Argentina: Key Issues

1. On 30 June 2022, the last phase of the gradual reduction of the double severance compensation for dismissal without cause will come to an end.

Argentina: The End of the Double Severance Compensation

As of 30 June 2022, not only will it be possible to terminate employment relationships without cause, but it will also be possible to terminate such employment without having to pay the increased severance payment.
» 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. National minimum wage and modern award minimum wage increase to commence 1 July 2022 (save for certain award-covered employers in the hospitality, tourism and aviation industries, who have a delayed commencement on 1 October 2022).

Australia: Minimum Wage Increased by 5.2% in Annual Wage Review 2021-22 Decision

The Fair Work Commission handed down a decision earlier this month that increased the national minimum wage by 5.2% and modern award minimum wages by 4.6% subject to a minimum increase for adult award classifications of $40 per week. The strengthening of the labour market and a sharp increase in the cost of living were cited by the Commission as significant economic changes between this year and last year weighing in favour of this decision. » 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 so-called “office compensation” of 10% of the normal gross remuneration payable to teleworkers for days worked remotely, has been discontinued.

Belgium: Updates regarding the Telework Cost Compensation

Until 1 June 2022, teleworkers could receive a cost compensation of 10% of the normal gross remuneration for the days worked remotely. The National Office for Social Security has now decided to discontinue the use of this option, except for teleworkers who were already compensated on the basis of this system and on the condition that their employment contract does not change. » 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.

Brazil: Key Issues

1. Brazilian Supreme Federal Court rules that mass termination of employees should be subject to prior discussion with the union.

Brazil: Mass Termination of Employees should be Subject to Prior Discussion with the Union

On 8 June 2022, the Brazilian Supreme Federal Court rendered a decision establishing that mass termination of employees should be subject to prior discussion with the employees’ union, although it is not too dependent on union’s consent or execution of a collective bargaining agreement about the matter. » 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.

Canada: Key Issues

1. Labour Relations Board provides insight into statutory interpretation related to Infectious Disease Emergency Leave entitlements.
2. Court of Appeal upholds just cause termination for single incident of workplace sexual harassment.
3. Labour Board redefines what it means for a contractor to be a specialty scaffolding contractor, a major departure from prior rulings and a significant change to construction-related labour law.
4. Public Health order mandating COVID-19 vaccinations supports decision to terminate employment.

Canada: New Insight into Statutory Interpretation Related to IDEL Entitlements

The paid Infectious Disease Emergency Leave (IDEL) provisions of the Employment Standards Act, 2000 should be interpreted in a manner consistent with the legislative purpose of paid IDEL — namely, to respond to the needs of employees and alleviate the disruption caused by the COVID-19 pandemic. » Read More

Canada: Court Upholds Just Cause Termination for Single Incident of Workplace Sexual Harassment

Court of Appeal decision affirms that even a single incident of workplace sexual harassment may amount to just cause for termination. However, Ontario’s highest court has also signaled that, depending on the particular circumstances, employers may still owe termination pay under the Employment Standards Act, 2000 to employees who have committed such misconduct. » Read More

Canada: Labour Board Finds Specialty Contractors Can Play the Field

Recent decision redefines what it means for a contractor to be a specialty scaffolding contractor. This is a significant change for construction labour law, as it departs from the previous perception that a contractor must perform “nothing but scaffolding” to be considered a specialty scaffolding contractor. The decision also clarifies the difference between scaffolding tending work and general tending work. » Read More

Canada: Public Health Order Mandating COVID-19 Vaccinations Supports Decision to Terminate Employment

An employee was dismissed after she repeatedly refused to take a COVID-19 vaccine and indicated that she had no intention of ever becoming vaccinated. In response to her termination, the Union filed a grievance alleging unjust discharge. This grievance was dismissed by the arbitrator. » 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. Labour aspects contained in the proposed new draft Constitution will be submitted for a national and mandatory referendum on 4 September 2022.

Chile: New Draft Constitution’s Impact on Labour 

In October 2020, a referendum was held in Chile leading to a national and mandatory referendum scheduled for 4 September 2022 to either approve or reject the new draft Constitution. A Constitutional Convention was elected, composed of 155 persons expressly devoted to proposing a draft Constitution within the 1-year term that is set to expire on 4 July 2022. » 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. Termination for being registered with former employer was held to be unlawful.
2. Government releases Official Guidance on handling Covid-19 pandemic-related employment disputes.

China: Employee Terminated for being Registered with Former Employer Ruled Unlawful

Shanghai Court held that the employer’s termination of employment merely based on the employee having been registered as the responsible person for one branch office of the employee’s former employer, was wrongful. » Read More

China: Official Guidance is released on Handling Covid-19 Pandemic-related Employment Disputes

The Shanghai High People’s Court and the Shanghai Municipal Human Resources and Social Security Bureau jointly published the Replies to Several Questions on Dealing with Pandemic-related Employment Disputes, which provides official guidance on employment management during a pandemic. » 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. New law makes the use of ITCs in legal proceedings a permanent disposition.

