We are pleased to present you with the L&E Global Employment Law Tracker for December 2021, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. 
BROWSE BY COUNTRY
ArgentinaAustraliaBelgium • Canada • Chile • China • Czech Republic • Dominican Republic • European UnionFrance • Germany • India • Italy • Luxembourg • Mexico • The Netherlands • NorwayPolandRussiaSaudi Arabia • Spain • United Arab EmiratesUnited KingdomUnited States

ARGENTINA • Allende & Brea

Argentina: Equal Treatment and Access to Employment in Buenos Aires

On 25 November 2021, the City of Buenos Aires approved a law that prohibits employers from requiring candidates to provide information that is not essential for the purposes of the job search, in order to prevent any discrimination. » 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.

Back to Top ▲

AUSTRALIA • Harmers Workplace Lawyers

Australia: Fair Work Commission ruling against BHP’s COVID-19 vaccine mandate

A Full Bench of the Fair Work Commission, Australia's national workplace relations tribunal, has determined that a company direction to receive a COVID-19 vaccination was not reasonable following findings that the company had failed to adequately consult with its workers prior to the issuance of that direction. This decision provides guidance to employers on what constitutes a meaningful consultation process and the importance of engaging in meaningful consultation prior to the implementation of workplace proposals. » Read More

Australia: The Great Resignation – What is it and what are the legal issues that arise?

This year has been another year full of unprecedented challenges and legal questions, including those that continue to be presented by the COVID-19 pandemic, for both employers and employees alike in Australia.  In this month’s update, we consider the measures that businesses can take to be prepared to respond to a new looming threat, ‘the Great Resignation’, considering the employment law issues that it will likely raise. » 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 Website of Harmers Workplace Lawyers.

Back to Top ▲

BELGIUM • Van Olmen & Wynant

Belgium: Brussels Labour Tribunal qualifies Deliveroo riders as Self-employed

After more than two years of investigations by the Labour Prosecutor, on 8 December 2021, the Labour Tribunal of Brussels ruled that Deliveroo riders should not be qualified as employees, but rather as self-employed workers. However, they do not qualify to work under the fiscally beneficial sharing economy system. » Read More

Belgium: Double Discrimination = Double Compensation

In a recent Belgian case involving the uniquely fundamental right not to be discriminated against, a right that is particularly important in employment relations, including at the recruitment phase, the employer was condemned by the court for discriminating against a hearing-impaired and pregnant job applicant. » 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.

Back to Top ▲

CANADA • Filion Wakely Thorup Angeletti

Canada: Arbitrator Holds Mandatory Vaccination Policy is Unreasonable

In a decision issued on 11 November 2021, an Ontario arbitrator held that the Electrical Safety Authority’s mandatory COVID-19 vaccination policy was unreasonable. This is the second decision addressing mandatory COVID-19 vaccination policies in Ontario and the first decision in which such policy has been held to be unreasonable. This case is a helpful reminder that a reasonable policy is one in which the particular context of the workplace and its risks is carefully considered and accounted for. » Read More

Canada: Ontario Passes Bill 27 with Amendments

On 2 December 2021, Bill 27 went into effect. Under this new law, employers have a number of new responsibilities, and employees have corresponding workplace rights. In our earlier update, we provided readers with an overview of the wide-ranging changes proposed by Bill 27 at the time it was initially tabled. Since then, the Standing Committee on Social Policy made a number of amendments, which were incorporated into the version of Bill 27 as passed. In this update, we provide readers with an overview of the key amendments. » Read More

Canada: Arbitrator finds Employer not Required to Reimburse Costs Arising from Transition to Remote Work

Arbitrator Gedalof held that the Toronto District School Board was not obligated to reimburse Board employees for expenses arising from the transition to working from home. The grievances arose after a large number of Board employees transitioned to working from home due to the COVID-19 pandemic. The union alleged that the Board’s failure to reimburse the costs incurred from the transition constituted an unreasonable exercise of management rights and constituted a violation of the collective agreement as well as the Employment Standards Act, 2000» Read More

Canada: Supreme Court concludes Arbitrators can have Exclusive Jurisdiction over Human Rights Disputes

The Supreme Court of Canada held, in a 6-1 ruling, that the Manitoba Human Rights Commission did not have jurisdiction to hear a human rights dispute in a unionised workplace. Given the legislative framework in Manitoba, labour arbitrators have exclusive jurisdiction over unionised workers’ complaints of human rights violations in the workplace. » Read More

Canada: Read Before you Click – Court of Appeal Finds No Entitlement to Unvested Stock Options

The Court of Appeal for Ontario recently held that an employee who provided online confirmation that he had read his employer’s stock option agreement was bound by the provisions within, notwithstanding the fact that he had not actually read them. » 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.

