Employment Law Tracker

 

L&E Global is pleased to present you with the most recent employment law updates for October 2017.

 

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Belgium | Canada | France | Germany | India | Luxembourg | Mexico | The Netherlands | Poland | Qatar | Romania | Saudi Arabia | Spain | Sweden | United Arab Emirates | United Kingdom | United States |


Belgium | Van Olmen & Wynant

Latest Case Law: Belgium: ECJ confirms its case law on the ‘habitual place of employment’ in Ryanair case ECJ clarifies criteria to establish employees’ ‘home base’ for governing law purposes » Read More

Impending Changes of Legislation: Belgium: Part-time work simplified and modernized Since 1st October 2017, the formalities for part-time work have been simplified and modernized » 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: Human Rights Tribunal of Ontario Upholds Accommodation Processes that Distinguished Between Work-Related and Non-Work Related Disabilities According to a recent decision of the Human Rights Tribunal of Ontario, employers may provide preferential treatment to employees with disabilities who have active Workplace Safety and Insurance Board claims, as opposed to employees with disabilities that did not arise out of their employment » Read More

Impending Changes of Legislation: Canada: Bill 164 proposes addition of four prohibited grounds to the Ontario Human Rights Code A recent private member’s bill has proposed the addition of immigration status, genetic characteristics, police records and social condition as prohibited grounds in the Ontario Human Rights Code » Read More

Other Observations: Canada: Random Workplace Drug and Alcohol Testing Justified in Some Situations The Court of Appeal of Alberta recently reiterated that random drug and alcohol testing may be justifiable in circumstances where there are specific safety risks, such as a general problem of substance abuse within a workplace. Further, the Court clarified that decision makers are not necessarily limited, in assessing whether a general problem of substance abuse exists within a workplace, to whether there is evidence of such a problem specific to bargaining unit employees » 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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France | Flichy Grangé Avocats

Latest Case Law: Lump sum agreements under the watchful eye of the supreme court: The agreement cannot merely provide for a time-recording software without employer follow-up An agreement setting up working time under an annual lump sum in days must provide for an effective and regular follow-up by the employee’s hierarchy of the times indicated and not just schedule a weekly time-table. The French supreme court has just ordered a company to pay overtime to employees whose working time agreement was deemed invalid » Read More

Impending Changes of Legislation: The Macron reform decrees : merging of the staff representation bodies The Works Council, the Health, Safety and Working Conditions Committee, and the Staff Delegates merge to become the Social and Economic Committee. This single structure takes over the prerogatives of the existing bodies. There is also provision for the creation of a company council which, in addition to the information-consultation role, has the capacity to negotiate certain types of agreements » Read More

Other Observations: Upgrading the statutory severance pay: it is increased by 25% up to ten years of service and is unchanged beyond The statutory dismissal indemnity is increased: up to ten years of service, it increases to a quarter of a month's salary (instead of 1 / 5th of a month) and then one third of a month of service (no change for this period) » 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: Forwarding emails with internal company data to the private email account can be grounds for an extraordinary termination of employment An employee who is in negotiations with a competing company of the employer about concluding an employment contract severely violates his ancillary contractual obligations towards his current employer when he forwards a high number of emails with internal company data to his own private email account. Depending on the circumstances of the concrete case, such behaviour can justify an extraordinary termination of the employment » Read More
Watching a soccer match for 30 seconds during working hours can justify a written warning The Labour Court Cologne ruled that it was justified to issue a written warning to an employee who watched a livestream soccer match on an office computer for a period of at least 30 seconds during his working hours, as the employee violated his contractual duties with this behaviour » Read More

Impending Changes of Legislation: Federal Labour Court is expected to change its view on the obligation of employees to (temporarily) follow a potentially inequitable instruction from the employer. A turning point in the current jurisprudence is to be expected regarding the employee’s obligation to follow inequitable instructions of the employer as long as they are not deemed inequitable by court. The 10th Senate of the Federal Labour Court intends to assume the position that an employee does not even temporarily have to follow an inequitable instruction of the employer, opposing previous rulings of the 5th Senate. As the 5th Senate now announced that they don’t adhere to their legal view any more, it is to be expected that the 10th Senate will rule as signalized » 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: New Act to Regulate Shops Establishments in Maharashtra The New Act intends to provide for the regulation of conditions of employment and other conditions of service of workers employed in shops, residential hotels. restaurants, eating houses, theatres, otrher places of public amusement or entertainment, ond other establisments, for matters incidental thereto » 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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Luxembourg | KLEYR | GRASSO

