Argentina: All Employees can be Requested to Attend to their Workplace

The National Government ordered that all the employees can be requested to attend to their workplace to do on-site work. » 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: Full Court clarifies when an Employee’s Right to Make a Complaint or Inquiry is Protected under Workplace Relations Legislation

In Australia, it is unlawful to take “adverse action” against a person for exercising a “workplace right”, which is defined to include the making of a “complaint or inquiry”. There has been some uncertainty about the extent of that provision. The Full Federal Court of Australia has handed down a decision that provides clarity on the circumstances in which an employee’s complaint or inquiry amounts to an exercise of a workplace right and is protected under the Fair Work Act 2009 (Cth), the primary legislation regulating employment and workplace relations in Australia. » 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: Upcoming Changes in Employment Law

On Tuesday 12 October, the Belgian federal government presented its budget for 2022. The negotiations between the governing parties resulted in a list of measures regarding employment law, which will have to be laid down in the legislation during the coming months. We give a concise overview below. » 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: Federal Employers must post Pay Equity Notice by 1 November

Federally-regulated employers with 10 or more employees must post pay equity notices in their workplaces by 1 November 2021. » Read More

Canada: OHRC issues Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccine Certificates

On 22 September 2021, the Ontario Human Rights Commission (“OHRC”) issued a policy statement on COVID-19 vaccine mandates and proof of vaccine certificates. The policy statement brings welcome clarity to the Government of Ontario’s provincial vaccination certificate program (which came into effect on the same date), in addition to providing useful guidance for employers on the topic of mandatory vaccination policies. » Read More

Canada: Much Needed Relief for Ontario Employers: Court Upholds “Just Cause” Clause

In the recent decision, the Ontario Superior Court of Justice was tasked with determining whether the “just cause” provision of an employment agreement was unenforceable in the face of the Court of Appeal’s decision in Waksdale. Justice Sean F. Dunphy distinguished the Waksdale decision, finding that it is not necessary or appropriate to apply a strict or adverse construction to the phrase “just cause” in every case, particularly where the employer and the employee had equal bargaining power in the negotiation of the employment agreement. » 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: Definition Of Main Company In Subcontracting Services Scheme

Supreme Court establishes a broader definition of main company in a subcontracting services scheme. » 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: Written Agreement that Employee’s Salary includes Overtime Pay is Valid

The Shanghai No. 2 Intermediate People’s Court conducted a comprehensive evaluation of the case facts and held that the employer and employee’s written agreement in advance, that the salary included overtime pay was valid, and thus rejected the employee’s claim for overtime pay. » Read More

China: Guidance issued to Promote the Application of Electronic Employment Contracts

The Department of Human Resources and Social Security of Jiangsu Province released new Guidelines to promote the use of electronic employment contracts and standardise the administration of electronic employment contracts. » 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: New Tax Reform has direct effects on Colombian Labour Law

The new ‘Law of Social Inversion’ has set fiscal measures to articulate austerity and efficiency of the State, to assist the economic and social consequences generated by the COVID-19 pandemic. » Read More

Colombia: PAEF extends the Benefits of Subsidies for Dependent Workers

Faced with the health contingency generated by the pandemic of COVID-19 and severe economic consequences, the Government developed salary subsidy programs for companies in the country. Now, through the Tax Reform (‘Law of Social Inversion’), the extension of the PAEF program has been introduced, giving greater access to new beneficiaries. » 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: Employers are Responsible for ensuring Employees Contribute to the SDSS

In a recent decision, the Third Chamber of the Supreme Court of Justice established that employers are responsible in the case of workers who do not have a regular migratory status and cannot affiliate to the Dominican Social Security System. » 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.

EU: European Social Partners cannot force the Commission to take Legislative Action

In the EPSU Case, the Grand Chamber of the Court of Justice had to decide whether the European Treaties should be interpreted in a way, that the Commission must implement a framework agreement negotiated by the European social partners, when the latter requests it. » 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: Companies Required to Invite Employee to Preliminary Meeting Before issuing Written Warning

While in general an employer is not obliged to invite an employee to a preliminary meeting before issuing a written warning, the French Supreme Court has recently ruled that this is mandatory for companies subject to collective bargaining agreements that provide that an employee must have been subject to 2 prior disciplinary measures, before the employer can dismiss them. » Read More

France: Law allowing Prolongation of Health Pass System is Currently being Examined by the French Parliament

As a reminder, the existing employment rules resulting from the Covid-19 state of emergency, which includes the requirement for certain employees to hold a Health Pass and the possibility for employers to have recourse to long-term Short-Time Work (“APLD”) is due to expire on 15 November 2021. A bill is currently before Parliament to extend these rules until 31 July 2022. » 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: No Continued Payment of Remuneration for Unvaccinated Employees due to Covid-19 Quarantine

From 1 November 2021 onwards, employees in Germany who are not vaccinated against Covid-19, are no longer entitled to continued payment of their remuneration, if they must go into quarantine due to an official order. » Read More

Germany: Inappropriate Comments in a Private Chat as a Reason for Dissolving the Employment Relationship

The technical director of a non-profit association had been dismissed, because of very derogatory and contemptuous comments in a WhatsApp chat, about refugees and people working in refugee aid. The dismissal was deemed ineffective, but the labour court nevertheless dissolved the employment relationship against a severance payment at the employer’s request, as it found that no further prosperous collaboration between the parties could be expected. » 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.