Back to Top ▲

CHILE • Cariola Díez Pérez-Cotapos

Chile: Non-Attendance to Work Due to Illness Justifies Absence

The Chilean Supreme Court’s recent ruling stands out for considering that non-attendance to work due to an illness is a sufficient excuse that can be evidenced by any means, such as witnesses, hospital certificate or medical licenses, among others, without the need to give notice of the absence to the employer. » 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

Back to Top ▲

CHINA • Zhong Lun Law Firm

China: Termination Based on Employee’s Insulting WeChat Moment Was Held Legitimate

The Guangzhou Intermediate People’s Court held that it was legitimate for the employer to terminate the employee who posted the WeChat Moment that insulted other staff with bad language and caused adverse effect to the corporate image, reputation and internal management order. » Read More

China: Provinces and Cities Nationwide Release Different Measures to Encourage Childbirth

The local legislature in more than twenty provinces and cities across China, have either issued the updated version of, or draft amendments for, the local regulation on population and family planning to encourage childbirth, which includes measures such as the extension of marriage leave and maternity leave, creation of parental leave and nursing leave, and a provision for special subsidies to parents with two or more children. » 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.

Back to Top ▲

CZECH REPUBLIC • Havel & Partners

Czech Republic: Seemingly Trivial Flaws in Privacy Policies Do Matter

Preparing a privacy policy should not be a perfunctory task; rather, the exercise ought to focus on clearly and truthfully explaining the data processing activities, as the Czech Data Protection Authority recently insisted when fining a company for not doing so. » Read More

Czech Republic: Governmental Antivirus Program Reactivated

The Government has reactivated its Antivirus Program for the period from 1 November 2021 to 28 February 2022. Under this Program, employers are entitled to apply for a financial contribution from the state budget for employees´ wages / wage compensation. » 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.

Back to Top ▲

DOMINICAN REPUBLIC • Sánchez & Salegna

Dominican Republic: Supreme Court affirms Workers may Request Salary Review if Labour Modality Changes

If the company needs to increase the working hours because of the nature of the service, it needs to get the employee's consent. It is also suggested that the employee’s wages be raised. » 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.

Back to Top ▲

EUROPEAN UNION • Van Olmen & Wynant

EU: EU Commission proposes Directive to offer Protection to Platform Workers

On 9 December 2021, the Commission launched a legislative proposal to improve the working conditions of people working through digital labour platforms, such as Deliveroo and Uber (Eats). The proposal seeks to ensure that persons working through digital labour platforms can enjoy the labour rights and social benefits they are entitled to. Therefore, in the first place, the proposed directive has the aim to end the legal uncertainty regarding the employment status of platform workers. Secondly, it includes an additional protection with regard to the use of algorithmic management by the digital platforms. » 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.

Back to Top ▲

FRANCE • Flichy Grangé Avocats

France: Government issues Updated Health Protocol for Workspaces

The Ministry of Labour announced new measures to ensure the health and safety of employees in businesses on 25 November 2021, including, in particular, reduction of the validity period of virus tests to obtain the “health pass” and the compulsory wearing of masks indoors. In addition, it emphasises the ventilation of workplaces and the measurement of carbon dioxide levels. » Read More

France: Excluding Employees assimilated to the Employer in Works Council Elections is Unconstitutional

In an ex-post constitutional review, the Constitutional Council questioned the case law of the French Supreme court wherein certain employees, who are assimilated to the head of the company, are not eligible to vote and therefore do not participate in the ballot linked to the establishment of the works council (CSE) elections. Pointing to an infringement of the principle of participation, the council concluded that the provision of the Labour Code, which served as the textual basis for this case law, should be repealed, but deferred until 31 October 2022 to allow for the national legislator to restructure the electoral system. 
» 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.

Back to Top ▲

GERMANY • Pusch Wahlig Workplace Law

Germany: New German government presents coalition agreement: What’s in it from the employment law perspective?

With the slogan “Dare more progress”, the parties of the new federal government led by the Social Democrats, have presented their plans for the next four years. Seven pages of the coalition agreement relate to employment and employment law. this article provides an overview of the most important changes that employers (may) have to face over the next four years. » Read More

Germany: Reduction of Leave Entitlement if Working Days are Cancelled Due to Short-time Work

The Federal Labour Court has confirmed that short-time work reduces the employee’s leave entitlement. Therefore, employers can reduce the leave entitlement in accordance with days not worked on a pro rata basis. » 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.

