Employment Law Tracker

 

Filion Wakely Thorup Angeletti & L&E Global are pleased to present you with the most recent employment law updates for April 2018.

 

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Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: Family Violence Leave Entitlements on the Horizon A Fair Work Commission decision has triggered changes which will result in millions of employees receiving five days of unpaid family and domestic violence leave per year. » Read More

Upcoming International Events: Australia: Webinar: Finding and Applying Modern Awards – Date: 6 June 2018 – 1pm to 1.30pm Australia’s unique system of Modern Awards is a cause of considerable confusion and uncertainty, and finding the right Award can be tricky. » View Event

Australia: NES Explained: Part 2 – Date: 2 May 2018 – 1pm to 1.30pm The ten National Employment Standards (NES) form the foundation of Australia’s workplace relations system. This webinar explores the final five NES, and explains how they work in the real world. » View Event

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For more information on these articles or any other issues involving labour and employment matters in Australia, please contact Michael Harmer, Partner at Harmers Workplace Lawyers (www.harmers.com.au) at michael.harmer@Harmers.com.au.

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Belgium | Van Olmen & Wynant

Other Observations: Belgium: New notice periods coming up The new notice periods will be effective as of 1 May 2018. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Belgium, please contact Chris Van Olmen, Partner at Van Olmen & Wynant (www.vow.be) at chris.van.olmen@vow.be.

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Canada | Filion Wakely Thorup Angeletti

Latest Case Law: Canada: Ontario Court Awards $20 Million in Damages Against Former Employee for Breach of Fiduciary Duties In June 2016, Dirk Plate was convicted of fraud in a multi-million dollar overbilling scheme involving his employer, Atlas Copco Canada. Inc. Mr. Plate was sentenced to five years in prison for his involvement in the scheme, which involved the misappropriation of funds from Mr. Plate’s employer through the use of false advances of bonuses, approvals of illegitimate expense reimbursements and inflated and/or false invoices. In March 2018, a Toronto judge ruled in favour of Mr. Plate’s former employer in a civil action against Mr. Plate, the former General Manager (and later, Vice-President) of the Construction and Mining division at the company’s Sudbury, Ontario office. The Court found that Mr. Plate had been a fiduciary of the company, and that he had breached that duty when he became aware of the fraud scheme, benefitted from it and allowed it to continue. Accordingly, Mr. Plate was found liable for all damages incurred by the company during the period that Mr. Plate was aware of the fraudulent scheme, a sum of $20 million. » Read More

Impending Changes of Legislation: Canada: Workers who receive legal medical assistance in dying as a result of a work related injury or disease will be deemed to have died as a result of the work related injury or disease. On April 5, 2018, the Workplace Safety and Insurance Board (the “WSIB”) published a new policy, entitled “Medical Assistance in Dying”. The new policy provides that if a worker receives medical assistance in dying as a result of a work related injury or disease in accordance with federal and provincial law, the worker will be deemed to have died as a result of the work related injury or disease. » Read More

Other Observations: Canada: Ontario Government Proclaims Significant Amendments Regarding Workplace Safety and Insurance Costs and Penalties for Clients of Temporary Help Agencies The Ontario government has now proclaimed Schedule 5 of Bill 18 (also known as the Stronger Workplaces for a Stronger Economy Act, 2014, S.O. 2014, c. 10). This Schedule will require the Workplace Safety and Insurance Board to “ascribe injuries and accident costs to the clients of temporary help agencies”, rather than to the temporary help agencies themselves. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Canada, please contact Robert Bayne, Partner at Filion Wakely Thorup Angeletti (www.filion.on.ca) at rbayne@filion.on.ca.

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China | Zhong Lun Law Firm

Latest Case Law: China: Employee Was Held Not Liable for Company’s Economic Loss Suffered due to Criminal Fraud The Court Held that the Employee Was Not Liable for Being Frauded by Criminals and Causing Economic Loss to the Company. » Read More

Other Observations: China: Proposition to Speed up Legislation on Personal Information Protection Was Made to the Highest Legislative Body National People’s Congress Representatives and the Chinese People’s Political Consultative Conference Members Have Proposed to Speed up Legislation on Personal Information Protection » Read More

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For more information on these articles or any other issues involving labour and employment matters in China, please contact Carol Zhu, Partner at Zhong Lun Law Firm (www.zhonglun.com) at carol.zhu@zhonglun.com.

