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Employment Law Tracker

 

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

 

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Australia | Harmers Workplace Lawyers

Changes of Legislation: Australia: Significant Changes to Modern Awards Take Effect Six of Australia’s 122 Modern Awards have been amended by the Fair Work Commission to provide casual employees with the right to receive payment at higher “overtime” rates when they work in certain, prescribed circumstances. These changes took effect on 1 January 2018. » Read More

Upcoming International Events: Australia, February 7 - Webinar: “New Year – Fresh HR Start” Start the new year off on the right foot by making sure all your Australian HR processes are up-to-scratch! . » View Event

» Read all articles & events


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

Impending Changes of Legislation: Belgium: Crack-down on excessive use of exemption from work As of 1 January 2018, employers who exempt their employees from work for a long term have to pay an additional social security contribution. » Read More

» Read all articles




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: Employment related discrimination is not limited to discriminatory conduct by workplace superiors The Supreme Court of Canada recently confirmed that human rights legislation protects employees from all discrimination in connection with their employment, and not merely discriminatory conduct by employers or supervisors. » Read More

Impending Changes of Legislation: Canada: New Year brings significant changes to Alberta’s minimum employment standards Bill 17: The Fair and Family-Friendly Workplaces Act and the amended Employment Standards Amendment Regulation have introduced a number of significant changes to Alberta’s minimum employment standards. Employers operating in Alberta are well advised to review these changes, as most of them came into force on January 1, 2018. » Read More

Other Observations: Canada: Growing Pains As Ontario Employers Adjust to New $14 per Hour Minimum Wage On January 1, 2018, Ontario’s minimum wage rose from $11.60 to $14.00 per hour. Since then, the media has been flooded with reporting about how businesses are adjusting in order to control labour costs, and how those adjustments have affected employees. » Read More

Upcoming International Events: Canada, February 22 - Webinar: Workplace Violence and Harassment: Are Your Policies and Programs Compliant? a free webinar on workplace violence and harassment policies and programs requirements under Ontario legislation » View Event

» Read all articles & events


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 by court to lose entitlement to last annual bonus based on labor contract and employer’s policy The court held the agreement between employer and employee and employer’s internal policy valid that the employee who exits before the end of a year is not entitled to any annual bonus of the current year. » Read More

Other Observations: China: The Regulations on Employee Representative Congress in Shanghai was amended The Standing Committee of Shanghai Municipal People’s Congress Amended the Regulations on Employee Representative Congress in Shanghai. » Read More

» Read all articles


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: Monitoring employees’ working time : employers must use other means than geolocalisation The judicial and administrative supreme courts of France have just recalled the rules regardin geolocation. Such systems are considered excessive if they are implemented in order to monitor employees’ working time, unless there is no other way to monitor this. » Read More

Impending Changes of Legislation: France: Protection of personal data : France adapts its legislation to the European requirements resulting from the GDPR regulation The European Regulation on data protection (GDPR) enters into force on May 25 and sets a new framework for harmonziing the protection of personal data within the European Union. A draft law organizes its implementation on French territory. The formalities prior to the establishment of a data processing file would be reduced and the control and the sanction powers of the CNIL (independent authority responsible for ensuring respect for individual freedoms) will be reinforced. » Read More

Other Observations: France: Collective mutually agreed terminations: the brand new product from the Macron reform Voluntary departures are facilitated with this new possibility to sign an agreement on collective mutually agreed terminations, without having to justify an economic rationale. The use of this system is nevertheless subject to the public administration’s supervision. » Read More

Upcoming International Events: France, January 26 - “European Forum : The latest trends in Europe in employment law Participants will be able to take part in round tables on the essential reforms in Italy, Germany, Spain, and France, on the new European regulation regarding the protection of personal data and another on sexual harassment. » View Event

» Read all articles & events


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: Secretly recording a staff appraisal can justify termination of employment with immediate effect When an employee secretly records a staff appraisal with his smartphone, this violates the general right of privacy of the other participants of the appraisal, which is guaranteed in the German constitution, and can justify an extraordinary termination of the employee’s employment with immediate effect. » Read More

Impending Changes of Legislation: Germany: The minimum wage of currently EUR 8.84 an hour is applicable for times of on-call duties The employer needs to pay the minimum wage for every hour in which the employee renders his/her service pursuant to the employment contract. This payment obligation does not only relate to actual working time, but also includes times of on-call duties. » Read More