Back to Top ▲

INDIA • IndusLaw

India: ESI Contributions Not Payable on Conveyance Allowance

The Supreme Court of India has held that all kinds of travelling/conveyance allowances are excluded from the definition of wages under the Employees’ State Insurance Act, 1948 and should not be taken into consideration for computing Employees’ State Insurance contributions. » Read More

India: Applicability of GST to Employee Payments

In a recent case, the Authority for Advance Ruling held that payments made by employees to employers towards an early exit and in lieu of serving the full notice period specified under contract, will be subject to the Goods and Services Tax (‘GST’). » 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 IndusLaw at avik.biswas@induslaw.com or visit Website of IndusLaw.

Back to Top ▲

ITALY • LabLaw

Italy: Urgent Measures adopted to contain COVID-19 and for Safe Conduct of Economic and Social Activities

A new decree provides for a series of urgent measures to contain the 'fourth wave' of the COVID-19 pandemic, which can be distinguished in four areas: i) compulsory vaccination and third dose; ii) extension of compulsory vaccination to new categories; iii) duration of COVID-19 Green Certifications and establishment of the so-called reinforced Green Pass; and iv) reinforced controls and promotional campaigns on vaccination. » Read More

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

Back to Top ▲

LUXEMBOURG • KLEYR | GRASSO

Luxembourg: Telework of Belgian Cross-Border Workers - Extension of Tax Agreement due to Covid-19

Luxembourg has agreed to extend the tax agreement with Belgium until 31 March 2022. Thus, the days of telework performed continue not to be taken into account for the calculation of the tolerance threshold for tax matters (34 days as from 1 January 2022). » Read More

Luxembourg: Telework of German Cross-Border Workers - Extension of Tax Agreement due to COVID-19

Per the recently amended Covid Law of 17 July 2020 on the measures to fight Covid-19, employers (as of 19 October 2021) have been afforded the opportunity to introduce the Covid Check Scheme in all or part of their company. » Read More

Luxembourg: New Substantial Sanctions Pronounced by the CNPD

The National Commission for Data Protection has published new decisions pronouncing substantial fines and/or corrective measures for non-compliance with the provisions of the GDPR. » 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.

Back to Top ▲

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

Mexico: Minimum Wages set to Increase in 2022

As of 1 January 2022, the general minimum wage for the Free Economic Zone of the Northern Border will be $260.34 (MXN) Mexican pesos per day ($12.15 USD) and $172.87 (MXN) Mexican pesos per day ($8.07 USD) for the rest of the Mexican Republic. Combined, this represents a 22% increase in the daily minimum wage rate compared to 2021. » 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.

Back to Top ▲

THE NETHERLANDS • Palthe Oberman

Netherlands: Summary of Recent Employment Law Developments

In the past month, there have been several labour and employment law developments, chief among them: i) normative regulation to achieve CO2-reduction in work-related mobility; ii) nine weeks partly paid parental leave; and iii) additional COVID-19 measures were announced. » 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.

Back to Top ▲

NORWAY • Storeng, Beck & Due Lund: SBDL

Norway: Supreme Court provides Guiding Judgement regarding Employees Reviewing Sensitive Data

The Supreme Court determined dismissal of health professional due to opening and reading records without a work-related reason, to be valid. The court clarifies that an employer is not bound by sanctions from the public authorities. » 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 SBDL.

Back to Top ▲

POLAND • Sobczyk & Partners Law Firm

Poland: New Deal Act amends Personal Income Tax rules on Private use of Company Car

As part of the so-called ‘Polish New Deal’ Act, the rules for determining the amount of an employee's income for tax purposes, when using a company car for private purposes, have been amended. » 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.

Back to Top ▲

RUSSIA • Pepeliaev Group

Russia: New Law Allows All HR documents to be Kept Electronically

On 22 November 2021, the President signed a new Federal Law to regulate the management of employment related documents in electronic form. » Read More

Russia: New Requirements for Foreign Workers to Enter Russian Territory

As of 29 December 2021, foreign nationals entering Russia for employment purposes will be required to undergo fingerprinting, photographs, and medical examinations within 30 calendar days after their arrival. » Read More

For more information on these articles or any other issues involving labour and employment matters in Russia, please contact Anna Berlina (Partner) of Pepeliaev Group at a.berlina@pgplaw.ru or visit Website of Pepeliaev Group.

Back to Top ▲

SAUDI ARABIA • Clyde & Co

Saudi Arabia: KSA Ministry releases Various Saudisation Decisions

The Ministry of Human Resources and Social Development (MHRSD) has issued several decisions relating to Saudisation. » Read More

For more information on these articles or any other issues involving labour and employment matters in Saudi Arabia, please contact Sara Khoja (Partner) of Clyde & Co at sara.khoja@clydeco.ae or visit Website of Clyde & Co.