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France | Flichy Grangé Avocats

Latest Case Law: France: The timeline for consulting the works council on the strategic orientation doesn’t begin if the database has not been provided The works council must take a decision within a certain period when it is consulted on the strategic orientations. In the absence of an opinion within this period, he is deemed to have been consulted and to have given a negative opinion. But beware, the consultation period runs from the date when the works council has been able to make a decision by being sufficiently informed. Hence the importance of thoroughly informing and updating the database of each company, which includes all the information necessary for the works council consultations. » Read More

Impending Changes of Legislation: France: Macron’s reform deemed constitutional by the Conseil Constitutionnel The Macron ordinances of September 23, 2017, which reform many areas of French labor law, only had until now a regulatory value. Since March 31, 2018, they have become part of the Labor Code and have acquired the status of law. Among the flagship measures are the increased importance of collective bargaining at a company level, the recourse to the collective mutually agreed terminations and the establishment of the CSE, the new and simplified staff representation body. » Read More

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For more information on these articles or any other issues involving labour and employment matters in France, please contact Joël Grangé, Partner at Flichy Grangé Avocats (www.flichygrange.com) at grange@flichy.com.

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Germany | Pusch Wahlig Legal

Latest Case Law: Germany: Obligation to assign different role in case of redundancy The Federal Labour Court ruled that if it is possible to assign a different contractual activity, an employer cannot refuse to fulfil its obligation to employ an employee in a specific role under a final court judgment by arguing that such original role has been eliminated. » Read More

Germany: Termination agreement with works council member no prohibited favouritism The Federal Labour Court ruled that the conclusion of a termination agreement with a works council member, which includes a severance payment, does not generally constitute prohibited favouritism even where the employer had originally intended to terminate the works council member’s employment for cause due to serious misconduct. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Germany, please contact Dr. Tobias Pusch, Partner at Pusch Wahlig Legal (www.pwlegal.net) at pusch@pwlegal.net.

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India | IndusLaw

Impending Changes of Legislation: India: Increase in the maximum limit of gratuity payable to employees The maximum limit of gratuity payable to employees has been increased to INR 20,00,000 (Indian Rupees Twenty Lakhs) from INR 10,00,000 (Indian Rupees Ten Lakhs) in the private sector in order to bring them at par with some of the Central Government employees. » Read More

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For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas, Partner at IndusLaw (www.induslaw.com) at avik.biswas@induslaw.com.

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Italy | LABLAW - Studio Legale

Latest Case Law: Italy: monitoring power and investigation agencies, new Court ruling on the topic. Court of Cassation confirmed that the company is legitimate to carry out investigations on employees only if they do not result in monitoring the employees’ performance of working activity. » Read More

Italy: First Italian ruling on the Gig Economy: Foodora’s riders are independent contractors and not employees. Court of Turin rejected the appeal brought by six Foodora riders against the most famous German food delivery company, Foodora. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Luca Failla, Partner at LABLAW – Studio Legale (www.lablaw.com) at l.failla@lablaw.com.

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Luxembourg | KLEYR ❘ GRASSO

Impending Changes of Legislation: Luxembourg: Law of 8th April 2018 amends Labour Code The new law of 8th April 2018 aims to make numerous amendments to the Labour Code in order to improve the protection of the rights of employees and the effectiveness of employment measures. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Jungers, Partner at KLEYR ❘ GRASSO (www.kleyrgrasso.com) at christian.jungers@kleyrgrasso.com.

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Mexico | De La Vega & Martinez Rojas S.C.

Impending Changes of Legislation: Mexico: Senate Approval of the Integral and Progressist Treaty of the Trans-Pacific Association (‘TPP-11’) The Ministry of Economics is pleased with the Senate’s approval of the Integral and Progressist Treaty of the Trans-Pacific Association (‘TPP-11’). The new treaty will become effective within 60 days following the approval and notification of either 6 or 50 percent of the signatory countries. According to the Ministry, TPP-11’s approval will strengthen Mexico’s commercial leadership across the globe. » Read More

Mexico: The secondary law on labor matters, aimed to implement the constitutional reform published in the Official Gazette on February 24, 2017, is still pending for the Senate’s discussion and approval The secondary law on labor matters, aimed to implement the constitutional reform published in the Official Gazette on February 24, 2017, is still pending for the Senate’s discussion and approval. On the other hand, within the context of the North America Free Trade Agreement (NAFTA)’s renegotiations, the United States of America and Canada have severely criticized Mexico due to its low salaries, the existence of ‘non-active CBAs’ or ‘drawer contracts’, the lack of a real union representation and the absence of independent labor justice, all wrongful trade practices that have refrained the labor reform. According to the President of the Senate’s Labor and Social Security Commission, an extraordinary session period is expected to have place between July and August 2018 for the labor law to be approved, and the replacement of Conciliation and Arbitration Labor Boards by labor courts will be gradual. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Mexico, please contact Oscar De La Vega, Partner at De La Vega & Martinez Rojas S.C. (www.dlvmr.com.mx) at ODelaVega@dlvmr.com.mx.

