Employees placed in “Mandatory Preventive Social Isolation” are relieved from duty to attend the workplace

New resolution provides that in case the tasks of the employees can be performed from their place of isolation, they must establish, with their employer, the conditions under which such work will be performed. » Read More

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

Variations to Modern Awards and Introduction of the JobKeeper Scheme in Response to Serious Industry Concerns During the COVID-19 Crisis

The COVID-19 pandemic has impacted the Australian economy in an unprecedented manner and has sparked the urgent need to preserve the ongoing viability of Australian businesses and jobs. » Read More

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

New socio-economic measures due to coronavirus

The Belgian Government has approved several new socio-economic measures, which give employers and employees some flexibility to cope with the coronavirus crisis. » Read More

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

Brazil establishes an Emergency Program for the Maintenance of Employment and Employees’ Income

On 1 April, the Brazilian Federal Government established an emergency employment and employees’ income maintenance program and determined additional measures that may be adopted by companies during the COVID-19 pandemic. The Program has three defined goals: i) Preserve employment and employees’ income during the state of public calamity; ii) Ensure continuity of work and business activities; and iii) Reduce social impacts caused by the coronavirus. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Mihoko Sirley Kimura (Partner) of TozziniFreire Advogados at mkimura@tozzinifreire.com.br or visit www.tozzinifreire.com.br.

Supplemental Unemployment Benefit Plans – Overview for Employers

The ongoing COVID-19 pandemic has created an unprecedented economic climate for businesses across Canada.  Many businesses have responded by closing their doors and laying-off employees. In some cases, employers seeking to assist laid-off employees during this ongoing period of economic uncertainty may consider “topping up” or “supplementing” their employees’ Employment Insurance Benefits by registering a Supplemental Unemployment Benefit Plan with Service Canada. » Read More

Canada Emergency Wage Subsidy Legislation Receives Royal Assent

On 11 April 2020, the COVID-19 Emergency Response Act, No. 2 implemented a 75% wage subsidy for eligible employers. This subsidy is available for up to 12 weeks, retroactive from 15 March 2020 until 6 June 2020. » Read More

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

New legal regulations related to working remotely

As from 1 April 2020, a new law entered into force providing legal protection to employees who work from home or from places different from the employer´s premises. » Read More

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

Change of Employer Shall Not Be Interpreted as Change of Employment Contract in Shanghai

The PRC Employment Contract Law requires the employer and employee to negotiate the change of an employment contract before termination, under certain circumstances. The Shanghai No. 1 Intermediate People’s Court ruled that negotiation on change of employer shall not be interpreted as negotiation on change of the employment contract. » Read More

Written Employment Contract Can Be Concluded in Electronic Form

The Ministry of Human Resources and Social Security officially announced that, upon mutual consent by both employers and employees, written employment contracts can be concluded in electronic form and in compliance with the Electronic Signature Law and other applicable laws. » Read More

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

Summary of Recent Labour and Employment Law Developments

In the past month, there have been several labour and employment law developments, chief among them: i) Colombia is under mandatory isolation until April 26 – 11:59 p.m.; ii) recommendations published to be implemented by employers in order to protect employment; iii) benefits for people whose income has been affected by the COVID-19 crisis; iv) contributions to social security during the months of April and May; and v) government imposes mandatory contribution to public workers that have high incomes and on high monthly pension allowances. » Read More

For more information on these articles or any other issues involving labour and employment matters in Colombia, please contact Alejandro Castellanos (Partner) of López & Asociados at alejandro.castellanos@lopezasociados.net or visit www.lopezasociados.net

CJEU reiterates conditions for setting aside A1-declarations in Vueling Case

In a recent ruling, the Court of Justice of the European Union has confirmed the conditions for national courts to set aside the binding force of A1-declarations in case of fraud. » Read More

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

Case law offers new precise information on evidence of overtime

In the event of a dispute relating to the existence or number of hours worked, it is for the employee to submit, in support of his claim, sufficiently precise information concerning the unpaid hours he claims to have worked to enable the employer, who is responsible for monitoring the hours worked, to respond usefully by producing its own information. The judge forms his conviction by taking into account all of these elements in the light of the requirements set out in the aforementioned legal and regulatory provisions. » Read More

