We are pleased to present you with the L&E Global Employment Law Tracker for April 2022, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. 
BROWSE BY COUNTRY
Argentina • AustraliaBelgiumBrazil • CanadaChile • China • Colombia • Czech Republic • Dominican Republic • European UnionFrance • Germany • Italy • Luxembourg • Mexico • The Netherlands • Norway • Peru • Poland • Singapore • Sweden • United Kingdom • United States

ARGENTINA • Allende & Brea

Argentina: Key Issues

  1. New Decree establishes regulations regarding childcare services to be provided by companies.

Argentina: Companies with more than 100 Employees must have on-site Childcare Centres

New Decree sets forth that establishments with 100 or more employees must offer on-site childcare centres for children between 45 days and 3 years of age. This will be applicable to said establishments, regardless of the employment conditions of their employees, and extends to both employees of the establishment as well as dependent workers of other companies, providing services at said establishments. » 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 Website of Allende & Brea.

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AUSTRALIA • Harmers Workplace Lawyers

Australia: Key Issues

  1. Court ruling provides clarity on determining a worker’s status as an ‘employee’ or an ‘independent contractor’. Construction worker engaged by a labour-hire firm found to be an ‘employee’. Truck drivers engaged exclusively by an electrical lighting business for four decades found to be ‘independent contractors’.
  2. Time limitations for bringing sexual harassment claims in Victoria. Subsequent events may be relevant for finding conduct of a sexual nature was unwelcome.

Australia: Recent High Court decisions provide Clarity on Determining ‘Employee’ vs ‘Independent Contractor’ Status

The High Court of Australia has ruled that, in a case in which the parties’ contract is wholly written, a court or workplace tribunal is prevented from considering the subsequent conduct of the parties, including the substance or reality of the how the contract was performed, and must assess exclusively the parties’ written contract. Accordingly, in such cases, the multifactorial analysis to be applied to the indicia of the parties’ contractual relationship must be confined to the parties’ contractual rights and obligations. » Read More

Australia: Statutory Limit does not apply to Human Rights Claims in the Victorian Civil and Administrative Tribunal

The Victorian Supreme Court has held that the 6-year statutory time limits do not apply to human rights claims brought under the state’s anti-discrimination legislation. » 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 • Van Olmen & Wynant

Belgium: Key Issues

  1. The Supreme Court of Belgium proclaims that strikers cannot call upon the fundamental right to collective action in article 6.4 of the European Social Charter, as it is not sufficiently clear and precise and therefore, requires a supplementary regulation of the right by national legislation.
  2. Together with the EU, Belgium has made it easier for Ukrainians to enter the Belgian labour market.

Belgium: Court Calls Into Question the Enforceability of the Right to Collective Action in the European Social Charter

The Supreme Court of Belgium (Court of Cassation) was obliged to enunciate its position on the persecution of a group of trade union activists, who had collectively blocked an important highway, causing dangerous road conditions and a traffic jam of over 400km. In a surprise twist, the Court ruled that strikers cannot call upon the fundamental right to collective action in article 6.4 of the European Social Charter, as it is not sufficiently clear and precise and therefore, requires a supplementary regulation of the right by national legislation. » Read More

Belgium: Employing Ukrainian Refugees in the Belgian Labour Market

The Belgian government estimates that around 200.000 Ukrainian citizens will seek refuge in Belgium over the coming weeks and months. Together with the EU, Belgium has made it less complicated for Ukrainians to enter the Belgian labour market. We have set out below, the basic conditions for Ukrainian refugees’ right to work in Belgium, which employers need to take into account when they wish to employ Ukrainian citizens. » 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 Website of Van Olmen & Wynant.

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BRAZIL • TozziniFreire Advogados

Brazil: Key Issues

  1. The Ministry of Labour and Social Security and the Ministry of Health published a new ordinance allowing employees to not use protective masks at the workplace.
  2. The Federal Government has published an Executive Order changing the current legislation regarding the remote work system in Brazil.

