Employment Law Tracker

 

Palthe Oberman and L&E Global are pleased to present you with the most recent employment law updates, webinars & international events for April 2019.


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Argentina | Australia | Belgium | Canada | Chile | China | France | Germany | India | Italy | Luxembourg | Mexico | Netherlands | Norway | Poland | Sweden | United Kingdom |


Argentina | Allende & Brea

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Latest Case Law: Argentina: Court Holds That An Intern Who Does Not Perform Tasks Related To His College Studies Is Considered An Employee Of The Company The Labour Courts of the city of Buenos Aires recently ruled that a student who carried out administrative tasks at the collections department of the defendant, is not an intern, and should be considered an employee of the defendant » Read More

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For more information on these articles or any other issues involving labour and employment matters in Argentina, please contact Nicolás Grandi, Partner at Allende & Brea (www.allendebrea.com) at ng@allendebrea.com.ar.

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Australia | Harmers Workplace Lawyers

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Latest Case Law: Australia: Federal Court of Australia Dismisses Lawyer’s Disability Discrimination Claim Against Former Legal Practice The Federal Court of Australia has dismissed a lawyer’s claims for disability discrimination and victimisation against his employer, a small specialist family law legal practice, finding that the legal practice had afforded the lawyer “reasonable adjustments” when he returned to work after a period of absence following a major depressive episode » Read More

Upcoming International Events: Webinar: An Age-Old Dilemma – How To Avoid Age-Based Discrimination In The Workforce – Date: Thursday, May 30, 2019 – 1 p.m. to 2 p.m. AEST According to the 2016 ABS Census data, 46.2% of working Australians are aged 40 years and older, suggesting that an ageing workforce is a significant reality for employers operating in Australia. In this session, Michael Harmer will explore how best to avoid age-related discrimination in the workplace. » View Webinar
Webinar: Lessons In Accessories – Could You Be An Accessory To A Claim? – Date: Wednesday, June 12, 2019 – 1 p.m. to 1:30 p.m. AEST Do you provide employment/HR or payroll-related advice and assistance for a business operating in Australia? If so, you can be held personally liable for breaches of Australia’s Fair Work laws as an ‘accessory’. The Fair Work Ombudsman (FWO) is now actively targeting business advisors, and the risks for you have never been greater. » View Webinar

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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

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Other Observations: Belgium: Social Partners Have (Partially) Saved The Collective Bargaining Process The national social partners have concluded an agreement on some important future measures of employment and social security law. The outcome of the negotiations was highly uncertain as the socialist trade union did not agree with a maximum raise of the wages of 1,1% in the midst of difficult discussions on the raise of the minimum wage » 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

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Latest Case Law: Canada: Ontario Court of Appeal Confirms that Harassment Is Not a Tort The recent decision of Merrifield v. Canada (Attorney General), 2019 ONCA 205, confirms that no independent tort of harassment exists in Ontario, especially given existing legal remedies (such as the tort of intentional infliction of mental suffering) to redress harassing conduct » Read More

Impending Changes of Legislation: Canada: Federal Privacy Commissioner Begins Public Consultation on Transborder Dataflows The Federal Office of the Privacy Commissioner has indicated it will be changing its position on cross-border data flows, such that companies disclosing personal information across a border, including for processing, would be required to obtain consent from individuals in order to do so. In order to provide updated guidance to the public, the Officer has begun a public consultation » Read More

Other Observations: Canada: Mitigating Risks in the Face of Mental Distress Claims in Colistro v Tbaytel This Ontario Court of Appeal decision suggests that accommodation by an employer can help defeat a future claim of intentional infliction of mental distress by an employee » Read More

Upcoming International Events: Webinar: Human Capital – Best Practices for Hiring in 2019 – Date: May 9, 2019 - 8 a.m. to 9:30 a.m. EST Free webinar that will provide participants with practical tips about the fundamental Human Rights Code obligations that affect provincially regulated workplaces; how to proactively ensure compliance with human rights obligations; and other hiring considerations, including offers of employment, pre-employment testing, and reference and background checks. Should you wish to attend this free webinar. » View Webinar

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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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Chile | Cariola Díez Pérez-Cotapos

