Argentina: New Telework Register

The Ministry of Labour has created a Telework Register under the terms of Section 18 of Law 27,555. This law also provides the access by trade unions to the data related to the number of teleworkers. » 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 www.allende.com.

Australia: Key Issues

1. Legislative reform recommended for national sex discrimination legislation
    
2. Proposed statutory duty of care to prevent sexual harassment from occurring in the workplace

Australia: Federal Government introduces major anti-discrimination reform through the new Respect at Work Bill

On 27 September 2022, the Federal Government introduced into Parliament the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022. If passed, the Bill will implement recommendations made in the Respect@Work Report to prevent and address sexual harassment in the 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 www.harmers.com.au.

Belgium: Benefits Paid to the Employees by Third Parties: Remuneration or Not?

In a case of 5 September 2022, the Cour de Cassation (Supreme Court) had to rule on the qualification as remuneration under Belgian social security law, concerning restricted stock units (RSU’s) awarded to the employees of Belgian companies by the American mother company of the employers. The Belgian National Social Security Office and the lower Courts were of the opinion that these RSU’s constituted wage, but the Supreme Court disagreed. » 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 www.vow.be.

Canada: Key Issues

1. Ontario’s Updated Public Health Guidance: What Does it Mean for Employers?
    
2. Court Refuses to Order Injunction Restraining Mandatory Vaccination Policy
    
3. Recent Amendments to the Competition Act Introduce New Criminal Offences, Increased Administrative Penalties, and More
    
4.  Minimum Wage Rates Across Canada to Increase on October 1, 2022

Canada: Ontario’s Updated Public Health Guidance: What Does it Mean for Employers?

The Ontario Government has updated its public health guidance regarding isolation if an individual is experiencing COVID-19 symptoms or has been exposed to a person who has tested positive for COVID-19. » Read More

Canada: Court Refuses to Order Injunction Restraining Mandatory Vaccination Policy

In Costa, Love, Badowich and Mandekic v Seneca College of Applied Arts and Technology, 2022 ONSC 5111, the Ontario Superior Court of Justice refused to order an injunction restraining Seneca College from enforcing its mandatory vaccination policy against students. The Court also held that Seneca College’s mandatory vaccination policy did not breach students’ rights under the Canadian Charter of Rights and Freedoms (the “Charter”). » Read More

Canada: Recent Amendments to the Competition Act Introduce New Criminal Offences, Increased Administrative Penalties, and More

On June 23, 2022, the Budget Implementation Act, 2022, No. 1, S.C. 2022, c. 10 (“Bill C-19”), received Royal Assent. Among other changes to various federal statutes, Bill C-19 makes significant amendments to the Competition Act, R.S.C., 1985, c. C-34 (the “Act”), including new provisions to criminalize business collusion amongst employers, clarify certain terms under the Act, and increase administrative monetary penalties. This article highlights the most important amendments to the Act for employers. » Read More

Canada: Minimum Wage Rates Across Canada to Increase on October 1, 2022

Effective October 1, 2022, the minimum wage rates in Ontario, Manitoba, New Brunswick, Newfoundland & Labrador, Nova Scotia, and Saskatchewan will be subject to increases. This article summarizes the forthcoming changes across each of these jurisdictions. » 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 www.filion.on.ca.

Czech Republic: Amendment to the Labour Code

A new amendment to the Czech Labour Code, which should introduce significant changes to remote work, delivery of specified documents, informing about the content of the employment relationship, and agreements on work performed outside an employment relationship, is currently in the legislative process. However, a large number of requirements for changes has already been submitted to this amendment, and therefore, its final wording is unpredictable at the moment. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Czech Republic, please contact Jan Koval (Partner) of Havel & Partners at jan.koval@havelpartners.cz or visit www.havelpartners.cz.

Dominican Republic: Compensation for Extraordinary Services

The employer must demonstrate overtime payment if the employee proves he has performed an extraordinary service outside of his working day. » 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 www.sys.do.

EU: Court of Justice Reaffirms its Views on Wearing Religious Signs at the Workplace

In a recent ruling of 13 October 2022, the Court of Justice of the EU had to answer the question whether a neutrality policy of a company which prohibits wearing religious, philosophical or spiritual signs at works constitutes a discrimination based on religion and belief under Directive 2000/78. In general, a neutrality policy is allowed if this applied in a general and undifferentiated way and if the employer can demonstrate a genuine need. » 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 www.vow.be.

France: Key Issues

1. Redundancy for economic reasons: necessary vigilance with regards to the economic redundancy rationale
    
2. Several projects are under consideration by the French Government
    
3. Exceptional release of employee savings up to €10,000 authorized by the Purchasing Power Act: employee information

France: Redundancy for economic reasons:  definition of economic difficulties

The absence of a drop in sales or orders is insufficient to rule out the existence of an economic rationale for dismissal. If the employer invokes the significant evolution of at least one of the other economic indicators listed by the French Labour Code or "any other element likely to justify these difficulties", the judge must take them into account. » Read More

France: Several projects are under consideration by the French Government

The “Labour Market” draft bill was adopted by the National Assembly on Tuesday the 11^th of October 2022. It notably deals with unemployment insurance, job abandonment, and professional elections. It is now set to be examined by the Senate. Where pension reform is concerned, consultations between unions and the government have begun. » Read More

France: Exceptional release of employee savings up to €10,000 authorized by the Purchasing Power Act: employee information

One of the many measures passed over the summer to promote purchasing power is the exceptional release of employee savings, capped at €10,000. The release must be requested by December 31^st, 2022, at the latest and the employer must inform the beneficiaries before October 16^th. » 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 www.flichygrange.com.