Brazil: New Ordinance published allowing Employees to not use Protective Masks at the Workplace

On 1 April 2022, the Ministry of Labour and Social Security and the Ministry of Health published Ordinance No. 17 updating measures to prevent, control and mitigate risks of transmission of Covid-19 in work environments, which included the permission of employees to not use protective masks in certain specific situations. » Read More

Brazil: Executive Order changes the Current Legislation regarding the country’s Remote Work System

On 28 March 2022, the Federal Government published Executive Order No. 1,108 modifying several sections of the Brazilian Labour Code concerning the nation’s remote work system. Among the changes, the Executive Order recognises the hybrid work system as a remote work system and restricts the exemption of working hours control to employees who work by production or tasks. The Executive Order is valid for a maximum period of 120 days, and will only be converted into law after approval by the Brazilian Congress. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Mihoko Sirley Kimura or Gabriela Lima Arantes (Partners of TozziniFreire Advogados) at the emails mkimura@tozzinifreire.com.br or glima@tozzinifreire.com.br, or visit the website Website of TozziniFreire Advogados.

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CANADA • Filion Wakely Thorup Angeletti

Canada: Key Issues

  1. Recent amendments to the Labour Code Regulations include new record-keeping requirements, administrative penalties and more.
  2. School Board’s mandatory vaccination policy was, on the whole, an entirely reasonable exercise of management rights.
  3. Arbitrator upholds mandatory vaccination policy and allows for non-compliant employees to be placed on unpaid leaves of absence.
  4. Ontario’s general minimum hourly wage rate will increase to $15.50.
  5. Revisions to Bill 88 include expanded requirements relating to the disclosure of performance rating information to digital platform workers.

Canada: Recent Amendments to the Labour Code Regulations

The most significant changes to the Regulations include: the addition of record-keeping requirements for federally-regulated employers; an expansion of the administrative penalties for non-compliance with the aforementioned record-keeping requirements; and an extension of the deadlines, under very limited circumstances, for filing complaints under the Code» Read More

Canada: Arbitrator finds Vaccination Policy Did Not Violate Charter of Rights and Freedoms 

Arbitrator concludes that the Toronto District School Board’s mandatory vaccination policy did not violate section 7 of the Charter of Rights and Freedoms and that the policy was, on the whole, an entirely reasonable exercise of management rights. » Read More

Canada: Non-Compliant Employees can be placed on Unpaid Leaves of Absence

An Ontario arbitrator dismissed a policy grievance that challenged an employer’s mandatory COVID-19 vaccination policy and held that the policy, which provided for non-compliant employees to be placed on a leave of absence and contemplated the possibility of discipline or termination of employment, was reasonable. » Read More

Canada: Ontario’s General Minimum Hourly Wage Rate will Increase to $15.50

On 5 April 2022, the Ontario Minister of Labour, Training and Skills Development announced increases to the general and specialised minimum wage rates. » Read More

Canada: Bill 88 Passes Third Reading

The most notable revisions to the Bill consist of an expansion of the requirement for digital platform operators to provide workers with information about performance ratings. Operators are now required to provide certain types of information to a digital platform worker, within 24 hours after the last day that is included in the calculation of the worker’s average performance rating. » 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 Website of Filion Wakely Thorup Angeletti.

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CHILE • Cariola Díez Pérez-Cotapos

Chile: Key Issues

  1. New Law defines the concepts of a “digital platform company” and “digital platform employees”, accepting both dependent and independent categories of employees, contingent upon whether or not the services are rendered under a labour subordination and dependency relationship.

Chile: New Law regulates Services rendered from Digital Platforms, such as Uber, Cabify or Cornershop

On Friday, 11 March, Law No. 21,431 was published in the Official Gazette, which incorporates into the Labour Code, new regulations applicable to employees performing services from digital platforms. » Read More

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

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CHINA • Zhong Lun Law Firm

China: Key Issues

  1. Competitive relations in non-compete cases shall be determined on a comprehensive basis.
  2. People’s Supreme Court releases judicial interpretation of Anti-Unfair Competition Law.
  3. Beijing launches special inspections on employees’ working hours, rest periods and leaves.

China: Competitive Relations in Non-Compete cases shall be Determined on a Comprehensive Basis

The Shanghai Intermediate People’s Court held that competitive relations in non-compete cases shall be determined on a comprehensive basis; the registered scope of each business, the actual business operations, the audiences, the scope of products or services and other factors of the companies shall be taken into consideration. » Read More

China: Judicial Interpretation of Anti-Unfair Competition Law was Released

The Supreme People’s Court released its interpretation on several issues concerning the application of the PRCs Anti-Unfair Competition Law, which was formulated to improve the rules for competition cases and stimulate a healthy and sustainable development of the economy. » Read More

China: Beijing launches Special Inspection on Working Hours, Rest and Leaves

The Beijing Human Resources and Social Security Bureau issued the Circular on Further Protecting Employees’ Rights and Interests in Respects of Working Hours, Rest, and Leaves and launched the special inspection for a period of two months. » 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 Website of Zhong Lun Law Firm.

