees, intrinsically connected to Articles 14, 15(3), 21, 39(e), and 42 of the Constitution of India. » 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.  

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Ireland: Key Issues

  1. Update on the EU Pay Transparency Directive 2023/970, transposition in Ireland and what employers can expect.

Ireland: Update on the EU Pay Transparency Directive 2023/970, Transposition in Ireland and What Employers Can Expect

The EU Pay Transparency Directive 2023/970 is to be transposed in Ireland by June 2026. The Irish Government has now announced that it will not be able to meet this transposition date and that this directive will be implemented on a phased basis instead. » 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

  1. The “employer of record” model.

Italy: The “Employer of Record” Model

The “Employer of Record” model has no legal recognition or basis in the Italian system. The only scenario in which a worker may formally be employed by an entity whilst performing their duties exclusively in the interests of a third-party company is staff supply. This is permitted only through employment agencies authorized by the Ministry of Labour in accordance with a tripartite structure: i) a commercial contract between the user company and the authorized agency and ii) an employment contract between the agency and the worker. Any different form of intermediation between a worker and the entity benefiting from the work performed may be deemed a case of unlawful staff supply, with the possible application of sanctions and criminal responsibility. » 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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Mexico: Key Issues

  1. Prohibition of misuse of personal data in hiring processes.

Mexico: Prohibition of Misuse of Personal Data in Hiring Processes 

The bill introduced by Senator Saúl Monreal Ávila, a member of the Morena Parliamentary Group, proposes amendments to Articles 3 and 133 of the Federal Labour Law in order to establish the obligation for companies to implement fair and transparent policies, provide staff training, and adopt rigorous monitoring and compliance measures, with the aim of eliminating the practice of the so-called labour blacklist. » 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

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Poland: Key Issues

  1. Expansion of PIP competences.
  2. New rules for sickness leave inspections.
  3. New anti-mobbing regulations: draft bill after first reading in the Sejm.

Poland: Expansion of PIP Competences

On 7 April 2026, an Act amending the State Labour Inspectorate Act and certain other Acts was published. Most of the new provisions will come into force on 8 July 2026. The amendment provides for a significant expansion of the competences of the State Labour Inspectorate (PIP), in particular with regard to the classification of employment relationships. » Read More

Poland: New Rules for Sickness Leave Inspections

New provisions of the amended Sickness Benefits Act regarding the inspection of the proper use of medical certificates entered into force on 13 April 2026. » Read More

Poland: New Anti-Mobbing Regulations: Draft Bill After First Reading in the Sejm

On 25 March 2026, the Sejm held its first reading of the government’s draft amendment to the provisions concerning mobbing (workplace bullying). The objective of this reform is to streamline regulations and enhance the effectiveness of employee protection. » 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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Sweden: Key Issues

  1. Labour court rules reading criminal record extract not covered by GDPR.

Sweden: Labour Court Rules Reading Criminal Record Extract Not Covered by GDPR

In a recent judgement, the Swedish Labour Court held that an employer did not process personal data within the material scope of the GDPR by merely receiving, reading and then destroying a criminal records extract provided by an employee upon request from the employer. Although the extract contained personal data relating to criminal convictions and reading constituted processing, the court found that the employer´s handling was purely manual and that the information neither formed, nor was intended to form, part of any filing system or register. » 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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Türkiye: Key Issues

  1. New regulation on occupational health and safety training of employees has been published.

Türkiye: New Regulation on Occupational Health and Safety Training of Employees has been Published

The Regulation on the Procedures and Principles of Occupational Health and Safety Training of Employees (the “Regulation”), published in the Official Gazette dated 2 April 2026 and numbered 33212, entered into force on the date of its publication. » 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

  1. Tribunal claims: strike out.
  2. Employment Rights Act April 2026 changes.
  3. April 2026 statutory and compensation rate increases.
  4. Ethnicity and disability pay gap reporting.
  5. Union right of access: government consultation response.

United Kingdom: Employment Tribunal Delays: Strike Out

The Employment Appeal Tribunal upholds employee claim strike-out on the basis that delay to Employment Tribunal hearing made fair trial impossible. » Read More

United Kingdom: Employment Rights Act April 2026 Changes

6 April 2026 is a key implementation date for Employment Rights Act reforms in the UK, with a number of significant changes taking effect this month. » Read More

United Kingdom: April 2026 Statutory and Compensation Rate Increases

The usual UK annual increases to statutory payment rates and compensation limits take effect from early April 2026. » Read More

United Kingdom:  Ethnicity and Disability Pay Gap Reporting

The UK government has confirmed it plans to introduce mandatory ethnicity and disability pay gap reporting obligations for large employers, although the timeline for implementation is not yet clear. » Read More

United Kingdom: Union Right of Access: Government Consultation Response

The UK government has issued a consultation response and draft Code of Practice on the rights of trade unions to seek access to workplaces. » 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

  1. ICE reclassifies certain Form I‑9 Errors: updated audit considerations for employers.
  2. Performance management: employer strategies as PIPs come under scrutiny.
  3. New EO targets federal contractor DEI practices, signals increased enforcement activity.
  4. State enforcers step up scrutiny of foreign data transfers: what organizations should know.

USA: ICE Reclassifies Certain Form I‑9 Errors: Updated Audit Considerations for Employers

Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits. » Read More

USA: Performance Management: Employer Strategies as PIPs Come Under Scrutiny

Establishing a claim of unlawful discrimination or retaliation in the workplace requires, among other elements, that an employee show they experienced an “adverse employment action.” Since Muldrow v. City of St. Louis, 601 U.S. 346 (2024), where the U.S. Supreme Court held that an employee need not show “significant” harm, but only “some harm,” to establish an adverse employment action, courts and litigants continue to grapple with whether lesser disciplinary measures constitute an adverse employment action sufficient to establish a claim. » Read More

USA: New EO Targets Federal Contractor DEI Practices, Signals Increased Enforcement Activity

On March 26, 2026, President Donald J. Trump issued the “Addressing DEI Discrimination by Federal Contractors” executive order (EO) and a White House fact sheet» Read More

USA: State Enforcers Step Up Scrutiny of Foreign Data Transfers: What Organizations Should Know

U.S. organizations have long focused on federal requirements governing international data transfers. But a growing wave of state enforcement—particularly in Florida and Texas—signals that regulators are increasingly scrutinizing how companies move sensitive data outside the United States, especially when foreign adversaries may be involved. Recent developments suggest organizations should reassess their data flows, vendor relationships, and ownership structures to understand where sensitive information may ultimately land. » 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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