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The Netherlands | Palthe Oberman

Latest Case Law: The Netherlands: Supreme Court – Entitlement to transition payment also possible in the event of instant dismissal The establishment of the existence of a compelling reason does not mean that the dismissal is due to serious imputable acts or omissions on the part of the employee. » Read More

The Netherlands: Highest fair compensation ever awarded: €530,000! The employer has breached the reinstatement obligation. » Read More

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For more information on these articles or any other issues involving labour and employment matters in the Netherlands, please contact Christiaan Oberman, Partner at Palthe Oberman (www.paltheoberman.nl) at oberman@paltheoberman.nl.

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Norway | Storeng, Beck & Due Lund (SBDL)

Impending Changes of Legislation: Norway: Proposal on new regulation regarding hiring of labour Proposals on prohibition of so-called “Zero-hour”-contracts and restrictions on hiring of workers in the construction industry. » Read More

Norway: Committee on whistleblowing publishes its review and evaluation of current legislation A government-established committee proposes changes in the whistle-blowing legislation. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Kari Andersen, Partner at Storeng, Beck & Due Lund (www.sbdl.no) at kari.andersen@sbdl.no.

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Romania | Magda Volonciu and Associates

Latest Case Law: Romania: The Supreme Court issued a new decision stating the period the Security Fund can make payments to the employees of a company in case of insolvency In order to ensure a safety option in case of insolvency, companies contribute to a Security Fund that can substitute itself to the employer in case of insolvency and pay the salaries to the employees affected by the insolvency. The Supreme Court was called to issue a general decision on the period the Fund can make these payments. » Read More

Impending Changes of Legislation: Romania New changes in the Labour Code targeting undeclared employment In a continuous effort to further reduce undeclared employment, a new law has introduced a series of changes into the Labour Code. New rules on the registration of the individual employment agreement and new sanctions on disregarding the rules imposed by the Labor Code were introduced. » Read More

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

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Spain | Bufete Suárez de Vivero, S.L.

Latest Case Law: Spain: How to calculate the computation of paid leaves The Supreme Court recognizes that the paid leaves will begin to be counted from the first business day after the causal event, even if this happens during a public holiday. In addition, it analyzes the Collective State Agreement of Contact Center as well as the Workers’ Statute (WS) and emphasize that these permits are granted for their enjoyment in business days. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Spain, please contact Iván Suárez Telletxea, Partner at Bufete Suárez de Vivero (www.bufetesuarez.com) at isuarez@bufetesuarez.com.

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Sweden | Advokatfirman Cederquist KB

Latest Case Law: Sweden: A female teacher who refused to shake hands with male co-workers could not prove discrimination A female teacher claimed that an employer enforced discriminatory standards, directly or indirectly due to her religious beliefs, by demanding that all teachers must shake hands with co-workers and students regardless of their gender. However, the Swedish Labour Court concluded that discrimination had not been showed since the teacher had not proven that such standards were enforced. » Read More

Impending Changes of Legislation: Sweden: Revised proposal for a new act on trade secrets suggests further liability when an employee acquire unauthorized access to a trade secret The proposed changes to the Swedish legislation on the protection of trade secrets suggest that it shall be considered an attack on a trade secret if an employee acquires unauthorized access to a trade secret to which the employee otherwise have lawful access due to employment or other similar grounds. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Sweden, please contact Robert Stromberg, Partner at Cederquist (www.cederquist.se) at robert.stromberg@cederquist.se.

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United Arab Emirates | Clyde & Co

Impending Changes of Legislation: UAE: Ministerial Resolution No. 31 of 2018 Introducing Part-Time Employment System The law has been issued by the Ministry of Human Resources and Emiratisation (MHRE) and places a new part-time employment system enabling companies to recruit employees on a part-time basis, either within or outside the UAE. » Read More

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For more information on these articles or any other issues involving labour and employment matters in the United Arab Emirates, please contact Rebecca Ford, Partner at Clyde&Co (www.clydeco.com) at Rebecca.Ford@clydeco.ae.

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United States | Jackson Lewis P.C.

Impending Changes of Legislation: USA: FLSA Amendment Bars Employers from Retaining Tips But Removes DOL Prohibition on Tip Sharing An amendment to the Fair Labor Standards Act (FLSA) in the omnibus budget bill, “Consolidated Appropriations Act, 2018,” passed by Congress and signed by President Donald Trump on March 23, 2018, provides that an employer “may not keep tips received by its employees for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips, regardless of whether or not the employer takes a tip credit.” » Read More

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For more information on these articles or any other issues involving labour and employment matters in the United States, please contact John Sander, Principal at Jackson Lewis P.C. (www.jacksonlewis.com) at John.sander@jacksonLewis.com.

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