Impending Changes of Legislation: Amendment of the procedure of staff representation body elections A third draft bill aims to amend the procedure for the staff representative body elections and will introduce the maximum amount an employer would have to contribute for external experts the staff representatives might nominate » Read More
Amendment of number of extraordinary leave days for personal reasons Draft bill number 7060 will amend the extraordinary leave days for personal reasons, such as birth, marriage, etc. » Read More
Transposition of the European directive n° 2014/50 Draft bill number 7119 will change the legal provisions on complementary pension schemes including in particular new provisions on the transfer of pension entitlements due to the transposition of the European directive n° 2014/50 » 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 (Oct. 2017): The National Commission for Minimum Wages (CONASAMI) will discuss a new increase to the minimum wage The Ministry of Labor and Social Welfare called the National Commission for Minimum Wages (CONASAMI) to a meeting where a possible increase to the minimum wage will be discussed upon the Labor Congress request » 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: Impact of the Coalition Agreement on labour law practice On 10 October 2017, the Coalition Agreement 2017-2021: “Confidence in the future” was presented to the House of Representatives. A summary of the main topics and changes in this Coalition Agreement for employment law practice will be given » 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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Poland | A. Sobczyk & Współpracownicy

Impending Changes of Legislation: New seasonal work permits in Poland As of January 1st, 2018 there will be a new kind work permit for seasonal workers who are third country nationals. It is a result of amendment of the Act on promotion of employment and labour market institutions of April 20th, 2004 (Dz.U.2017.1065 as amended) » 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: Change in immigration policy The Qatar Ministry of Interior and Tourism Authority announced a new visa exemption scheme. » Read More
Law No. 15 of 2017 on Domestic Workers The new law provides labour rights for domestic workers » 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: Paid internships to be regulated by law for the first time A new legislative project that will be debated in the Parliament will regulate paid internships for young individuals. Companies that choose to use paid interns will have to observe a series of rules when using paid interns but might also benefit from an indemnity if they choose to hire the interns after the internship period expires. » Read More
Employers that use undeclared employment might face criminal charges Recent changes in the Labour Code included the elimination of criminal charges against employers that use the work of more than 5 employees without legal forms. A new legislative project contains provisions on the criminal charges the employer that uses undeclared employment might face. » 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: New Immigration Fees New immigration fees affecting employers who employ foreign nationals are set to come into effect in January 2018 in addition to existing recruitment fees » 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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Spain | Bufete Suárez de Vivero, S.L.

Other Observations: Spain: If an employee submits resignation by using Whatsapp, is it valid? The High Court of Justice of Madrid declared valid a resignation presented through the Whatsapp application, because messages exchanged through were sufficiently clear and illustrative about employee’s will to not return to the work place. » 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

Impending Changes of Legislation: A threatening statement towards a colleague did not constitute legal grounds for a summary dismissal An employer summarily dismissed an employee based on allegations that the employee had threatened a colleague and in other ways been aggressive. The Labor Court found it proven that the employee had threatened his colleague and that several other employees were afraid of the employee. However, the Labor Court found that these circumstances did not constitute legal grounds for summary dismissal of the employee. » Read More
Suggestion of a new Swedish act on camera monitoring to strengthen the protection of employee integrity The proposal suggests that a new act on camera monitoring will replace the current camera surveillance act and enter into force on 25 May 2018. The purpose of the new act is to increase the possibilities of camera monitoring for crime prevention and other justified purposes, but also to strengthen the personal integrity when an employer utilizes camera monitoring at the work place. » 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: Federal Law No. 10 of 2017 The new law provides labour rights for domestic workers. » 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 Kingdom | Clyde & Co LLP

Latest Case Law: UK: Unfair dismissal – dismissal not unfair where employer took into account previous incidents that had not been subject to disciplinary action Under UK law, a misconduct dismissal will be unfair if there is insufficient investigation into the relevant facts. But does it make the dismissal unfair if the investigator considers too much information, such as taking into account previous incidents where no disciplinary action had been taken? » Read More

Impending Changes of Legislation: The Parental Bereavement (Pay and Leave) Bill A new law expected to come into force next year will give employed parents who lose a child under the age of 18 the right to two weeks’ paid leave to allow them time to grieve. » Read More

Other Observations: Brexit With recent leaked Home Office documents, the UK's initial detailed proposal to the EU and Theresa May's speech in Florence, the future UK immigration landscape is starting to take shape. Whilst much is still up in the air and the UK and EU continue negotiations in uncertain times, our advice to employers is there is much that they can be doing now to try and protect their and their EU national employees' positions. » Read More
Pensions: auto-enrolment update New rules have been introduced which mean that start-up businesses first paying PAYE from 1 October are under a legal duty to put staff straight into a workplace pension as soon as they employ them. » Read More
Gender pay reporting update On 6 April 2017, new laws came into force requiring employers in the UK with at least 250 employees to report their gender pay gap. For organisations in the private sector, the first reports must be made by 4 April 2018, and for the public sector 30 March 2018. » Read More
New offence of corporate failure to prevent tax evasion New offences have been introduced in the UK of failing to prevent the facilitation of UK and foreign tax evasion. » Read More

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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.

Impending Changes of Legislation: USA (Oct. 2017): Department of Justice Releases Memorandum Restricting Transgender Worker Protection under Title VII USA (Oct. 2017): On October 4, 2017, Attorney General Jeff Sessions reversed the Department of Justice’s position that gender identity is protected as part of Title VII of the Civil Rights Act’s prohibition against sex discrimination — taking a position that is contrary to current guidance from the Equal Employment Opportunity Commission. » 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, Partner at Jackson Lewis P.C. (www.jacksonlewis.com) at John.sander@jacksonLewis.com.

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