Argentina: Key Issues

1. As Covid-19 is no longer covered by the Labour Risk Law No. 24,557, the provisions of the Employment Contract Law are fully applicable in the case of sick employees who have tested positive for Covid-19.

Argentina: Covid-19 is No Longer Considered a Work-related Disease

Since 1 January 2022, and for almost every employee, Covid-19 is no longer considered as an "unlisted" professional disease. Consequently, employers could reasonably require employees to work remotely, if those employees with a positive diagnosis of Covid-19 do not have symptoms, discomfort or any pain that prevents them from working normally. » 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.

Australia: Key Issues

1. Permitting an employee’s employment to end can give rise to a dismissal under the FW Act, even if the employer was not directly responsible for the legal event causing the termination.

Australia: Court clarifies Dismissal Grounds for Union Employees and Elected Officials

In a broad case challenging the dismissal of two union employees and elected officials from their employment, the Federal Court of Australia has observed that a ‘dismissal’ for the purposes of the Fair Work Act 2009 “does not require the employer to pull the trigger but only to load the gun”. » 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.

Belgium: Key Issues

1. The urgent dismissal of employees not respecting the Covid-19 measures is acceptable.
2. The Minister of Work proposed an amendment of the qualification rules of the employment contract in order to make it easier to qualify platform workers as employees. The French speaking liberals are opposed to these changes.
3. The government is thinking of relaxing the telework rules, so telework will only be mandatory during 3 out of 5 days.
4. The French speaking socialists within the government are boycotting new rules to make e-commerce work more attractive (for employers).
5. Parents can take a brief paid leave to accompany their kids during their vaccination.
6. The staff of the federal government received the right to disconnect; there are plans to install a right to disconnect in the private sector.

Belgium: Tribunal Sanctions Employee’s Urgent Dismissal for Failure to Respect Covid-19 Measures

The Labour Tribunal of Brussels accepted the immediate dismissal of an employee, because he did not (correctly) wear his face mask and did not respect the social distancing measures. Consequently, as such behaviour makes any future collaboration impossible, the employer can lawfully terminate the employment contract without a notice period or compensation. » Read More

Belgium: What do you need to know about the new Belgian Labour Deal?

The Belgian Federal Government recently reached an agreement on the reform of the labour market. The deal includes various social policy measures, which will result in legislative changes in employment law. The measures are, for now, merely part of a political deal. The national social partners will still be asked to give their advice. Afterwards, the measures will then need to be transposed into legislation or national collective bargaining agreements. » 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.

Canada: Key Issues

1. The denial of services to a patient who was potentially exposed to Covid-19 did not amount to conduct that could be considered discriminatory.
2. Ontario is easing public health restrictions, while also providing support to businesses.
3. New decision adds to the ever-evolving jurisprudence associated with employer-mandated Covid-19 vaccination policies in unionised environments.

Canada: Denying Service to a Patient Presumed to have Covid-19 is Not Discriminatory – This Time

In a recent case, the Human Rights Tribunal of Ontario found that the denial of services to a patient who was potentially exposed to Covid-19 did not amount to discrimination under the Ontario Human Rights Code. » Read More

Canada: Ontario Easing Public Health Restrictions – The Path Forward

On 31 January 2022, the Government of Ontario began to gradually ease public health measures. Additional restrictions are expected to relax in February and March of 2022. Various forms of support for businesses will be available for those companies that had to close or reduce their capacity, due to public health measures. » Read More

Canada: Fairly Represented – Union’s Response to Mandatory Vaccination Policy was Not in Breach of Obligations

In a recent case, the Ontario Labour Relations Board confirmed that a union is entitled to communicate with members about the legal realities of mandatory Covid-19 vaccination policies, and is not necessarily obligated to file a grievance in response to an employer’s policy. This decision adds to the ever-evolving jurisprudence associated with employer-mandated Covid-19 vaccination policies in unionised environments. » 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.

Chile: Key Issues

1. To impede employees from taking a Covid-19 antigen test during working hours, is a violation of the employer's general duty to protect the life and health of its employees.

Chile: Authorisation for Antigen Sampling During Working Hours

Going for the antigen test without the employer’s authorisation could not be considered, by the employer, as an “unjustified or untimely departure or as an abandonment of work by the employee”. Therefore, terminating the employment contract for cause based on this absence, would not be in accordance with the law. » 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

China: Key Issues

1. Wrongfully terminated employee was found to still be entitled to annual bonus.
2. Tianjin publishes typical labour arbitration cases in 2021 for employers to reference, in order to better understand local judicial practices.

China: Wrongfully Terminated Employee was still Entitled to Annual Bonus

The Shanghai Intermediate People’s Court held that, although the employer prescribed that only current employees were qualified to receive an annual bonus, an employee who was wrongfully terminated by the employer was found to still be entitled to the annual bonus. » Read More

China: Tianjin releases Labour Arbitration Cases for 2021

The Tianjin Municipal Human Resources and Social Security Bureau recently released five typical labour arbitration cases for 2021, with the intent to improve the employment environment, better safeguard the interests of both the employer and employees, and preserve the harmony of employment relationships. » 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.

