Argentina: Key Issues

1. The creation of a transitory residence for the so-called "digital nomads".

Argentina: Digital Nomads

The purpose of the transitory residence is to attract those foreign nationals from countries that do not require a tourist visa to enter Argentina, who, due to their profession can travel and work from anyplace in the world – providing services remotely for individuals or legal entities domiciled abroad – and who have decided to settle in the country. » 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. Legislative reform recommended for national sex discrimination legislation and proposed statutory duty of care to prevent sexual harassment from occurring in the workplace.

Australia: Positive Duty to Prevent Sexual Harassment in the Workplace yet to be Legislated, but some Employers are already Ahead of the Game

In March 2020, the Australian Human Rights Commission published its Respect@Work Report, making 55 recommendations to the Commonwealth Government (as well as states and territories, employers and industry groups) to prevent and address sexual harassment in the workplace. The focus of many of the recommendations were on workplace prevention and response. However, so far this has not been the focus of legislative enactment of recommendations, with the effect that there is still a long way to go before the true spirit of the Respect@Work Report is fully embedded into the culture of all Australian workplaces and institutions.  In saying this, there are some employers that understand that they already have a positive duty under the Work, Health and Safety legislation, as well as recognising the importance of leading the way, by taking proactive steps to prevent sexual harassment in their workplace. » 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. The Austrian Wage and Social Dumping Act stipulates many administrative duties and regulations if companies with their seat in EU countries deploy their employees to Austria (even if this deployment is only for a short time).

Austria: Update on Cross-Border Staff Deployment

Cross-border staff deployments from EU countries to Austria entail a large number of administrative obligations for the companies involved. The Austrian Wage and Social Dumping Act stipulates many administrative duties and regulations if companies with their seat in EU countries deploy their employees to Austria (even if this deployment is only for a short time). » 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. There are several major reforms and innovations of Belgium employment law on its way.

Belgium: Overview of upcoming social Belgian legislation

The Belgian government is currently working on several important new and amending laws and rules regarding employment law. Below, we provide a concise overview and an estimated timeline for their implementation. » 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. New record-keeping requirements, administrative penalties, and more.
2. Arbitrator finds vaccination policy did not violate the charter.
3. Bill 88 passes third reading.
4. Out with the Old COVID-19 regulations.

Canada: Recent Amendments to the Canada Labour Code Regulations: New Record-Keeping Requirements, Administrative Penalties, and More

In the March 16, 2022 issue of the Canada Gazette, the Federal Government filed the Regulations Amending Certain Regulations Made Under the Canada Labour Code, SOR/2022-41 (the “Amending Regulation”). The Amending Regulation amends the Canada Labour Standards Regulations, the Standards for Work-Integrated Learning Activities Regulations, and the Administrative Monetary Penalties (Canada Labour Code) Regulations (collectively, the “Regulations”) to align them with recent changes to the Canada Labour Code (the “Code”).
The most significant changes to the Regulations include:

• The addition of record-keeping requirements for federally-regulated employers;
• An expansion of the administrative penalties for non-compliance with the aforementioned record-keeping requirements; and
• An extension of the deadlines, under very limited circumstances, for filing complaints under the Code.

» Read More

Canada: Arbitrator Finds Vaccination Policy Did Not Violate the Charter

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

Canada: Bill 88 Passes Third Reading

Revisions to the Bill include expanded requirements relating to the disclosure of performance rating information to digital platform workers » Read More

Canada: Spring Cleaning: Out with the Old COVID-19 Regulations

Efective 27 April 2022, the Ontario Government will revoke almost all remaining COVID-19-related regulations and orders under the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. However, in an effort to manage the current wave of COVID-19, existing provincial masking requirements in specific public settings have been extended until 11 June 2022. The Chief Medical Officer of Health’s directives also currently remain in effect until 11 June 2022. With the removal of these last restrictions, the Ontario Government intends to turn to other measures in its efforts to protect Ontarians and limit hospital visits. These measures include mask requirements in high-risk settings, reliance on fourth doses of COVID-19 vaccines, and expanding access to antiviral treatments. » 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. New deadline to comply with electronic registration of most of the labour documents, until June 2023.