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Impending Changes of Legislation: Chile: Relevant Changes To Protect Employees Hired To Perform A Specific Task Historically in Chile the labour statute has allowed employees to be hired to perform a specific job. The labour contract ends when the job is terminated. This has typically been used in the construction industry. Termination of this kind of labour contract does not trigger severance, as indefinite term contracts do. However, Law N°21.122 entered into force as from January 2019, providing several key changes to protect employees hired under this type of contract » Read More

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For more information on these articles or any other issues involving labour and employment matters in Chile, please contact Ricardo Tisi, Partner at Cariola Díez Pérez-Cotapos (www.cariola.cl) at rtisi@cariola.cl.

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China | Zhong Lun Law Firm

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Impending Changes of Legislation: China: New Foreign Investment Law In China Will Come Into Effect In 2020 The PRC National People’s Congress passed the Foreign Investment Law which streamlines China’s legislation on foreign capital, aims to provide a better business soil for foreign capital and will come into effect in 2020 » Read More

Other Observations: China: Big Cities In China Will Lessen Or Remove The Restrictions On Granting Urban Household Registration To Migrant Workers China’s National Development and Reform Commission has formulated the plan which considers the specific population of the cities and lessens or removes the restrictions imposed on the migrant workers to obtain urban household registration » 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

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Latest Case Law: France: Any Employee Exposed To Asbestos Can Now Claim An Anxiety Harm If They Can Prove It The French Supreme Court has made a significant reversal in its case law: any employee exposed to asbestos may now make a claim for the harm relating to the anxiety they feel. Up to now, this option was reserved exclusively for employees who had worked at a site listed by the administration as concerned by the early-retirement due to asbestos scheme. The anxiety harm can now be invoked by any employee who justifies exposition leading to a high risk of developing a serious illness, even if they did not work at a site listed. The employee must nevertheless prove the existence of this anxiety » Read More

Impending Changes of Legislation: France: “Pacte” Law – Future Changes In The Application Of The Workforce, Employee Savings And Employee Shareholding Thresholds And Retirement Plans The Law on Business Growth and Transformation (known as the "Pacte law") was passed by Parliament. It includes many provisions regarding Labour law: modification of the modalities of calculation of the thresholds of staffing and suppression of certain thresholds, reform of employee savings, development of the employee share ownership, modification of the rules relating to retirement savings. The entry into force of the law is subject to its publication in the Official Journal » 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 Workplace Law

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Latest Case Law: Germany: An Employee Who Is On Unpaid, Special Holiday For An Entire Calendar Year Is Not Entitled To Any Paid Minimum Statutory Holidays For Such Year The Federal Labour Court has ruled that an employee who is on unpaid, special holiday for an entire calendar year is not entitled to paid minimum statutory holidays for such year, due to the suspension of the employee’s obligation to work. This constitutes a change to previous case law, pursuant to which the employee’s claim to paid minimum statutory holidays only required that an employment relationship existed and, therefore, such claim arose regardless of whether the parties had agreed to suspend the main obligations of the employment relationship » 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.pwwl.de) at pusch@pwwl.de.

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India | IndusLaw

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Latest Case Law: India: India: Supreme Court Of India Ruling Allows Employees Covered Under Epf Law Eligible To Contribute Towards Their Pension At An Uncapped Salary On April 1, 2019 the Supreme Court of India, in the case of the Employees’ Provident Fund Organisation and Anr v. Sunil Kumar B & Ors., (“Judgment”) upheld the Kerala High Court’s decision in P. Sasikumar and Ors. v. Union of India, 2018 wherein it had set aside the Employees’ Pension (Amendment) Scheme, 2014 (“EPF Amendment 2014”) » 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

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Impending Changes of Legislation: Italy: New Law Outlining The Transitory Discipline In Case Of Brexit-No-Deal Entered Into Force On March 26, 2019, following Government approval, Law Decree n. 22 outlining the transitory discipline in case of a Brexit-No-Deal entered into force, with the publishing in the Official Journal » 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

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Latest Case Law: Luxembourg: Evolution Of Damage Amounts In Case Of Moral Harassment Luxembourg courts tend to grant additional and higher damage amounts to employees in case of moral harassment » Read More

