Argentina: Key Issues

1. Employers should consider granting maternity leaves in cases of surrogacy.

Argentina: Maternity Leave in Cases of Surrogacy

The Court agreed to grant the leave to the mother who was waiting for her baby through a surrogate mother, arguing that the main purpose of the leave is to provide children with the first necessary care after birth, guaranteeing the integration of the whole family and the affective bonding of the children with the parents. » 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. Victorian Government responds to recommendations made by Ministerial Taskforce on workplace sexual harassment. Proposed reforms to restrict the use of non-disclosure agreements in workplace sexual harassment cases. Victorian Government endorses recommendation that sexual harassment be treated as a workplace health and safety issue.

Australia: Restricting Non-Disclosure Agreements for Workplace Sexual Harassment Cases

Employers in one Australian State may be restricted in using non-disclosure agreements to silence sexual harassment victims in an Australian first under a Victorian Government’s reform measure to curb workplace misconduct. Significantly, the Victorian Government has also signalled support to ensure workplaces treat sexual harassment as an occupational health and safety issue. » 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.

Austria: Key Issues

1. Although there is currently no draft legislation in Austria regarding the implementation of the EU Directive on Transparent and Predictable Working Conditions, employers must be aware of the duties under the Directive and implement necessary changes in their HR work.

Austria: Implementation Status of EU Directive on Transparent and Predictable Working Conditions

The Directive (EU) 2019/1152 on transparent and predictable working conditions in the European Union aims to harmonise the minimum requirements on working conditions throughout the EU. Here we explain what this could mean for employers in Austria. » Read More

For more information on these articles or any other issues involving labour and employment matters in Austria, please contact Dr. Anna Mertinz (Partner) of KWR Karasek Wietrzyk Rechtsanwälte GmbH at anna.mertinz@kwr.at or visit Website of KWR.

Belgium: Key Issues

1. The concept of the “place where the employee habitually works” should not be interpreted in a purely quantitative way, as in the place where the employee works the majority of his time. On a separate note, the Labour Deal is about to be approved by the Federal Parliament, read more about the content here.

Belgium: How to Find the Place Where the Employee Habitually Works

The concept of the “place where the employee habitually works” is an essential concept for determining which employment law is to be applied and which jurisdiction is competent. According to a recent case of the Belgian Supreme Court, this concept should not be interpreted in a purely quantitative way, as in the place where the employee works the majority of his time. » 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.

China: Key Issues

1. China releases new regulation on cross-border transfer of data.
2. China eases quarantine period for inbound international travelers.

China: Releases New Regulation on Cross-border Transfer of Data

The Cyber Administration of China recently released the Regulation on Security Appraisal for Cross-border Transfer of Data, which has been formulated to further regulate cross-border data transfers and promote the free and secured flow of data » Read More

China: Eases Quarantine Period for Inbound International Travelers

The National Health Commission has announced a plan to reduce the quarantine period for inbound international travelers from 14 days of centralised quarantine plus 7 days of home-based health monitoring, to 7 days of centralised quarantine plus 3 days of home-based health monitoring. » 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.

Colombia: Key Issues

1. Labour law implications due to the end of the health emergency in Colombia.

Colombia: Certain Labour Measures will Lose their Validity with the Termination of the Health Emergency

The national government announced that the health/sanitary emergency ended on Thursday 30 June 2022, stating that there were no longer epidemiological reasons to maintain it. Considering that during the pandemic situation a series of measures were issued in labour matters conditioned by the duration of the health/sanitary emergency, it is important to highlight those measures that companies should review, as they will no longer be in force from 1 July 2022. » 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

Dominican Republic: Key Issues

1. To fulfill its duty, the employer must report these concepts (ordinary salary, commissions, and vacation payments) to the Dominican Social Security System (SDSS).

Dominican Republic: Contributable Salary to the Social Security System

For contributions to Social Security, the income that will form part of the contributory salary will be the following: ordinary salary, commissions and vacation payments. » 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. The prohibition of discrimination on the basis of age is also applicable to the elected president of a trade union.

EU: CJEU confirms Broad Scope of Anti-Discrimination Rules

The Court of Justice of the European Union has recently judged that the prohibition of discrimination on the basis of age enshrined in Directive 2000/78/EG is also applicable for the elected president of a trade union. » Read More

For more information on these articles or any other issues involving labour and employment matters in European Union, please contact Chris Van Olmen (Partner) of Van Olmen & Wynant at chris.van.olmen@vow.be or visit Website of Van Olmen & Wynant.