Dominican Republic: Key Issues

1. President Abinader removes restrictions for Covid-19 and says that taking care of oneself is an individual responsibility.

Dominican Republic: President Abinader announces the Suspension of all Restrictive Measures Imposed by Covid-19

On 16 February, the President of the Republic announced the suspension of all restrictive measures imposed by Covid-19. Therefore, it will be up to each individual to take care of themselves without restrictions. » 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.

European Union: Key Issues

1. Both the TPWC Directive and the Work-Life Balance Directive have to be transposed by the Member States by 2 August 2022.
2. Several Member States are lagging behind with the transposition of the Whistleblower Protection Directive.
3. Member States will take social measures in the framework of their recovery plans in order to receive EU loans and subsidies according to the NextGenerationEU strategy. These measures will be monitored by the Commission together with the European Semester.
4. The biggest Swedish Trade Union LO is threatening to leave the European Trade Union Confederation due to the discussion over the proposed Directive on adequate minimum wages, which is very unpopular among the Scandinavian countries due to their specific system of collective bargaining. Meanwhile, Germany has increased its statutory minimum wage.
5. The Court of Justice has ruled that a German collective bargaining agreement for temporary agency workers, which makes the payment of overtime based on the worked hours per month and which is dependent on the number of worked days per month violates the Working Time Directive, as this system provides an incentive to temporary agency workers to not take their paid leave as they will lose their right to overtime pay during that month according to the system. (CJEU 13 January 2022, C-514/20, DS / Koch Personaldienstleistungen GmbH).

EU: Both the TPWC Directive and the Work-Life Balance Directive are nearing Transposition Deadline in 2022

Two important directives, which entered into force under the Juncker Commission, are nearing their transposition deadlines. Both the Transparent and Predictable Working Conditions Directive (TPWC) and the Work-Life Balance Directive have to be transposed by the Member States by 2 August 2022. » 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.

France: Key Issues

1. The Montaigne Institute, aware that France's ability to resist within the global economy depends on its ability to meet changing skills needs, has formulated 16 proposals to meet the growing demands in terms of professional retraining.
2. New Obligations come into force concerning the ‘Document Unique d’Evaluation des Risques’.
3. An employer who does not react to a request to remove a photo from the company's website must compensate the employee.

France: Retraining - For the Better and For the Future

Over the next few years, career changes will only increase and the need for professional retraining of workers will escalate. In addition, the economic impact of the health crisis has already revealed the urgency of facilitating these transitions, otherwise both workers and the economy will suffer. Therefore, how to design employment and training policies where the evolution of the labour market will no longer be considered as a risk, but as so many opportunities to be seized? » Read More

France: New Obligations come into force concerning the ‘Document Unique d’Evaluation des Risques’

The law of 2 August 2021 reformed occupational health. Several obligations will be applicable from 31 March. The risk assessment system in companies has been strengthened: the “document unique” for assessing occupational risks must be updated every year and must be kept for 40 years to ensure collective traceability of these exposures. » Read More

France: Court of Cassation ruling regarding Infringement of Employee’s Image Rights

An employer who does not react to a request to remove a photo from the company's website must compensate the employee. » 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.

Germany: Key Issues

1. New case law on statutory minimum wage and internship.
2. Warning excludes dismissal for the same misconduct.

Germany: No Minimum Wage for Compulsory Internship linked to University Admission Requirements

According to the German Federal Labour Court, the statutory minimum wage does not apply to interns who complete a compulsory internship, which is a requirement for admission to a university course. » Read More

Germany: Conduct-related Dismissals cannot be Based on Reasons subject to a Prior Written Warning

Under German law, a conduct-related dismissal of an employee usually requires a prior written warning and a repeated violation of duties after receipt of such warning. The warning indicates that the specific misconduct to which the warning relates will not be followed by any further legal action (e.g. dismissal). Therefore, such misconduct is considered “used up” and cannot be grounds for a subsequent dismissal. » 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.

India: Key Issues

1. On implementation of the HCL Act, all eligible employers will be required to reserve 75% of all posts, with salary not more than INR 30,000, for local candidates in the State of Haryana.

India: Developments, Notifications and Exemptions under Haryana State Employment of Local Candidates Act

The Haryana State Employment of Local Candidates Act, 2020 is applicable to all private companies, societies, partnership firms, trusts, and any person employing 10 or more persons in Haryana. The Act requires such private sector employers to reserve 75% of job posts that offer a salary of not more than INR 30,000 for individuals who are domiciled in Haryana. » 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.

Italy: Key Issues

1. The so-called “Decreto Sostegni ter” includes amendments on social shock absorbers and an increase in funds allocated to support enterprises in industries closed due to Covid-19 (State Aid).