France legislates to help limit the economic fallout of COVID-19

The French executive and parliament have taken emergency legislative measures in response to the COVID-19 health crisis and the economic fallout that it has caused. The numerous laws, decrees, and ordinances cover a wide variety of labour and employment matters. The major aims of these measures are to provide economic support to businesses, adapt labour and employment rules to the new context, and modify the rules of corporate governance. » Read More

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

Employer can be liable for any resulting damages from providing incorrect, unclear or incomplete information on a company pension scheme

Information provided by the employer or his vicarious agents must be correct, clear and complete. This also applies to information relating to a company pension scheme, which the employer is not obliged to provide, but which he provides “voluntarily”. If the employer fails to comply with the standards for such information, he may be liable for any resulting damage. » Read More

A transfer of undertaking (TUPE) may also occur in cases where the main technical equipment of the business is not taken over by the acquirer

The European Court of Justice has affirmed a TUPE in the case of a bus company transferred to a new owner without the acquirer taking over the main operational resources, in particular the buses used for customer transportation. This ruling contradicts an earlier ruling of the German Federal Labour Court relating to an ambulance service that was transferred without the ambulance cars. Therefore, the German Federal Labour Court may have to adjust its views on TUPE in future rulings. » Read More

For more information on these articles or any other issues involving labour and employment matters in Germany, please contact Dr. Tobias Pusch (Partner) of Pusch Wahlig Workplace Law at pusch@pwwl.de or visit www.pwwl.de.

Employers and the Coronavirus

In order to combat the COVID-19 crisis, the Indian government has been taking measures both at the Central and the State Level, which includes issuance of directions and orders with respect to employment laws in India. » Read More

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

Short Term Business Travel to Italy is Allowed but there are Formal Protocols to Follow

With the Decree of the President of the Council of Ministers issued last Friday on April 10th, 2020 the Italian government has provided guidelines for people who are required to travel to, or through, Italy for business purposes. More specifically the new requirements are outlined in Article 5 of the 29 page Decree under the heading ‘Transits and Short-Term Stays in Italy’. » Read More

COVID-19 and workplace safety for riders

Following the outbreak of COVID-19 in Italy, gig workers or so called “riders” are among the few categories of workers carrying on their activity during quarantine. The Court of Florence has stated that riders are entitled to receive protective masks, disposable gloves and sanitizer gel to sanitize their backpack. Such protective equipment shall be provided by the employer to each rider. » Read More

Approval of redundancy fund by way of derogation and the suspension of dismissals

The so called “Decreto Cura Italia“ refers to the approval of redundancy fund by way of derogation and the suspension of dismissals. The Italian Government also issued a new law with measures aimed at helping Italian companies. » Read More

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

Japan: COVID-19 and Employment Law – Some Key Questions

The sudden onset of the Covid-19 emergency has caused significant disruption across swathes of the Japanese economy and raised novel and urgent questions for employers as they seek to handle the challenges they face, whilst balancing the protection of their business and their obligations to their workers. This memorandum briefly addresses a number of key employment law issues and questions. » Read More

For more information on these articles or any other issues involving labour and employment matters in Japan, please contact Tatsuo Yamashima (Partner) of Atsumi & Sakai at tatsuo.yamashima@aplaw.jp or visit www.aplaw.jp.

Important Change for Employees on Sickness Leave

The grand-ducal regulation foresees the suspension of the protection period of 26 weeks against termination. This suspension will apply during the entire sanitary crisis and blocks the employer from terminating with notice the employee on sick leave, except for serious misconduct. The fraction of the 26 weeks that remains at the beginning of the crisis (18 March 2020) resumes running the day after the end of the crisis (19 June 2020). » Read More

Disciplinary measures and employee obligations during the COVID-19 crisis

Given the threat posed by COVID-19 and in order to deal with the inevitable decline of the economy caused by the pandemic, several urgent and immediate measures derogating from the Labour Code have been adopted by the Government. In particular, the legal regimes for short-time working and extraordinary leave for family reasons have been extensively modified in order to be able to respond to the exceptional circumstances of this health crisis. » Read More

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

Legal and Administrative Regulation to Facilitate the Payment of Social Security Obligations