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COLOMBIA • López & Asociados

Colombia: Key Issues

  1. Decree issued regulating the working conditions of remote labour.
  2. When is the reinstatement of the employee considered inadvisable?

Colombia: New Decree issued Regulating the Conditions for Employees Working Remotely

By means of Decree 555 issued on 9 April 2022, the Ministry of Labour regulated the conditions that will apply to the labour relations between employers and workers who perform their work under the remote work modality. » Read More

Colombia: When is the Reinstatement of the Employee Considered Inadvisable?

It would be inadvisable to reinstate an employee who was dismissed for just cause, such as the employee's preventive arrest for more than 30 days. » Read More

For more information on these articles or any other issues involving labour and employment matters in Colombia, please contact Alejandro Castellanos (Partner) of López & Asociados at alejandro.castellanos@lopezasociados.net or visit Website of López & Asociados

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CZECH REPUBLIC • Havel & Partners

Czech Republic: Key Issues

  1. With effect from 21 March 2022, the Czech Republic adopted three special acts, the so-called “Lex Ukraine”, related to the war in Ukraine, which should help Ukrainian citizens (among others) to easily obtain temporary protection in the Czech Republic, enter the Czech labour market, receive special humanitarian (financial) aid and help their children to be part of the education system.

Czech Republic: Residence and Work for Ukrainian Citizens in the Czech Republic

With effect from 21 March 2022, the Czech Republic adopted three special acts related to the war in Ukraine, which should help Ukrainian citizens (among others) to easily obtain temporary protection in the Czech Republic, enter the Czech labour market, receive special humanitarian (financial) aid, and help their children to be part of the education system. » 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 Website of Havel & Partners.

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DOMINICAN REPUBLIC • Sánchez & Salegna

Dominican Republic: Key Issues

  1. Company HR personnel are reminded to keep a written record of all payments made to workers, at least one year after the contract's termination.

Dominican Republic: The Concept of Continuing Fault does not apply to Accessory Workers' Rights Claims

The Supreme Court of Justice specified that the term “continuing fault” does not apply to accessory claims of other employee-rights, such as acquired rights (Christmas salary, participation in corporate profits and leave), salary payment, overtime, etc. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Dominican Republic, please contact Angelina Salegna Bacó (Partner) of Sánchez & Salegna at asalegna@sys.do or visit Website of Sánchez & Salegna.

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EUROPEAN UNION • Van Olmen & Wynant

European Union: Key Issues

  1. Negotiations on pay transparency directive can begin. If a gender pay gap of at least 2.5% exists, employers, in cooperation with their workers’ representatives, have to conduct a joint pay assessment and develop a gender action plan. The Commission and Council propose a threshold of 5%. According to the proposed text by the Parliament, job applicants shall have the right to receive from the prospective employer (without having to request it), information about the initial pay level or the range of an advertised position. Employers would be prohibited from asking about the current and previous pay of the job applicant.

EU: Negotiations on Pay Transparency Directive can Begin

Early in 2021, the EU Commission submitted a legislative proposal for a Directive to strengthen the application of the principle of equal pay for equal work, or work of equal value, between men and women through pay transparency and enforcement mechanisms (The Pay Transparency Directive). The EU parliament has now approved its position on the proposal and will start the negotiations with EU member states in the Council, which adopted its own position in December of 2021. » 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 Website of Van Olmen & Wynant.

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FRANCE • Flichy Grangé Avocats

France: Key Issues

  1. The definition of sexual harassment in the Labour Code is harmonised with the definition of the Criminal Code.
  2. The Court of Cassation implicitly accepts that an extract from the LinkedIn profile of an employee dismissed without real and serious cause, may be produced by his ex-employer in an attempt to limit the amount of damages to be paid to him. An employee's publication of images on LinkedIn from internal company documents could justify his disciplinary dismissal.
  3. The French People will elect their President on 24 April. The election and the current economic and international situation could lead to major reforms in employment law. Stay tuned!

