Employment Law Tracker

 

Filion Wakely Thorup Angeletti & L&E Global are pleased to present you with the most recent employment law updates for December 2017.

 

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Austria | Canada | China | France | Germany | Mexico | The Netherlands | Norway | Poland | Qatar | Romania | Saudi Arabia | Sweden | United Arab Emirates | United States


Austria | Gerlach Rechtsanwälte

Impending Changes of Legislation: Austria: Contract of Service or hiring-out of workers? Austrian Supreme Administrative Court changed its jurisdiction in cross-border labour cases Up until now, there was a high risk that if a foreign company sent workers to Austria, this was assessed as hiring-out, which usually resulted in challenging situations and caused serious trouble. A decision from the European Court now led to a change in the jurisdiction of the Austrian Supreme Administrative Court in regards to cross-border hiring-out of workers. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Austria, please contact Roland Gerlach, Partner at Gerlach Rechtsanwälte (www.arbeitsrecht.at) at roland.gerlach@arbeitsrecht.at.

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Canada | Filion Wakely Thorup Angeletti

Latest Case Law: Canada: Ontario Court of Appeal Rules that Severability Clause Cannot Save Void Termination Clause The Ontario Court of Appeal recently ruled that an employer cannot rely on a severability clause in an employment contract to sever the invalid portion of a termination clause and allow the remaining portion of the termination clause to remain in force. » Read More

Impending Changes of Legislation: Canada: Bill 148 receives Royal Assent, introducing major changes to Ontario’s employment-related legislation Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent on November 27, 2017. Bill 148 has introduced a number of major amendments to the Employment Standards Act, 2000, as well as to other employment-related legislation. » Read More

Other Observations: Canada: Recent Report of the Ontario Human Rights Commission Says Discrimination Mostly Occurs at Work On December 8, 2017, the Ontario Human Rights Commission (the “Commission”) released a report entitled, “Taking the pulse: People’s opinions on human rights in Ontario”. The report examined the results of a public opinion survey of 1,501 people aged 18 and older. The survey revealed that discrimination mainly occurs at work, and that discrimination remains grossly underreported. The Commission’s report serves as a timely reminder of the obligations of employers in the human rights context. » 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 to have infringed upon trade secret by disclosing former employer’s client list The court held that the former employer’s client list constitutes as trade secret and the employee has infringed upon such trade secret by disclosing the same to the current employer. » Read More

Other Observations: China: The Anti-Unfair Competition Law of the People’s Republic of China was amended The Standing Committee of the National People’s Congress Amends the Anti-Unfair Competition Law of the People’s Republic of China » 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: A sales representative whose driving license is suspended for 8 months can be dismissed The French supreme court (Cour de cassation) ruled that that a dismissal was valid when the employee, a sales representative, had his driving license suspended for 8 months by a Spanish court in personal circumstances. The judges recognized that the use of a car was essential to the employee’s functions and that he was no longer able to work. » Read More

Impending Changes of Legislation: France: Macron Decrees : a softening of the obligations regarding the justification of terminations In case of dismissal for personal or economic motives, the Macron decrees allow for an employer to specify, after having sent the dismissal letter, the motives that were already outlined in the letter. This is a softening of the obligations regarding the justification/motivation of dismissals that will nevertheless not allow for employers to entirely compensate for a total absence of justification in the original letter. This measure will enter into effect upon publication of a decree that will define the conditions and relevant deadlines. At the latest, it shall enter into effect on January 1, 2018. » 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

Impending Changes of Legislation: The General Data Protection Regulation (GDPR), an EU regulation that shall unify the processing of personal data by private companies and public authorities throughout the EU, will come into force on 25 May 2018, alongside with a new Federal Data Protection Act (BDSG) in Germany The prerequisites of the new GDPR need to be incorporated into the existing German BDSG. A bill has already been drafted and will come into force on the same day as the GDPR (25 May 2018). In particular, infringements of data protection provisions will be punished more severely under the new regulations » Read More
Germany: Changes in the German Maternity Protection Act come into force on 1 January 2018 As already announced in previous client updates this year, the new Maternity Protection Act (MuSchG) will come into force on 1 January 2018, extending the rights of pregnant employees, students and interns. Employers should, in particular, pay more attention to risk assessment in the future. » 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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Mexico | De La Vega & Martinez Rojas S.C.

Impending Changes of Legislation: Mexico: A Bill amending several ordinances on Labor Justice is submitted to the Senate On December 7, 2017, Senators Tereso Medina and Isaias Gonzalez submitted a bill for the Senate’s approval which creates the Federal Institute for Conciliation and Labor Registrations and amends several ordinances on labor justice » Read More
Mexico: The Ministry of Labor and Social Welfare is working on the creation of a National Agency on Health and Safety at the Workplace The Ministry of Labor and Social Welfare is working on a project to create the National Agency on Health and Safety at the workplace which purpose is to strengthen the actions to prevent work hazards and protect the employees while performing their duties » Read More
Mexico: The Minimum General Daily Wage increases to Mx $88.36 pesos The National Commission for Minimum Wages (CONASAMI) used the Independent Recovery Amount (MIR) and increased the general minimum daily wage (Mx $80.04 pesos) in Mx $5.00 pesos. Over the new amount (Mx $85.04 pesos) the 3.9% increase was anticipated, with what starting on December 1, 2017 the general minimum daily wage will be Mx $88.36 pesos. On the other hand, the professional minimum wages in force since December 1, 2017 were also increased in 3.9 %. » 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