Italy: New Decree modifies the Regulations on Shock Absorbers and Expands State Aid

The Sostegni ter Decree (Law Decree n. 4/2022, the so-called “Decreto Sostegni ter”) has introduced numerous updates and modifications, including amendments to the provisions for the reorganisation of regulations on shock absorbers in addition to expanding State Aid in order to offer greater support measures for enterprises and activities that were severely impacted by the Covid-19 pandemic. » 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.

Luxembourg: Key Issues

1. The 3G Scheme, which was mandatory at the workplace since 15 January 2022, is now an optional scheme as of 11 February 2022.

Luxembourg: Optional 3G Scheme at the Workplace in effect as of 11 February 2022 

The Covid Law of 17 July 2020, as amended by the Law of 11 February 2022, turns the “3G” (vaccinated/recovered/tested) workplace scheme, which was mandatory since 15 January 2022, into an optional scheme. » 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.

Peru: Key Issues

1. New vaccination rules for employees who work on-site at the employer’s premises in effect as of 31 January 2022.

Peru: New Requirements to Work On-site at Company Premises

Employees are required to be fully vaccinated (one or two doses, depending on the applicable vaccine) in Peru or abroad, in order to be entitled to work on-site at the employer’s premises. This rule has been in force since 10 December 2021. In addition, as of 31 January 2022, the third dose or ‘booster dose’ will be required for workers over 40 years of age, who are clinically allowed to receive such a dose and who work in-person at specific places established by recent regulations. » 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.

Spain: Key Issues

1. New Royal Decree provides urgent measures regarding the employment reform. It is expected that the new rules will come into force on 30 March 2022.

Spain: New Provisions for Temporary Contracts

Following the derogation of the labour reform, new criteria have been established, such as in the case of temporary contracts. In order to avoid the temporary nature of contracts, priority is given to indefinite contracts. The contract of Works and Services is removed from the law, and fixed-term contracts are now only allowed in the certain cases. 
» 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.

Sweden: Key Issues

1. The Labour Court ruled that the employer was legitimately entitled to summarily dismiss a police officer who, during security screenings, withheld information regarding his contacts and association with individuals connected to a criminal network.

Sweden: Deliberately withholding Vital Information during Security Screenings is Grounds for Dismissal

The Police Authority summarily dismissed a police officer whose security clearance had been withdrawn. According to the Police Authority, during security screenings, the police officer had withheld information regarding his contacts and association with criminal individuals and the criminal network Bandidos. The Labour Court ruled that the Police Authority had legal grounds for the summary dismissal. » 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.

UK: Key Issues

1. Worker denied paid holiday entitled to unlimited carry forward of holiday pay.
2. Employment tribunal decisions in Covid-19 related cases.
3. Covid-19 update.
4. UK government launches consultation on disability workforce reporting.

UK: Employment Status – Unlimited Carry Forward of Holiday Pay

In a significant judgment for employers in the gig economy and beyond, the Court of Appeal has ruled that a worker is entitled to carry over four weeks per year of EU leave which has been taken but not paid because his employer didn’t recognise that he was a worker. » Read More

UK: Covid-19 related Employment Tribunal Decisions

In two recent decisions, an employment tribunal has ruled that a fear of Covid isn’t a protected belief under discrimination law, and another tribunal that an employee was fairly dismissed for breach of government lockdown guidelines. » Read More

UK: Covid-19 Update

The working from home guidance in England was withdrawn from 19 January 2022 and in Scotland, employees began a phased return to the workplace from 31 January 2022. In addition, changes have been made to the Statutory Sick Pay rules for smaller employers and the UK government is consulting on revoking vaccination as a condition of deployment in health and social care in England. » Read More

UK: Government has Launched a Consultation on Disability Workforce Reporting

The consultation on disability workforce reporting, launched on 16 December 2021, was promised as part of the National Disability Strategy published in July 2021. » 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.

USA: Key Issues

1. Congress passes new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable.
2. 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.
3. At the end of a complicated case, an employer obtained a nearly $7.5 million jury verdict in enforcement of restrictive covenant agreements and as a result of the unfair competition and breaches of the duty of loyalty of a former partner, sales manager, four former sales employees, and their new competing businesses. 

USA: Congress Passes Federal Law Restricting Arbitration Agreements for Sexual Assault, Harassment Claims

A new law making predispute arbitration agreements and class action waivers covering sexual assault and sexual harassment claims invalid and unenforceable has passed in Congress and is headed to President Joe Biden’s desk. » Read More

USA: Jump in Facial and Voice Recognition Raises Privacy, Cybersecurity, Civil Liberty Concerns

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: $7.5 Million Jury Verdict for Employer in Unfair Competition and Restrictive Covenant Case

At the end of a complicated case, an employer obtained a nearly $7.5 million jury verdict in enforcement of restrictive covenant agreements and as a result of the unfair competition and breaches of the duty of loyalty of a former partner, sales manager, four former sales employees, and their new competing businesses. » 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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