Impending Changes of Legislation: Luxembourg: Draft Bill On Additional Public Holiday And Vacation Day The draft bill no. 7399 was unanimously adopted on March 27, 2019. Therefore, from now on, May 9 will be a public holiday (11 public holidays in total) and the vacation days to be granted to the employees will be increased to 26 days per year, up from 25 days previously » Read More
Luxembourg: Draft Bill On Time Saving Accounts The draft bill no. 7324 aiming to establish time saving accounts in the private sector has been put to the Chamber of Deputies’ vote on March 12, 2019, and is expected to enter into force in due course » 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.

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Latest Case Law: Mexican Supreme Court Establishes New Dispositions Regarding Pregnant Women According to the recent case law provided by the Mexican Supreme Court, the resignation of a pregnant woman, who suddenly resigns must be recorded in an indubitable manner, and for that waiver to be probative, it must contain the reasons and particular circumstances of that decision, in order to establish that it was the univocal and free decision of the employee » Read More

Impending Changes of Legislation: Mexican Chamber of Deputies discussed the Amendment of the Federal Labour Law The Amendment to the Federal Labour Law (FLL) would change the proceedings of the current FLL » 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

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Other Observations: The Netherlands: Summary of Compensation Schemes and Transition Payments after 2 years of Sick Leave This overview applies to i) Compensation for transition payment after 2 years of sick leave; ii) Compensation scheme seeks to prevent additional costs for employer; iii) Conditions for being compensated for transition payment; and iv) Contradictory judgments from the courts on said matters » 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)

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Impending Changes of Legislation: Norway: Changes Proposed Towards Clarification And Possible Extension Of Whistle-Blowing Legislation The Department of Labour and Social Affairs has proposed changes aimed at clarifying which situations should, and should not, fall within the scope of the whistle-blowing rules » 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 i Współpracownicy

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Impending Changes of Legislation: Poland: Novelisation Of A Number Of Legal Acts To Ensure The Proper Use Of The Gdrp Now Coming Into Force Almost a year after the introduction of the GDPR, and after a long legislative process, the long-awaited novelisation of a number of legal acts to ensure the proper use of the GDRP will come into force on May 4, 2019 » 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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Sweden | Advokatfirman Cederquist KB

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Latest Case Law: Sweden: Court Ruling That Disobedience And Inappropriate Behaviour Constituted Grounds For Dismissal With Notice, But Not Summary Dismissal An employee of a care centre for minors was summarily dismissed due to, inter alia, disobedience and inappropriate behaviour. The Labour Court found that the employee’s actions had constituted a violation of her employment obligations, but that the actions were not serious enough to constitute grounds for summary dismissal » 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 Kingdom | Clyde & Co

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Latest Case Law: UK: Key Employment Law Changes In April 2019 There are some important changes to employment law coming into force in April 2019, including new rules on itemised payslips and increases to national minimum wage rates and minimum auto-enrolment pension contributions. Read on to find out the key changes employers with UK employees should be aware of » Read More
UK: Employer Must Have Reasonable And Proper Cause To Suspend In Response To Allegations Of Misconduct The Court of Appeal decides that the proper test for determining whether an employer can lawfully suspend an employee to investigate allegations of misconduct is whether the employer's decision was a "reasonable and proper" response to the allegations » Read More
UK: Compensation For Failure To Provide Rest Breaks The Employment Appeal Tribunal finds that personal injury damages are available for failure to provide rest breaks under Working Time Regulations 1998 (WTRegs) » Read More
UK: Ir35 - Off Pay-Roll Working In The Private Sector - Consultation Published HMRC has published a policy paper and consultation document on extending the off-payroll working rules to the private sector from April 6, 2020. The consultation envisages that the new rules will only apply to large and medium sized businesses so it is likely that businesses with less than 50 employees or an annual turnover of less than £10.2 million will not be caught » Read More
UK: Can Disability Discrimination Arise Out Of A Mistaken Belief? The Employment Appeal Tribunal finds no causal connection between employee’s mistaken belief and her disability, so no disability discrimination is found » 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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