Impending Changes of Legislation: The Netherlands: Cantonal Court dismisses manager for taking home products that were designated to be destroyed Last October, the cantonal court terminated the employment contract of an employee of a vegetable production company who took home salads from work that were meant to be destroyed, for health and safety reasons. The cantonal court reasoned that the termination was justified, because the personnel manual was clear on the consequences of taking home products without permission. The court terminated the contract based on the legal dismissal ground “imputable acts of the employee” » 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: New Act on gender equality and discrimination From January 1st 2018 a new Act on gender equality and discrimination will come into effect in Norway. The definition of sexual harassment is based upon more objective criteria, and employers are more restricted in which information they may gather from job seekers » 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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Poland | A. Sobczyk & Współpracownicy

Impending Changes of Legislation: Poland: Minimum Remuneration – 2018 As from 1st of January 2018 minimum remuneration for work shall be 2100 PLN gross and minimum rate for one hour of freelance work shall be no less than 13,70 PLN/h gross » Read More
Poland: Social security contributions within capital group The Supreme Court ruled on October 3rd, 2017 that the remuneration for freelance work performed for a parent company should be treated as remuneration resulting from contract of employment which had been concluded previously between freelancer and subsidiary company for tax and social security premium purposes » Read More

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For more information on these articles or any other issues involving labour and employment matters in Poland, please contact Prof. Arkadiusz Sobczyk, Partner at A. Sobczyk & Wspolpracownicy (www.sobczyk.com.pl) at arkadiusz.sobczyk@sobczyk.com.pl.

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Qatar | Clyde & Co

Impending Changes of Legislation: Qatar: Law No. 13 of 2017 Amending Some Provisions of Labor Law Promulgated by Law No. 14 of 2004 and Law No. 13 of 1990 Promulgating Code of Civil and Commercial Procedure On 16 August 2017, Law No. 13 of 2017 was issued amending certain provisions of the Labour Law, Law No. 14 of 2004 and the Civil and Commercial Procedure Code, Law No. 13 of 1990. The New Law seeks to amend the course of resolving employment related disputes and introduce the newly established Labour Disputes Settlement Committee » Read More

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For more information on these articles or any other issues involving labour and employment matters in Qatar, please contact Sara Khoja, Partner at Clyde & Co (www.clydeco.com) at sara.Khoja@clydeco.ae.

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Romania | Magda Volonciu and Associates

Impending Changes of Legislation: Romania: 4.000 new working permits will be issued for foreign workers in 2018 The projected number of working permits for new foreign workers expected to be issued in 2018 is 4.000. The maximum number of working permits is determined by Government Decision each year and it may be changed during the year taking into consideration the demand for such permits. Workers outside the EU and EEA need working […] » Read More
Romania: Employers that do not pay income tax and social contributions they retain for their employees will commit tax evasion – new legislative project Finance has published a legislative project subject to public debate on the incrimination of additional conducts as tax evasion, including the situation when the employer does not distribute to the corresponding budgets the income tax and social contributions the employer retains from the employee’s gross wage. At this moment this conduct is not criminally […] » Read More
Romania: New minimum monthly wage guaranteed for payment starting January 1st The annual Government Decision on the minimum wage guaranteed for payment was adopted and starting January 1st the minimum monthly gross wage for a full time employee will be 1900 LEI (approximately 410 EURO) and all social contributions for any employees (including part time employees) will observe this minimum monthly gross wage » 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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Saudi Arabia | Clyde & Co

Impending Changes of Legislation: Saudi Arabia: Freelance System The Ministry of Labor and Social Development has introduced a freelancer system for Saudi nationals. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Saudi Arabia, please contact Sara Khoja, Partner at Clyde & Co (www.clydeco.com) at sara.Khoja@clydeco.ae.

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Sweden | Advokatfirman Cederquist KB

Impending Changes of Legislation: Sweden: A care assistance company was not obligated to investigate harassments from a caretaker’s partner Court ruling from the Swedish Labor Court held that an employer of a care assistant was not obligated to investigate sexual and racist harassments that the care assistant alleged that she had been a victim of by the caretaker’s partner » 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: United Arab Emirates: Ministerial Resolution No. 762 of 2017 on the Establishment and Licensing of Domestic Labour Service Centres The new law published by the Ministry of Human Resources and Emiratisation regulates recruitment centres for the recruitment of domestic workers » Read More
United Arab Emirates: Ministerial Resolution No. 787 of 2017 Regulating Teleworking The new law, Ministry of Human Resources and Emiratisation, introduces a system of remote working for UAE nationals » Read More
United Arab Emirates: Federal Law No. 17 of 2017 concerning entry and residence of foreign nationals in the UAE The new law amends some provisions of the Federal Law No. 6 of 1973 concerning entry and residence of foreign nationals in 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: Labor Department Proposes Reversing Obama-Era ‘Tip-Pooling’ Rule Employers would be expressly permitted to require servers and other tip-earning employees to share their tips with employees working in the kitchen and other “back of the house” employees, but only when the employer does not use the tip credit and state law would not otherwise prohibit the practice, under proposed regulations published by the Department of Labor (DOL). This is a reversal of the current DOL regulations, which would be rescinded » 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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This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice with regard to any specific case. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Action should not be taken on this document alone. For specific advice, please contact a specialist at one of our member firms or the firm that authored this publication. The content is based on the law as of 2017.

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