France: New definition of Sexual Harassment in the Labour Code

The definition of sexual harassment in the Labour Code is amended. It is extended to include comments and behavior with a sexist connotation, as well as comments and behavior committed by several persons, whether or not in a concerted manner, without each of them having acted repeatedly. The changes to the Labour Code require company managers to review the content of their internal regulations. Indeed, they must recall the provisions relating to moral and sexual harassment and sexist behavior. » Read More

France: Recent Cases show that Employees should be Cautious with Social Networks

The Court of Cassation implicitly accepts that an extract from the LinkedIn profile of an employee dismissed without real and serious cause, may be produced by his ex-employer in an attempt to limit the amount of damages to be paid to him. In another case, a court of appeal ruled that an employee's publication of images on LinkedIn from internal company documents could justify his disciplinary dismissal for breach of professional secrecy and the confidentiality obligation in his contract. » Read More

France: The French People will elect their President on 24 April

Emmanuel Macron, the current President, and Marine le Pen, a candidate ranked very far to the right on the political spectrum, are the two finalist candidates for the Presidential election on 24 April 2022. They have very different economic and social programmes. The election and the current economic and international situation could lead to major reforms in employment law. Stay tuned! » Read More

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

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GERMANY • Pusch Wahlig Workplace Law

Germany: Key Issues

  1. Employment law aspects of the Ukraine crisis.
  2. Federal Labour Court on fair negotiation of termination agreements.
  3. Updates on employing Ukrainian refugees in Germany and other employment law aspects of the war in Ukraine.

Germany: Employers’ Duty of Care and Employers’ Options for Action during the Ukraine Crisis

The Russian attack on Ukraine has global consequences. Many German companies are also based in Ukraine. We provide an overview of how these employers can best support their employees and deal with the dramatic situation. » Read More

Germany: Termination Agreement for Immediate Acceptance - Requirement of Fair Negotiation

The employer does generally not violate duties arising from the employment relationship, if he presents the employee with a termination agreement that can only be accepted immediately. Even if the employee is neither granted time to think about the agreement nor time to obtain legal advice, the requirement of fair negotiation is generally not violated. » Read More

Germany: Employing Ukrainian Refugees and other Employment Law aspects of the Ukraine War

As more and more Ukrainian refugees arrive in Germany, their integration into the German labour market gains practical relevance. We have analysed the ongoing effects of the Ukraine war from the German employment law perspective. » 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 Website of Pusch Wahlig Workplace Law.

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ITALY • LabLaw

Italy: Key Issues

  1. The draft legislative decree ‘Provisions on Agile and Remote Work’ approved by the Chamber of Deputies, transposing European Directive 2019/1158, improves the work-life balance, achieves a more equal sharing of responsibilities between men and women, and promotes effective gender equality in both work and family environments.

Italy: Chamber of Deputies Approves Draft Decree on Agile and Remote Work

The draft legislative decree transposing European Directive 2019/1158 improves the work-life balance, achieves a more equal sharing of responsibilities between men and women, and promotes effective gender equality in both work and family environments. » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Laura Cinicola (Partner) of LabLaw at l.cinicola@lablaw.com or visit Website of LabLaw.

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LUXEMBOURG • KLEYR | GRASSO

Luxembourg: Key Issues

  1. Since 11 March 2022, the “3G” scheme has ceased.
  2. The wage index has increased from 855.62 points to 877.01 points as of 1st April 2022, resulting in an increase in the minimum social wage.
  3. The Government, the UEL and the LCGB and CGFP unions reached an agreement on 31st March 2022 to take measures in favour of businesses, purchasing power and for housing.

Luxembourg: End of the 3G Scheme at the Workplace

The Law of 11 March 2022 amended the Covid Law of 17 July 2020 and ended the “3G” workplace scheme (vaccinated/recovered/tested), which was optional since 11 February 2022. » Read More

Luxembourg: Indexation on 1st April 2022

Revaluation of the minimum social wage and adaptation of the thresholds and ceilings provided for by the law on 1st April 2022. » Read More

Luxembourg: Tripartite Agreement of 31st March 2022

An agreement between the government and the Union des entreprises luxembourgeoises (UEL) and the trade unions LCGB and CGFP, was reached at the end of the Tripartite Coordination Committee meetings of 22, 23 and 30 March 2022. » Read More

For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Jungers (Partner) of KLEYR | GRASSO at christian.jungers@kleyrgrasso.com or visit Website of KLEYR | GRASSO.

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MEXICO • De La Vega & Martínez Rojas, S.C.

Mexico: Key Issues

  1. Government publishes Guide for Compliance with Obligations on Profit Sharing Matters, emphasising the right of workers to participate in profit sharing, with the objective of establishing the basis for the application of the amount of profit sharing and introducing a fixed limit of 3 months of the worker’s salary or the average of the profit sharing of the last 3 years, whichever is most favourable to the worker.