Back to Top ▲

SPAIN • Suárez de Vivero

Spain: The Return to on-site Work post-COVID does not Imply a Substantial Modification of Working Conditions

Once teleworking is introduced on the basis of COVID 19, there is no obligation to negotiate the return to on-site work with the workers' legal representatives, as this is not considered a substantial change in working conditions. » 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 Website of Suárez de Vivero.

Back to Top ▲

UNITED ARAB EMIRATES • Clyde & Co

UAE: New Federal Law on Regulation of Labour Relations

Federal Law No. 33/2021 will come into force on 2 February 2022. The new law refers to Implementing Regulations to be issued by the Ministry of Human Resources and Emiratisation, which will include additional explanatory provisions to the new law and also set out further frameworks. » Read More

UAE: Changes to Existing Immigration Practices are Anticipated under New Decree

The Entry and Residence of Foreigners Law introduces some variations to prevailing immigration practices and will repeal the current Federal Law, once in force. » Read More

For more information on these articles or any other issues involving labour and employment matters in the United Arab Emirates, please contact Rebecca Ford (Partner) at Clyde & Co at Rebecca.Ford@clydeco.ae or visit Website of Clyde & Co.

Back to Top ▲

UNITED KINGDOM • Clyde & Co

UK: National Minimum Wage - Vehicle and Uniform Rental Costs

Payments made by a taxi driver to rent his car and uniform should have been taken into account when deciding whether he had been paid the National Minimum Wage, says the EAT. » Read More

UK: Disability Discrimination and Paranoid Delusions

The Court of Appeal has upheld an employment tribunal's findings that an employee who suffered from paranoid delusions did not have a disability. » Read More

UK: Work from Home if You Can – Updated COVID-19 Advice for Employers

The UK government has announced that England will move to ‘Plan B’ in response to the risks of the Omicron variant. For employers in England, this means that since Monday 13 December office workers who can work from home should do so. Prime Minister Boris Johnson said, “Go to work if you must, but work from home if you can.” The governments in Scotland, Wales and Northern Ireland had already advised people to work from home, if possible, because of the Omicron variant. » 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.

Back to Top ▲

UNITED STATES • Jackson Lewis

USA: House Passes Build Back Better Act, Here’s What Employers Need to Know as It Goes to Senate

The U.S. House of Representatives has passed the Build Back Better Act, which comes on the heels of President Joe Biden signing into law the Infrastructure Investments and Jobs Act (IIJA), allocating $1.2 trillion in investments for various transportation, water, power and energy, environmental remediation, cybersecurity, and broadband initiatives. In comparison, the BBBA proposes $1.75 trillion in government spending, with an emphasis on social and climate goals. Within the bill’s 2,400-plus pages are both opportunities and obligations for employers. » Read More

USA: The Infrastructure Investment and Jobs Act - Key Takeaways for Employers

On 15 November 2021, President Joe Biden signed the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) into law. Of particular interest to employers in the construction, transportation, retail, manufacturing, and technology industries, during Fiscal Years 2022-2026, the IIJA will provide $550 billion in new investments for various initiatives. This article flags some of the important provisions in the IIJA for employers to consider. » Read More

USA: New COVID-19 Restrictions in Response to Omicron Variant

The Administration has imposed new restrictions beginning 29 November 2021 at 12:01 a.m. ET on individuals travelling to the United States from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe (the “South African restrictions”) in response to the appearance of the COVID-19 Omicron variant. These new restrictions have been described as precautionary and will remain in effect until terminated by the President. » 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.

Back to Top ▲
STAY INFORMED of the latest cross-border labour and employment law developments.
SUBSCRIBE NOW

This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice with regard to any specific case. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Action should not be taken on this document alone. For specific advice, please contact a specialist at one of our member firms or the firm that authored this publication.

L&E Global CVBA is a civil company under Belgian law that coordinates an alliance of independent member firms. L&E Global does not provide client services of any kind. Such services are solely provided by the member firms in their respective jurisdictions. In certain circumstances, L&E Global is used as a brand or business name in relation to and by some or all of the member firms. L&E Global CVBA and its member firms are legally distinct and separate entities. They do not have, and nothing contained herein, shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners or joint ventures. No member firm, nor the firm which authored this publication, has any authority (actual, apparent, implied or otherwise) to bind L&E Global CVBA or any member firm, in any manner whatsoever.

L&E Global - LinkedIn
L&E Global - Website
L&E Global - Twitter
Copyright © 2021 L&E Global, All rights reserved.