Italy: Possession of COVID-19 Green Certification is Required to Enter the Workplace

After long political debates, the Green Pass obligation for accessing the workplace, both in the public and private sector, has been approved by the Government. » 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: Introduction of the Covid check in companies

Since 19 October 2021, employers have the possibility to introduce the Covid check scheme within their company. It belongs to the employers to assess the "necessity" of introducing such a scheme in order to "protect the safety and health of the workers concerned". From 1st November 2021, employers in the HORECA sector will be obligated to implement the Covid check 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.

Netherlands: Summary of Recent Employment Law Developments

In the past month, there have been several labour and employment law developments, chief among them: i) Act on a more balanced men-woman ratio; ii) Act on paid parental leave; and iii) COVID-19 updates. » 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.

Poland: Are Employers Ready to Implement Whistleblower Laws?

In October, the Polish government published its assumptions to the draft law implementing the EU Whistleblowers Directive. There is not much time left, as the deadline for implementing the EU legislation expires on 17 December 2021. But are the obliged entities ready? » 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.

Romania: New Minimum Wage to apply starting January 2022

The new level for the general gross minimum wage for a full-time employee was set by the Government at 2.550 RON (approximately Euro 515) starting 1 January 2022. » Read More

Romania: Emergency Ordinance amends the Labour Code and introduces new Provisions on “Under-declared” Employment

Emergency Government Ordinance No. 117/2021, modifies the Labour Code and introduces the new notion of “under-declared” employment, a new form of undeclared employment, and new rules on how employers can compensate overtime with paid time off. The ordinance also introduces new administrative fines. » Read More

For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu & Asociatii at magdavolonciu@volonciu.ro or visit Website of Magda Volonciu & Asociatii.

Russia: Occupational Safety Amendments will come into force on 1 March 2022

On 1 March 2022, amendments to the Labour Code of the Russian Federation concerning occupational safety will come into force. » Read More

Russia: Approval of the Draft Law on Electronic Document Flow is Postponed 

The draft law which was planned for enactment as of 16 November 2021, establishes the possibility and mechanisms for the use of work-related documents in electronic form without duplicating them on paper. Currently it is proposed to extend the discussion period for amendments to the bill. » Read More

Russia: New Case Law on Agreement to Terminate an Employment Contract

Courts are forming a new position regarding the dismissal of an employee by termination agreement. Thus, the decision of the Second Court of Cassation of General Jurisdiction on 27 July canceled the agreement of the employee and the employer. » 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.

Spain: Supreme Court permits Change of Workplace without any Effect on the Employee's Residence 

The transfer of an employee to a work center 50 km away from the previous working center, does not necessarily imply 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.

Sweden: New Whistleblowing Act strengthens the Position of Persons Reporting on Workplace Irregularities

A new Whistleblowing Act based on the EU directive on the protection of persons who report breaches of Union law, was passed by the Swedish Parliament and is set to enter into force on 17 December 2021. » 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: Discrimination: Disability associative discrimination

An employment tribunal ruled that an employee, who was not disabled but was the carer for her disabled mother and employed on a homeworker contract, suffered indirect associative discrimination when her request to continue working from home was denied. » Read More

UK: Disability discrimination: Menopausal symptoms

The Employment Appeal Tribunal considered an appeal against a tribunal ruling that an employee with menopausal symptoms was not disabled. » Read More

UK: Flexible working – UK government consultation

The UK government has published a consultation document proposing reforms to the current right for employees to request flexible working, taking into account changes in working practices brought about during the COVID-19 pandemic. » Read More

UK: Carer’s leave – UK government response to consultation

The UK government has confirmed that it will introduce a new statutory right of up to one week of unpaid carer's leave. » 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: COVID-19 Vaccine Requirements Will Apply to Broad Swath of Federal Contractors and Their Employees

Federal contractors and subcontractors were left with a lot to consider last Friday (September 24, 2021), when the Safer Federal Workforce Task Force issued COVID-19 Workplace Safety Guidance implementing President Joe Biden’s Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors” (Order). » Read More

USA: Vaccine Mandates Don’t Eliminate the Duty to Bargain in Unionized Workplaces

While employers must take many legal issues into consideration when determining whether to mandate COVID-19 vaccination or testing, the issue becomes even more complex for employers with unionized employees. » Read More

USA: Immigration Considerations for Foreign Property Developers Looking to Enter U.S. Market: L-1 Route

The average American may not know that some of the largest real estate developments in recent history were completed by foreign real estate companies, such as Hong Kong- and London-based Swire Properties, Toronto-based Oxford Properties, and South Korea-based Hanjin Group. » 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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