Impending Changes of Legislation

Filter Countries

UK: Bill voted on 30 November 2017 (Mémorial A 1032): Amendment to pre-retirement schemes

The new bill:

  • abolishes the pre-retirement -solidarity scheme (from 1st July 2018)
  • adapts pre-retirement-adjustment, pre-retirement for shift employees and progressive pre-retirement:
    • in principle: mandatory affiliation of 5 years with the company which applied for it
    • compensation is limited to 3 years and ends at the age of 63
For more information on these articles or any other issues involving labour and employment matters in United Kingdom, please contact Robert Hill, Partner at Clyde & Co (www.clydeco.com) at robert.hill@clydeco.com

UK: Grand-ducal regulation voted 15 December 2017 (Mémorial A 1084): Introduction of maximum financial contribution rate for the employer regarding external experts nominated by staff representatives

Since the law of 23 July 2015, the staff delegation has been able to designate an external expert.
The financial contribution of the company is for up to 1 expert and cannot exceed a certain percentage of the total number of employees registered with the CCSS (social security administration) for the previous year. The Grand-ducal regulation has now set this percentage at 0.10%.

For more information on these articles or any other issues involving labour and employment matters in United Kingdom, please contact Robert Hill, Partner at Clyde & Co (www.clydeco.com) at robert.hill@clydeco.com

UK: Bill number 7060 voted on 15 December 2017: Amendment of number of extraordinary leave days for personal reasons

Below is the list of leave days that are now applicable.

Extraordinary leave days:

  • “Paternity” leave in case of birth or adoption : 10 days (paid by the employer, 8 of which are refunded by the State) to take within 2 months after the birth or the adoption of the child
  • Marriage of the employee : 3 days (instead of 6)
  • 1 day for each parent in case of marriage or declaration of partnership of the child
  • Partnership declaration of the employee : 1 day (instead of 6)
  • Death of an underage child of the employee : 5 days (instead of 3)
  • Move: 2 days in a period of 3 years with the same employer.

Leave for family reasons (i.e. if a child is sick): except for certain special cases or serious illnesses, leave is now granted by age group:

  • 12 days for a child aged between 0 and less than 4 years old
  • 18 days for a child aged between 4 and less than 13 years old
  • 5 days for a hospitalized child aged between 13 and 18 years old.
For more information on these articles or any other issues involving labour and employment matters in United Kingdom, please contact Robert Hill, Partner at Clyde & Co (www.clydeco.com) at robert.hill@clydeco.com

UK: Employment Tribunals – quarterly statistics show a substantial increase in number of claims brought

The latest Employment Tribunal quarterly statistics show that the number of claims brought by a single claimant in the period July to September 2017 is up 64% on the same period in the previous year. This is the highest rate in four years and is likely to be explained by the abolition of Tribunal fees on 26 July 2017. However, the number of claims brought by multiple applicants decreased by 15%.

For more information on these articles or any other issues involving labour and employment matters in United Kingdom, please contact Robert Hill, Partner at Clyde & Co (www.clydeco.com) at robert.hill@clydeco.com

UAE: Ministerial Resolution No. 762 of 2017 on the Establishment and Licensing of Domestic Labour Service Centres

The new law established a regulatory framework for the licensing of domestic workers recruitment centres, called ‘Tad-Beer’ service centres. The new law sets out various criteria which applicants must satisfy in order to be licensed and various rules which the centre must adhere to when recruiting domestic workers. The new law complements the recently published domestic workers law, Federal Law No. 10 of 2017.

For more information, please contact L&E Global.

UAE: Ministerial Resolution No. 787 of 2017 Regulating Teleworking

Teleworking, as defined by the Resolution, is the concept of using information and communication technology (ICT) to work away from the regular place of work, whether on a daily, weekly or monthly part-time or full-time basis. Under the new law some UAE nationals will have the right to request that their employer consider facilitating teleworking. The right will only be vested in those UAE nationals under the jurisdiction of the Ministry of Human Resources and Emiratisation who have worked for the same employer for at least six months if employed on a full-time basis or at least one year if employed on a part-time basis.

For more information, please contact L&E Global.

UAE: Federal Law No. 17 of 2017 concerning entry and residence of foreign nationals in the UAE

The new law amends certain provisions of Federal Law No. 6 of 1973 with respect to entry and residence of foreign nationals.  In summary the new law addresses the following matters:

  • The ‘Federal Authority for Identity and Citizenship’ (FAFIC) and the ‘Chairman of the Board of Directors for the Federal Authority for Identity and Citizenship’ replace the ‘Ministry of Interior’ and the ‘Minister of Interior’ respectively;
  • Moving forwards, the Federal Authority for Identity and Citizenship is the authority authorised to issue visas and entry permits;
  • In order to validly enter the UAE, foreign nationals must enter and exit through approved ports, must hold a valid passport and must obtain a valid visa and entry permit;
  • Employers are required to register their foreign national employees’ basic data as per the executive regulations which are expected to follow;
  • The Chairman of the Board of Directors for the Federal Authority for Identity and Citizenship and the Federal Public Prosecutor are authorised to deport foreign nationals;
  • Undertaking the act of unlawful entry, smuggling, harbouring, accommodating illegal foreigners, aiding and abetting will attract various penalties as detailed in the law;
  • Further regulatory procedures are expected to follow to deal with the procedure for arrest and deportation of foreign nationals.

 

For more information, please contact L&E Global.

Saudi Arabia: Freelance system

The Ministry of Labour and Social Development has introduced a freelancer system for Saudi nationals. Saudi nationals wishing to avail of the system are required to register themselves on the Ministry’s portal, provide their details, including their national ID card, give a list of their skills set and provide details of the roles they wish to freelance in. The system will then generate a certificate which will allow individuals to freelance for various companies.

For more information, please contact L&E Global.

Poland: Restrictions on Sunday commerce

Commerce will be prohibited on Sundays in Poland. The draft an Act (currently being proceeded in Parliament’s) states that commerce will be gradually prohibited on Sundays:

  • from March 2018 commerce will be allowed on the first and last Sunday in the month plus two Sundays before Christmas and one before Easter,
  • from January 2019 – commerce shall be prohibited also on the first Sunday of the month,
  • from January 2020 – commerce shall be prohibited also on the last Sunday of the month, except the last Sunday of January, April, June and August.

The draft currently awaits the President’s signature and publication.

For more information on these articles or any other issues involving labour and employment matters in Poland, please contact A. Sobczyk & Wspólpracownicy

Poland: New types of residence permits

New types of residence permits (permits for internal movement within an enterprise and for purpose of permanent mobility within internal enterprise movement) will be available from 11th of February 2018. The purpose of the new permits is lack of necessity to obtain work permit in case of work in other EU countries. It is an implementation of Directive 2014/66/EU of the European Parliament and of the Council of 15 May 2014 on the conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer.

For more information on these articles or any other issues involving labour and employment matters in Poland, please contact A. Sobczyk & Wspólpracownicy