Colombia: Permanent Use of ITCs in Legal Proceedings now Sanctioned by Law

Law 2213, issued on 13 June 2022, makes the temporary use of ITCs during the Covid-19 pandemic a now permanent disposition in legal proceedings in order to streamline judicial processes. » 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. It is not recommended to hire foreign employees if they lack a valid passport, work visa and residence permits, as such requirements grant them regular immigration status and the ability to be registered with the Dominican Social Security System.

Dominican Republic: New Criteria for Employers Hiring Foreign Nationals

Change of criteria regarding foreign workers who do not meet the requirements to regulate their immigration status. » 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. Provisional agreements reached on adequate minimum wages and gender balance in corporate boardrooms.

EU: Deal Reached on New EU Rules for Adequate Minimum Wages and Gender Balance in Corporate Boardrooms

The European Parliament and the EU Council reached two critical agreements in the beginning of June that could lead to new and important EU legislative measures in the near future. These provisional agreements concern two major (and controversial) matters on the Commission’s agenda: adequate minimum wages and gender balance in corporate boardrooms. » 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. Labour and social reforms are expected to take place as a result of the French presidential elections.
2. The question of the impact of an employee’s misrepresentation of his post-contractual intentions on the validity of the termination of his employment contract by mutual agreement.
3. The Ministry of Labour provides details regarding certain occupational health visits.

France: The Newly Formed Government’s Labour and Social Projects

Following the presidential elections, in which Emmanuel Macron was re-elected President of France, it is anticipated that the new ministers will introduce a large number of often highly sensitive social reforms in the upcoming months. » Read More

France: Misrepresentation or Deceit May Render the Termination by Mutual Agreement Null and Void

Misrepresentation by a party may render the termination by mutual agreement of an employment contract null and void, where the other party would not have entered into the agreement had there not been deceitful behaviour. » Read More

France: Ministry of Labour publishes Q&A on Occupational Health

The Ministry of Labour recently published a Q&A that serves as a reminder about the legal rules that govern occupational health. The following topics were addressed: the so-called “information and prevention” medical visit, the lapse of time between two medical visits, the medical visit that occurs when an employee resumes work after being absent, medical unfitness assessments and employee-requested medical visits. » 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 mass redundancy notification.
2. Termination without notice because of fake proof of corona recovery.

Germany: Information that Should be provided to Authorities is Not required for the Notification to be Valid

According to the German Federal Labour Court, the absence of optional information in a notification of mass redundancy does not affect its validity. This is also in accordance with the ruling of the European Court of Justice. » Read More

Germany: Fake Proof Of Corona Recovery can Justify a Termination Without Notice

The submission of a fake proof of recovery as a substitute for the daily test or vaccination certificate can constitute grounds for termination without notice. Such behavior represents a significant breach of contractual duties. » 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.

The Netherlands: Key Issues

1. The employer cannot use the non-competition clause to bind his employees, even if the employer would like to do so due to scarcity on the labour market.
2. According to the Advocate General, the legal relationship between Deliveroo and its meal delivery workers should be qualified as an employment contract, instead of a contract for services.

The Netherlands: Non-Competition Clauses Cannot be used to Bind Employees in a tight Labour Market

Recent studies have shown that employers use the non-competition clause as a means of binding employees to their company. The Supreme Court ruled that the non-competition clause is not intended for this purpose, even in times of a tight labour market. » Read More

The Netherlands: Advocate General considers whether Meal Delivery Workers are Employed under an Employment Contract

On 17 June 2022, Advocate General ('AG') De Bock advised the Supreme Court by means of her opinion on the interpretation and qualification of the agreements between Deliveroo and its meal delivery workers. The AG considers the interpretation of the criterion ‘employed by’ and the meaning of the free replacement clause to be particularly relevant. » 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.

Peru: Key Issues

1. Government authorises employees to freely withdraw CTS deposits, entirely (100%) or partially, until 31 December 2023.
2. The Labour Inspection Superintendency has approved a new protocol to inspect sexual harassment in the workplace.
3. In the event that the affiliate or beneficiary to EsSalud is pregnant, the right to coverage (medical and economic benefits) will be granted immediately upon membership.

Peruvian Government Authorises Withdrawal of Length of Services Compensation

Government authorises employees to withdraw CTS deposits, entirely (100%) or partially, until 31 December 2023. » Read More

Peru: New Protocol to Inspect Sexual Harassment in the Workplace

The Labour Inspection Superintendency has approved a new protocol to inspect sexual harassment in the workplace and that in the execution of the inspection, the acting inspector will specifically seek to avoid re-victimisation. » Read More

Peru: Immediate Coverage granted to Pregnant Employees affiliated with the Public Social Security System

Government establishes that pregnant employees have automatic coverage of medical and economic benefits granted by the public social security system (EsSalud), as from the beginning of their labour relationships. » 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 studio Muñiz.