Mexico: Note on Department of Labour Guide on Compliance with the Payment of PTU Profit Sharing

As a result of the reform, the Federal Labour Law was amended, emphasising the right of workers to participate in profit sharing, with the objective of establishing the basis for the application of the amount of profit sharing and introducing a fixed ceiling with the limit of 3 months of the worker’s salary, or the average of the profit sharing of the last 3 years, whichever is most favourable to the worker. » 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 (Partner) of De La Vega & Martínez Rojas, S.C. at odelavega@dlvmr.com.mx or visit Website of De La Vega & Martínez Rojas, S.C..

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THE NETHERLANDS • Palthe Oberman

The Netherlands: Key Issues

  1. The dismissal of an employee for refusing a PCR-test is justified under the present circumstances.
  2. The Supreme Court ruled that a request for termination at the subdistrict court due to economic circumstances can be granted, if the employee has become ill in the period between the request for termination at the UWV and the request for termination at the subdistrict court.
  3. As of 1 March 2022, everyone with a connection to the Dutch labour market can make use of the STAP-budget, which consists of a maximum amount of EUR 1,000 per year, and can be used for educational activities and to improve the applicant’s position In the labour market.

The Netherlands: Employee Dismissed for Refusing PCR-Test

An after-school childcare centre in Amsterdam is allowed to dismiss a teacher who refuses to be PCR-tested for the coronavirus. According to the District Court of Amsterdam, the employee acted culpably by refusing the employer's instructions to take a PCR test. Although the employer's instruction constitutes a breach of the teacher's fundamental rights, the breach is justified under the given circumstances. » Read More

The Netherlands: Illness after Termination Request at UWV does not stand in the way of Termination by the Court

The Supreme Court ruled that a request for termination due to economic circumstances can be granted if the employee has become ill in the period between the request for dismissal at the UWV and the request for termination at the subdistrict court. The prohibition of termination during illness, therefore, also applies in that case. » Read More

The Netherlands: STAP-budget Starting 1 March 2022

As of 1 March 2022, everyone with a connection to the Dutch labour market can make use of the STAP-budget. The STAP-budget consists of a maximum amount of EUR 1,000 per year and can be used for educational activities. The STAP-budget can be used to improve the applicant’s position In the labour market. » 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 Website of Palthe Oberman.

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NORWAY • Storeng, Beck & Due Lund: SBDL

Norway: Key Issues

  1. The Norwegian Parliament has decided to revoke the rule on general access to temporary employment, on the basis that it is contrary to the main rule under Norwegian law that employees must be permanently employed. The change will enter into force on 1 July 2022.

Norway: Parliament Repeals the Rule on Access to Temporary Employment

The Norwegian Parliament has decided to revoke the rule on general access to temporary employment; this so-called "quota rule" means that employees can be employed temporarily for up to 12 months. The legislator’ decision is particularly reasoned on the grounds that the legal basis of this rule is intrinsically contrary to the central principle of permanent employment. The change will enter into force on 1 July 2022. » Read More

For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Kari Andersen (Partner) of Storeng, Beck & Due Lund: SBDL at kari.andersen@sbdl.no or visit Website of Storeng, Beck & Due Lund: SBDL.

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PERU • Estudio Muñiz

Peru: Key Issues

  1. In the past month, there have been several labour and employment law developments, chief among them: i) an increase in the legal minimum wage; ii) the establishment of 7 non-working days for public employees; and iii) the deadline to regularise migratory status has been extended.

Peru: Summary of Recent Employment Law Developments

After 4 years, the Legal Minimum Wage of Peruvian employees has been increased to PEN 1,025 (US$ 277 approximately); the increase is set to take effect as from 1 May 2022. Also, the Peruvian Government established 7 non-working days for public employees during 2022. For the private sector, the non-working days indicated are not mandatory. In the event that companies choose to adopt them, they should first decide the manner in which to compensate these hours and include such provisions in prior agreements with the employees. The Peruvian Immigration Authority extended the deadline to regularise migratory status by 90 calendar days starting on 6 April 2022. » Read More

For more information on these articles or any other issues involving labour and employment matters in Peru, please contact César Puntriano (Principal Partner) of Estudio Muñiz at cpuntriano@munizlaw.com or visit Website of Estudio Muñiz.

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POLAND • Sobczyk & Partners Law Firm

Poland: Key Issues

  1. Polish legislation provides considerable support to refugees from Ukraine seeking asylum in Poland; in order for Ukrainians to seek and obtain employment and to legally enter and stay in Poland.