Chile: New Deadlines for complying with Electronic Labour Registry Obligation 

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

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

China: Key Issues

1. Termination for employee’s not reporting cross-provincial trip was held as legitimate.
2. Guangdong launched special operation to crack down on social insurance violations.

China: Termination for Employee’s not Reporting Cross-provincial Trip Was Held as Legitimate

Shanghai Yangpu District People’s Court held that the employer’s termination of employment based on employee’s not reporting cross-provincial trip during the pandemic prevention and control period was legitimate. » Read More

China: Guangdong Launched Special Operation to Crack Down on Illegal Participation in and Supplementary Contribution of Social Insurance

The Human Resources and Social Security Department of Guangdong Province decided to launch a special operation across the whole province to crack down on illegal participation in and supplementary contribution of social insurance which will last till December 2022. » 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 og Zhong Lun Law Firm.

Dominican Republic: Key Issues

1. An increase of 24% in the minimum wage for construction workers, of which 21% began to be applied on 1 May, and an additional 3% in October.

Dominican Republic: 24-percent Increase in the Minimum Wage for Construction Workers

President Luis Abinader and the Minister of Labour, Luis Miguel De Camps, announced on 18 April an increase of 24% in the minimum wage for construction workers, of which 21 % began to be applied on 1 May, and an additional 3% in October. » 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. Proposed Directive introduces a rebuttable presumption to determine the correct employment status workers.

EU Parliament Clashes Over Platform Workers Directive

In December 2021, the EU Commission proposed a Directive to offer more protection to platform workers. One of the main innovations of this proposed Directive is the introduction of a rebuttable presumption to determine the correct employment status workers. If the platform workers meet at least two of the five criteria listed, it is legally presumed to be an employer. » 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. Law to strengthen occupational health prevention.
2. 100€ inflation indemnity.

France: Law to Strengthen Occupational Health Prevention

In addition to changes in occupational health services, and reinforcement of medical check-ups, the law increases the employer’s “risk assessment duty” and enlarges the definition of sexual harassment. » Read More

France: 100€ Inflation Indemnity

In order to help French nationals and residents deal with the economic hardship resulting from high inflation over the last quarter of 2021, the government has implemented an inflation allowance, i.e. an exceptional aid of €100 for the most vulnerable, to be financed by the State. The employer is required to pay the inflation allowance to eligible staff in December 2021 or by January 2022 at the latest. » 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. The burden of proof in court proceedings regarding remuneration for overtime remains unchanged also in light of the 2019 ECJ ruling on recording of working time: Employees still have to show and prove that they have worked extra hours with the employer’s (implied) approval.
2. Dismissal without notice due to forged proof of vaccination.

Germany: Federal Labour Court on the Burden of Proof in Litigation regarding Remuneration for Overtime

The 2019 ECJ ruling on the recording of working time currently remains without impact on German overtime litigation. Unlike a first instance German court had assumed, the employee’s burden of proof in overtime litigation remains unchanged according to the Federal Labour Court: Employees must show and prove that they have worked extra hours and that the employer has either ordered or (conclusively) approved this. » Read More

Germany: Forged Certificate of Covid-19 Vaccination Justifies Dismissal Without Notice

An extraordinary dismissal may be justified if an employee presents a forged proof of a Covid-19 vaccination. However, since the statutory provisions that made Covid-19 vaccination, recovery or testing mandatory have ceased to apply, such a dismissal is subject to much higher legal requirements. » 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. Employers should take into consideration the nature of pleadings in a claim for back wages by an employee in a wrongful termination suit.

India: Obligation on an Employee while Making a Claim for Back Wages

The Supreme Court of India, on 22 April 2022, has determined that in the first instance, there is an obligation on the part of the employee whose services have been terminated and intends to claim back wages from the employer, to plead that she/he is not gainfully employed somewhere else. Only then, the burden would shift upon the employer to make an assertion and establish that the workman has been  gainfully employed. » 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. Under certain circumstances, an employer may have an interest in changing an employee’s employment conditions.
2. An employer’s failure to meet the reassignment obligation cannot be remedied in the proceedings for termination before the subdistrict court.
3. Bill on corona entry pass in the workplace (in Dutch: Wet CTB op de werkvloer) will be repealed.
4. Bill to implement the European Directive on transparent and predictable working conditions (Directive (EU) 2019/1152) has been passed by the House of Representatives. If the Senate also votes in favour, the law will (for the most part) enter into force immediately on 1 August 2022. The Directive extends, among other things, the duty of employers to inform employees about details of their employment contract. The Directive also contains minimum rights of employees, including the right to work for another employer without detrimental treatment outside working hours. ‘Mandatory’ training must also be offered to employees free of charge.