» Read all articles


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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The Netherlands | Palthe Oberman

Latest Case Law: The Netherlands: Court imposes a non-competition restriction on a self-employed worker Despite the fact that the self-employed worker and its former client had not agreed on a non-competition clause in the service agreement, the court ruled that the self-employed worker would not be allowed to be involved in a specific tender for his new client for a period of one year. The self-employed worker had been involved in the same tender for his former client. » Read More

» Read all articles


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 Regulation introduces minimum wages in accommodation and catering businesses From January 1st 2018 a new Regulation becomes operative, concerning accommodation and catering businesses. The Regulation sets minimum wages, as well as standard deductions for accommodation in the company. » Read More

» Read all articles



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: Restrictions on Sunday commerce Commerce will be prohibited on Sundays in Poland. The draft currently awaits the President’s signature and publication. » Read More
Poland: New types of residence permits Two new types of residence permits for internal movement within an enterprise and for purpose of permanent mobility within internal enterprise movement have been added. The new types of residence permits shall be introduced on 11th of February 2018 based on the Act of 24th of November 2017 amending the Foreigners Act (Dz. U. 2018, poz. 107). » Read More

» Read all articles


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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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

» Read all articles






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

Latest Case Law: Sweden: A prohibition against usage of disposable sleeves for dentists was not considered discriminatory against Muslim women A decision, which prohibited dentists’ usage of disposable sleeves, rendered a Muslim female employee to resign from her employment. The Swedish Discrimination Ombudsman claimed the prohibition to be indirectly discriminatory against Muslim women covering their arms for religious reasons. The Swedish Labour Court found that the purpose of the prohibition – to protect life and health – was appropriate and necessary and thus that the prohibition was lawful. » Read More

» Read all articles


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. 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
UAE: 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
UAE: 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

» Read all articles


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 Kingdom | Clyde & Co LLP

Latest Case Law: UK: Disability discrimination – discrimination based on a perceived disability is unlawful The Employment Appeal Tribunal has confirmed that it is unlawful to discriminate against an employee because of a perceived disability, even where the employee is not actually disabled. » Read More
UK: Whistleblowing – disclosure made in employee’s own self-interest was not protected The Employment Appeal Tribunal has held that an employee who raised compliance issues purely because she was concerned about her own potential liability had not made a protected disclosure. » Read More
UK: Trade Unions – bypassing recognised trade union was unlawful inducement The Employment Appeal Tribunal has confirmed that an employer’s attempt to bypass a recognised trade union by negotiating directly with employees amounted to an unlawful inducement. Even if only one term of employment is determined by direct agreement that will be sufficient to amount to an unlawful inducement. » Read More

Impending Changes of Legislation: 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
» Read More
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%. » Read More
UK: Bill number 7060 voted on 15 December 2017: Amendment of number of extraordinary leave days for personal reasons Following the vote of bill number 7060 on 15 December 2017, the amendment of the number of extraordinary leave days for personal reasons entered into force on 1st January 2018. » Read More
UK: Employment Tribunals – quarterly statistics show a substantial increase in number of claims brought Employment tribunal 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. » Read More

» Read all articles


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 (www.clydeco.com) at robert.hill@clydeco.com.

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United States | Jackson Lewis P.C.

Other Observations: USA: Labor Department Adopts ‘Primary Beneficiary’ Test for Determining Employee Status of Interns, Students The Department of Labor has decided to align its analysis under the Fair Labor Standards Act (FLSA) of the intern-vs.-employee determination with that of the majority of federal appellate courts to have addressed the issue, abandoning the stricter Obama-era analysis. The agency announced on January 5, 2018, that it was adopting the “primary beneficiary” test to determine the employee status of interns and students. » Read More
USA: Plaintiff’s Bar Currently Targeting Online Hiring Practices: What Your Company Needs to Know Companies’ employee-recruitment ads on social media and websites are the latest targets of the plaintiff’s bar. L&E Global’s member firm in the United States, Jackson Lewis P.C., reports on the latest legal trends affecting employers with US operations that are being targeted with this claim. What is the claim? The legal argument being asserted is […] » Read More

Upcoming International Events: USA, March 14 - Jackson Lewis’ Corporate Counsel Conference Jackson Lewis’ Corporate Counsel Conference addresses the significant legislative and regulatory developments in workplace law and provides opportunities for discussion and collaboration about these topics.» View Event

» Read all articles & events


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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