Poland: Considerable Employment Facilitation Measures Enacted to Support Ukrainian Citizens in Poland

After the outbreak of war on Ukrainian territory, more than 2.5 million Ukrainian citizens fleeing Russian aggression have arrived in Poland. As a result, Poland has announced a new law that implements measures to significantly facilitate the necessary terms and conditions in order for Ukrainians to seek and obtain employment and to legally enter and stay in Poland. » 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 Website of Sobczyk & Partners Law Firm.

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SINGAPORE • Clyde & Co Clasis

Singapore: Key Issues

  1. Going forward, applicants must meet the qualifying salary and pass the points-based Complementarity Assessment Framework to be eligible for an Employment Pass.

Singapore: Overhaul to obtain an Employment Pass in Singapore

The Ministry of Manpower of Singapore will be raising the qualifying salary (from 1 September 2022) and introducing a points-based Complementarity Assessment Framework (from 1 September 2023) for Employment Pass applications; going forward, applicants must meet the qualifying salary and pass the points-based framework to be eligible for an Employment Pass. » Read More

For more information on these articles or any other issues involving labour and employment matters in Singapore, please contact Thomas Choo (Partner) of Clyde & Co Clasis at Thomas.Choo@clydeco.com or visit Website of Clyde & Co Clasis.

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SWEDEN • Cederquist

Sweden: Key Issues

  1. Reassigning an employee to other duties due to their part-time parental leave is not a breach of the Parental Leave Act, if considered a necessary consequence of the leave.

Sweden: Reassigning Employees to other Duties during their part-time Parental Leave is Permissible

Reassigning employees to other duties due to their part-time parental leave did not breach the Parental Leave Act, as the employees’ leave would otherwise have led to significant disturbances in the employer’s business. » 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 Website of Cederquist.

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UNITED KINGDOM • Clyde & Co

UK: Key Issues

  1. Tribunal orders employer to carry out a salary audit following sex discrimination claim.
  2. New public health guidance for employers on COVID-19 from 1 April 2022.
  3. New data protection guidance published on 1 April 2022.
  4. Government decides no mandatory ethnicity pay reporting for employers.
  5. New rates and limits for tribunal awards and other statutory minimum payments.

UK: Equal Pay Audits

In an equal pay, sex discrimination and victimisation claim, a tribunal has awarded over £2 million in compensation and ordered the employer to carry out a salary audit. » Read More

UK: COVID-19 - New Public Health Guidance

The government has published new guidance for employers on COVID-19. » Read More

UK: COVID-19 – New Data Protection Guidance

The Information Commissioner's Office (ICO) has published new guidance to help employers comply with their data protection obligations, including in relation to vaccination information, following the government's relaxation of the COVID-19 rules from 1 April 2022. » Read More

UK: Ethnicity Pay Gap Reporting

The government has published its response to the report of the Commission on Race and Ethnic Disparities, which made a number of recommendations to address ethnic and racial disparities and inequalities, confirming that mandatory ethnicity pay gap reporting will not be introduced. » Read More

UK: Increase in Tribunal Compensation Limits and Employment Rates

New compensation limits for tribunal awards and other statutory minimum payments will apply from 6 April 2022. » 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) at Clyde & Co at robert.hill@clydeco.com or visit Website of Clyde & Co.

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UNITED STATES • Jackson Lewis

USA: Key Issues

  1. Following on the heels of ongoing discussions in Congress of possible immigration reform, this article identifies five key immigration law-related trends employers will want to keep their eye on. 
  2. A project labor agreement (PLA) will be required prior to awarding federal construction projects valued at $35 million or more to any construction contractors and subcontractors under the Executive Order on Use of Project Labor Agreements for Federal Construction Projects signed by President Joe Biden in February of 2022. A PLA is a pre-hire, collective bargaining agreement that contractors enter with one or more labor organizations establishing terms and conditions of employment for a specific construction project.
  3. In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty; such countries offer an additional avenue to find skilled, non-professional employees.

USA: Five Immigration Law Trends to Watch in 2022

A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected. » Read More

USA: Project Labor Agreements on Large-Scale Federal Construction Projects Required by Executive Order

Facial recognition, voiceprint, and other biometric-related technology are booming, and they continue to infiltrate different facets of everyday life. The technology brings countless potential benefits, as well as significant data privacy and cybersecurity risks. » Read More

USA: Treaty of Commerce and Navigation Visas as Work Visa Option for Manufacturing Companies

In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty; such countries offer an additional avenue to find skilled, non-professional employees. » 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 Website of Jackson Lewis.

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