The Netherlands: Is the employer entitled to change employment conditions unilaterally?

Under certain circumstances, an employer may have an interest in changing an employee’s employment conditions. In principle, a change in the employment conditions requires that the parties reach an agreement. If the parties can’t reach an agreement, an employer has several possibilities to change the employment conditions unilaterally. Read in this blog more about changing the employment conditions unilaterally. » Read More

The Netherlands: Failure to Meet Reassignment Obligation cannot be fixed during Court Proceedings!

On 15 March 2022, the Court of Appeal determined that an employer’s failure to meet the reassignment obligation cannot be remedied in the proceedings for termination before the subdistrict court. The employer must therefore have already complied with the reassignment requirement before the subdistrict court decides on the request for termination. If not, the request for termination must be rejected. » 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.

Sweden: Key Issues

1. Intrusive behaviour from an employee with a disability did not entail that the employer had legal grounds for summary dismissal due to the specific assignment of the state-owned company.

Sweden: Court Rules on Intrusive Behaviour as Legal Grounds for Summary Dismissal

Higher demands can be placed on a state-owned company employing people with disabilities than on other employers when it comes to taking measures to remedy shortcomings in an employee's behaviour before dismissing the employee, provided that the employee's behaviour is related to his or her disability. » 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.

USA: Key Issues

1. President Biden has signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The Act amends the Federal Arbitration Act (FAA) to give employees who are parties to arbitration agreements with their employers the option of bringing claims of sexual assault or sexual harassment to court. The Act applies to all claims that arise or accrue after March 3, 2022, regardless of the date of the agreement at issue. 
2. In light of continuing workforce shortages and ever-changing legal requirements, manufacturers may find they need to review and change their hiring standards and criteria. Background checks, regulated by the Fair Credit Reporting Act (FCRA), are the traditional means to assist in ensuring quality hires. Manufacturers should closely monitor the impacts their policies may have on applicants to avoid unintentionally disparate outcomes when examining and making hiring determinations based on applicants’ backgrounds. 
3. The Davis-Bacon Act was created in 1931 to require contractors and subcontractors performing on federally funded or assisted contracts for the construction, alteration, or repair (including painting and decorating) of public buildings or public works to pay employees wages and benefits locally “prevailing” for similar work on projects in the area. Historically, the Davis-Bacon Act has applied only to onsite construction work. The DOL’s proposed rule includes changes to long-standing definitions that would significantly expand the coverage of the Davis-Bacon Act to reach work not previously covered or for which coverage was not always clear. Some offsite manufacturing or fabrication of building materials could be affected by the proposed revisions to the “site of the work” requirement. The DOL has invited interested persons to submit written comments to the proposed rulemaking by May 17, 2022.

USA: President Biden Signs Law Limiting Arbitration Agreements for Sexual Assault, Harassment Claims

The Act signed into law by President Biden, amends the Federal Arbitration Act (FAA) to give employees who are parties to arbitration agreements with their employers the option of bringing claims of sexual assault or sexual harassment either in arbitration or in court. » Read More

USA: Sands Shift for Background Screening for Manufacturers

Manufacturing employees have a hand in everything that our country produces. Naturally, manufacturers want to know their employees are reliable and trustworthy. Manufacturers are taking steps, including background checks, to ensure a single hire does not inadvertently cause liability. » Read More

USA: Construction: Labor Department Proposes Rule to Expand Coverage of Davis-Bacon Act and Regulations

The U.S. Department of Labor (DOL) has announced proposed rulemaking to update and expand the prevailing wages and other regulations under the Davis-Bacon Act, which applies to federal and federally assisted construction projects. » 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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