Poland: Key Issues

1. At present, the minimum wage is PLN 3010 gross and, according to estimates, this is what some 2.2 million Poles earn. This means that just over a year from now, Polish workers will receive over PLN 400 (gross) more.

Poland: Minimum Wage to Rise Twice in 2023

The minimum wage will increase twice in 2023. The government has adopted a draft law on the matter. The first one is to come into force in January and according to it, Poles are to earn at least PLN 3,383 gross. The second one will come into force in July and will increase the minimum salary to PLN 3,450 gross. » 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.

Spain: Key Issues

1. Employees working remotely are not entitled to a transportation bonus foreseen in the applicable collective bargaining agreement.

Spain: Employees Working Remotely are Not Entitled to a Transportation Bonus foreseen in the related CBA

The judgment of the Supreme Court dated 1 June 2022, establishes that the transportation bonus contemplated in the applicable collective bargaining agreement does not have to be paid to employees who work remotely. » 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. Legislative changes to the Swedish Employment Protection Act entail, inter alia, that all employers may exempt three employees from the order of priority and that general fixed-term employments will transfer into indefinite employments after twelve months, instead of after two years.

Sweden: Legislative Changes to the Swedish Employment Protection Act

The latest legislative changes to the Employment Protection Act consist of new regulations regarding, inter alia, termination of employment, exemptions from the order of priority, costs during disputes regarding the validity of a termination, general fixed-term employment and temporary agency work. The changes will enter into force on 30 June 2022 and be applied from 1 October 2022. » 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. For the first time, the Court of Appeal has dealt with appeals concerning the application of IR35.
2. Requesting voluntary redundancy does not necessarily preclude employees from bringing a successful unfair dismissal claim; in such cases, the tribunal will consider whether the redundancy process and reason for redundancy were fair.
3. EAT case confirms that health and safety reasons relating to Covid-19 could be relevant to giving employees protection from dismissal, but that every case will need to be considered on its facts and merits. 
4. The Queen’s Speech 2022 did not contain any announcement about the Employment Bill.
5. The government has announced a new Statutory Code to protect employees from “fire and rehire” tactics to change employment terms.
6. The government has launched a consultation on mental health and wellbeing outcomes, seeking ideas on how employers can support and protect their employees’ mental health.

UK: IR35 - Off-Payroll Working

The Court of Appeal considered a case involving a radio presenter who was engaged under arrangements which HMRC considered were caught by the IR35 rules. » Read More

UK: Unfair Dismissal - Redundancy

The EAT ruled that a tribunal was wrong to strike out an unfair dismissal claim by an employee who volunteered for redundancy. » Read More

UK: COVID-19 - Staying Away from Work

The EAT ruled that an employee was not automatically unfairly dismissed for leaving work and refusing to return at the start of the first COVID-19 national lockdown. The tribunal was entitled to find on the facts that the employee did not have a reasonable belief that he was in "serious and imminent" danger. » Read More

UK: Horizon Scanning - The Queen’s Speech 2022

The Queen’s Speech 2022 did not contain any announcement about the Employment Bill. » Read More

UK: Changing Employment Terms - New Statutory Code

The government has announced a new Statutory Code to protect employees from “fire and rehire” tactics to change employment terms. » Read More

UK: Mental Health and Wellbeing

The government has launched a consultation on mental health and wellbeing outcomes, seeking ideas on how employers can support and protect their employees’ mental health. » 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. Using treaty of commerce and navigation visas as a possible option for manufacturing companies searching for talent is a great way for manufacturing companies to explore. Companies with affiliates abroad have another option: the L-1 visa.
2. Notwithstanding federal, state, and local privacy and cybersecurity laws that may apply, employers may generally use artificial intelligence, data analytics, and other software and technologies to track remote workers.
3. A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court.

USA: Transferring Talent from Facilities Abroad as Option for Skilled Workers for Manufacturing Companies

Using treaty of commerce and navigation visas as a possible option for manufacturing companies searching for talent is a great way for manufacturing companies to explore. Companies with affiliates abroad have another option: the L-1 visa. » Read More

USA: Can Employers Use Artificial Intelligence and Data Analytics to Track Remote Workers?

Notwithstanding federal, state, and local privacy and cybersecurity laws that may apply, employers may generally use artificial intelligence, data analytics, and other software and technologies to track remote workers. » Read More

USA: U.S. Supreme Court Holds Waiver of Arbitration Rights Does Not Require Showing of Prejudice

A party is not required to show prejudice to establish that an opposing party has waived its right to arbitrate by litigating in court, the U.S. Supreme Court has held in a unanimous decision. » 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.

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.