France: Key Issues

1. A variety of labour and social questions are addressed in a new wealth/purchasing power bill that should soon be debated in Parliament.
2. Employees who were not expressly refused time off by their employers may consider that they have obtained said employers’ authorisation to take the leave they requested.

France: Government releases Legislative Proposal regarding Wealth/Purchasing Power

The contents of the newly formed Government’s project regarding wealth/purchasing power have been revealed. A legislative proposal containing emergency measures for the protection of wealth/purchasing power has been in the works for several weeks. This bill addresses a wide variety of labour law related issues and is set to be debated in Parliament this July. » Read More

France: Supreme Court reasserts its position regarding Leave Requests

The French Supreme Court recently ruled that where employers do not expressly refuse a request for time off, they are deemed to have accepted it. If an employee asks for time off, the absence of an answer from his or her employer is equivalent to an agreement from said employer. Where employers intend to refuse requests for time off, they must therefore do so in an explicit way. » 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. Back to the digital stone age: New Verification Act comes into force on 1 August 2022 and triggers the need for change with regard to all German employment contracts.

Germany: The Amended Verification Act enters into Force on 1 August 2022

The amended Verification Act forces employers in Germany to provide extended information on essential contractual conditions in writing (pen & paper!) to their employees to avoid the risk of a fine of up to EUR 2,000.00 per case. » 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. Shops and establishments employing 10 or more persons are allowed to remain open throughout the day on all days of the year, subject to the certain conditions.

India: Tamil Nadu Government permits Shops and Establishments to Remain Open throughout the Day

The Government of Tamil Nadu has extended its previous order to permit shops and establishments employing 10 or more persons to remain open throughout the day on all days of the year, subject to the certain conditions. It is advisable for employers to conduct a periodic due diligence to ensure that they are complying with the new conditions. 
» 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.

The Netherlands: Key Issues

1. It’s a fact: the first judgment regarding termination on the ‘f-ground’.
2. The Transparent and Predictable Employment Conditions Act will take effect on 1 August 2022.
3. The Supreme Court made clear that the loss of the right to a transitional payment is only possible in exceptional cases. Whether this is the case must be assessed on a case-by-case basis.

The Netherlands: First Judgment regarding Termination on the ‘F-Ground’

An employer can only terminate an employment agreement if there is a reasonable basis to do so. One of these grounds is the so-called ‘f-ground’: the refusal of the employee to perform the stipulated work due to a serious conscientious objection. Since the introduction of the system of reasonable grounds in 2015, there has been no judgment in which a termination was awarded on the f-ground. This has changed with a recent judgment of a subdistrict court. » Read More

The Netherlands: Transparent and Predictable Employment Conditions Act enters into force on 1 August 2022

The Transparent and Predictable Employment Conditions Act will take effect on 1 August 2022. The main changes that will take place include: i) Employees with an unpredictable work pattern can from now on request work with more predictable and certain times from the employer; ii) As of 1 August 2022, there must be an objective justification for maintaining the ancillary activities clause; iii) An employer can no longer recover the cost of mandatory courses from the employee through a study costs clause; and iv) From now on, a short reference to dismissal law must be included in the employment contract of employees. » Read More

The Netherlands: Supreme Court rules on the Exception to the Granting of a Transition Payment

Transgressive behaviour in relationships of dependence does not provide a rule of thumb for seriously culpable behaviour. » 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.

Spain: Key Issues

1. In certain circumstances and if the employee consents, the use of WhatsApp for work-related information would not violate the employee’s privacy or his right to digital disconnection.

Spain: Court rules on the use of WhatsApp to Inform Employees of Work-Related Issues

Using WhatsApp to inform employees of certain work-related issues does not always violate the right to digital disconnection, data protection, privacy and intimacy. » 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 dismissal of an employee with a disability can be considered as being based on objective grounds and non-discriminatory, if the employer has taken necessary measures to make the employee’s work situation easier and the employee is not able to perform work of any significance to the employer.

Sweden: Dismissal of an Employee with a Disability can be Non-discriminatory if based on Objective Grounds

The dismissal of an employee who has multiple sclerosis was based on objective grounds and did not constitute discrimination. » 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.