Germany: Key Issues

1. Legal Obligation for Employers to Establish System for Working Time Recording
    
2. New Case Law on the Forfeiture of Paid Annual Leave Entitlements

Germany: Legal Obligation for Employers to Establish System for Working Time Recording

The Federal Labour Court decided that employers are legally obligated to introduce a system for recording working time. » Read More

Germany: New Case Law on the Forfeiture of Paid Annual Leave Entitlements

If the employer fails to comply with his obligation to provide information on remaining leave entitlements to the employees and to request them to take their leave, entitlements to paid annual leave are not subject to standard limitation periods and neither do they expire because of longtime incapacity for work due to illness if they arise in a year in which the employee was not continuously incapable to work. » 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 www.pwwl.de.

India: High Court’s position on the employer-employee relationship

The High Court of Delhi, on September 01, 2022, determined that in freelancing, there is no master-servant relationship and therefore, there is no employer-employee relationship. » 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 www.induslaw.com. 

Italy: Amendments to Regulation against Offshoring: Costly and Longer Procedure

The Italian government tightens up the rules on collective layoff for the shutting down of business of large companies. The new amendments brought some important changes in regulation adopted to discourage offshoring. » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Angelo Zambelli (Partner) of Zambelli & Partners at angelo.zambelli@zambellipartners.com or visit www.zambellipartners.com/en/. 

Poland: The Supreme Court case law allows sobriety tests even before the awaited changes to the Labour Code

According to the opinion of the Polish GDPR supervising authority and the Labour Inspectorate, as well as the case-law thesis of the Supreme Court from December 2018, only the Police have the competence to test an employee's sobriety based on the current wording of the provisions of law. Because of this, a law is being drafted to empower employers to conduct sobriety checks on employees. However, a verdict of the Supreme Court form April 2022 allows employers to conduct sobriety checks even without waiting for the new law. » 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 www.sobczyk.com.pl.

Spain: The statutory entitlement to adjust the working day conferred on employees by the Workers' Statute does not constitute an unconditional right for the employee

Judgment of the High Court of Justice of the Canary Islands dated September 12, 2022, whereby it is established that if the employee has previously requested an adjustment or modification of his/her working day, a change in his/her family circumstances must be proved in order to be granted a different schedule adjustment. » 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 www.suarezdevivero.com.

Sweden: Legislative changes to the Swedish Employment Protection Act applicable

Legislative changes to the Employment Protection Act (Sw. Lag (1982:90) om anställningsskydd) includes new regulations regarding, inter alia, termination of employment, exemptions from the order of priority, costs during disputes regarding the validity of a termination, special fixed-term employment and temporary agency work. The changes have entered into force and are applied since 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 www.cederquist.se.

United Kingdom: Key Issues

1. Age discrimination: Marginal age difference
    
2. Disability discrimination: Long-Covid
    
3. Unfair dismissal: Breach of equality, diversity and inclusion policy
    
4. Brexit: Retained EU Law Bill

United Kingdom: Age discrimination: Marginal age difference

The Employment Appeal Tribunal has ruled that age discrimination can arise where there is only a small difference in age between the person treated less favourably and their comparator. » Read More

United Kingdom: Disability discrimination: Long-Covid

An employment tribunal has ruled that an employee who caught COVID-19 two and a half weeks before her dismissal wasn’t disabled at the relevant time. » Read More

United Kingdom: Unfair dismissal: Breach of equality, diversity and inclusion policy

An employment tribunal has ruled that an employee was unfairly dismissed for being overheard making negative comments at the end of an online diversity and inclusion webinar on "white privilege". » Read More

United Kingdom: Brexit: Retained EU Law Bill

The Retained EU Law (Revocation and Reform) Bill, also known as the “Brexit Freedoms Bill”, was published on 22 September 2022. The Bill makes provision for significant changes to the current status, operation and content of retained EU law. » 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) of Clyde & Co at Robert.Hill@clydeco.com or visit www.clydeco.com.

USA: Key Issues

1. Quiet quitting and What Employers Can Do About It
    
2. DHS Publishes Final Rule Restoring Asylum Regulations
    
3. What’s Old is New Again: Labor Department Flip-Flops on Independent Contractor Analysis

USA: Quiet Quitting and What Employers Can Do About It

“Quiet quitting” is the newest coined phrase that has burst onto the workplace scene. Not to be confused with the “great resignation,” quiet quitting is commonly understood to mean employees intentionally prioritizing the minimum requirements of their job and nothing more. No going above and beyond, working overtime, accepting extra job tasks and responsibilities, and certainly not doing so without something in return such as additional compensation or a pathway to advancement. » Read More

USA: DHS Publishes Final Rule Restoring Asylum Regulations

The Department of Homeland Security (DHS) is officially reinstating the 2020 asylum rules in light of the court decision that said they were invalid. » Read More

USA: What’s Old is New Again: Labor Department Flip-Flops on Independent Contractor Analysis

The U.S. Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM), seeking to revise the standard for determining whether a worker is an employee or “independent contractor” under the Fair Labor Standards Act (FLSA). » 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 www.jacksonlewis.com.

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