Switzerland: Key Issues

1. The Swiss Federal Supreme Court confirms that Uber should be treated as an employer.
2. Switzerland extends the “no-impact policy” for remote workers until the end of 2022.
3. Companies that have received short-time work compensation (KAE) in the summary procedure in 2020 and 2021 can now submit a request for a review of their KAE entitlements for this period.
4. The Swiss Canton of Basel-City introduces a statutory minimum wage of CHF 21 (approx. US $22) per hour.

Switzerland: Swiss Federal Supreme Court confirms Employer Status of Uber

Switzerland’s Federal Supreme Court recently upheld a ruling that Uber should be treated as an employer, rejecting Uber’s attempt to overturn a Geneva Court verdict. » Read More

Switzerland: Flexible Application of the Social Security Rules for Remote Workers extended until end of 2022

Switzerland will continue a flexible application of the social security rules for remote workers until the end of 2022. The extension of the so called “no-impact policy” allows frontier workers to continue to work from home without becoming subject to social security in their country of residence, even if they work from home for more than 25% of the time. » Read More

Switzerland: Retroactive Payments for Vacation and Public Holiday Entitlement for the Years 2020 and 2021

Based on a decision of the Swiss Federal Supreme Court, a vacation and public holiday component can be claimed retroactively for employees on monthly wages. » Read More

Switzerland: Basel-City to become the fifth Swiss Canton with Statutory Minimum Wage

A statutory minimum wage of CHF 21 per hour applies in the Canton of Basel-City from 1 July 2022. The Government Council of the Canton of Basel-City has enacted the law, which was approved by the electorate in June 2021. Basel-City is the first German-speaking Swiss Canton with a statutory minimum wage, following the example of Geneva, Neuchâtel, Jura and Ticino. » Read More

For more information on these articles or any other issues involving labour and employment matters in Switzerland, please contact André Lerch (Partner) of Humbert Heinzen Lerch at lerch@hhl-law.ch or visit Website of Humbert Heinzen Lerch.

UK: Key Issues

1. Whether long-Covid symptoms amount to a disability.
2. Calculating compensatory awards in unfair dismissal claims.
3. Unlawful inducement to bypass collective bargaining.
4. Proposed changes to industrial action rules to allow businesses to supply agency workers.

UK: Disability Discrimination - Long-Covid

An employment tribunal has ruled that an employee with long-Covid symptoms was disabled under the Equality Act 2010. » Read More

UK: Unfair Dismissal - Compensatory Awards

The Employment Appeal Tribunal has ruled that when calculating compensatory awards in unfair dismissal claims, any payments the employer has already made to the employee will be deducted from the overall award before the statutory cap is applied. » Read More

UK: Collective Bargaining

The Employment Appeal Tribunal found that it was an unlawful inducement for an employer to impose a pay increase on employees at a time when pay negotiations with the trade union were at an impasse but hadn’t been exhausted. » Read More

UK: Changes to Industrial Action Rules

UK Government announces plans to allow businesses to supply agency workers to plug staffing gaps during industrial action and increase to £1 million the potential liability of trade unions for calling unlawful strike action. » 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. Investment, private equity, and real estate fund managers should consider becoming familiar with the complex final regulations on the preferential tax treatment of “carried interest” under Section 1061 of the Internal Revenue Code that are generally effective for taxable years beginning on or after January 1, 2022.
2. In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty. Such treaty countries offer an additional avenue to find skilled, non-professional employees.
3. Dobbs overturns nearly 50 years of precedent on the issue and states are now at liberty to enforce and create abortion legislation without restrictions arising out of constitutional protections. Whether changes to leave policies, employee benefits, travel reimbursement, or handling accommodation requests, employers considering policies or benefit offerings in response to Dobbs must carefully review and consider federal and state laws, including state abortion-related legislation to evaluate the risk of potential liability.

USA: Carried Interest/Promote in 2022 - Action Items for Investment, Private Equity, Real Estate Fund Managers

Learn more with regard to the preferential treatment of carried interests; the Tax Cuts and Jobs Act; exceptions; and final regulations and action items. » Read More

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

Most companies in the manufacturing industry are facing worker shortages in skilled, but not necessarily professional, positions, requiring creative solutions to source additional talent including, for example, by utilizing international investments from “treaty countries.” Certain foreign-owned manufacturing companies in the United States may be able to source additional labor from a previously untapped talent pool and hire skilled labor from abroad. » Read More

USA: U.S. Supreme Court Overturns Roe and Casey - What This Decision Means for Employers

As many expected based on the draft opinion that was leaked months ago, the U.S. Supreme Court has held the U.S. Constitution does not protect the right to obtain an abortion. » 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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