On 13 April, the Technical Council of the IMSS issued a Newsletter to announce the guidance mechanisms to facilitate the execution of payment agreements regarding social security payments. It is important to note that this section already provided for the possibility of making deferred payments of social security fees. » Read More

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

Corona Crisis and the workplace – Employment law aspects of the ‘NOW’

On 31 March 2020, the temporary bridging emergency measure for job preservation (hereinafter: the NOW) was published by the Dutch government. The NOW aims to prevent unemployment as much as possible as a result of the Corona crisis. The NOW provides for a subsidy for wages of three months. In principle, wage costs for the months of March to May 2020 are compensated. If it is expected that the turnover will decrease with a delay, the compensation can also be started on 1 April or 1 May. The start date must be stated with the application and can no longer be adjusted. » Read More

‘NOW’ Updates – new amendments announced by the government of the temporary bridging emergency measure for job preservation during corona crisis

On 22 April 2020, the Dutch government informed the House of Representatives by letter about the state of affairs regarding the application of the NOW scheme to groups, seasonal work and the WW premium differentiation. Therefore, employers should inform their employees in writing at least once a year about: i) the balance of the employee's accrued but not taken statutory vacation days; ii) which expiry date applies to these holidays; and iii) that the holidays will lapse if they are not taken up before this date. » Read More

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

Sweeping Measures enacted in Response to the COVID-19 Crisis have real Consequences for Employers and Employees

Like many other European countries, Norway has witnessed unprecedented intervention from the nation’s parliament and various other government agencies in recent weeks. Crisis measures include substantial alterations to, among others, the National Health Insurance Act, the Working Environment Act, the Layoff Pay Act and certain tax regulations applicable to companies. Collectively, these actions seek to lighten the burden for both employers and employees in these most challenging of times. We will quickly go through the most significant labour law-related changes. » Read More

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

Subsidies to the remuneration of employees affected by economic downtime or reduced working hours as a result of the COVID-19 epidemic

The recently amended act is commonly referred to as the anti-crisis shield, as it introduced various forms of support for entrepreneurs, employers, employees and service providers. » Read More

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

Legal Implications of COVID-19

The Coronavirus (COVID-19) pandemic has, in an unexpected and overwhelming way, affected the daily lives of companies and citizens, the economy and the financial system. The circumstances in which Portugal and the rest of the world find themselves raise countless legal questions, which must be individually identified, placed systematically and answered clearly to address the concerns and the problems that affect economic agents.
Prepared by a multidisciplinary team, this Information Note aims to provide clients and the marketplace with a useful guide and a discussion about common concerns. In this paper, we intend to contextualise and clarify some of the most urgent questions that economic agents are now faced with and shall seek to update the information provided with the emergence of other relevant data. » Read More

COVID-19 Employment Support Measures

The COVID-19 pandemic is deeply affecting our way of working. A substantial amount of new legislation and assorted regulations were published in Portugal in March and April, instituting temporary and exceptional measures to respond to the impact of the Coronavirus pandemic, and to give employers and employees the means to adjust their working relations in accordance with these emergency measures. » Read More

For more information on these articles or any other issues involving labour and employment matters in Portugal, please contact Pedro Pardal Goulã (Partner) of Morais Leitão at pgoulao@mlgts.pt or visit www.mlgts.pt.

COVID-19 measures

Various measures have been put in place in order to tackle the impact resulting from COVID-19. » Read More

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

Employees affected by COVID-19 measures will receive an indemnity during the state of emergency

The state of emergency that was first declared on 16 March 2020 by the President was extended on 15 April 2020 for an additional 30 days. During the state of emergency, a series of exceptional legal provisions continue to be adopted in order to limit the spread of COVID-19, as well as to offer support to individuals affected by the pandemic. » Read More

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

Summary of Recent Labour and Employment Law Developments

In the past month, there have been several labour and employment law developments, chief among them: i) adding a new clause to the Labour Law and ii) various measures have been put in place in order to tackle the impact resulting from COVID-19. » Read More

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

State of Alarm declared due to COVID-19

The State of Alarm was declared on 14 March 2020, obliging people to stay at home and establishing orders to limit the free movement of people and the closure of businesses. At the beginning, the State of Alarm was supposed to have a duration of 15 days. Nevertheless, it has already been extended twice, and is presently expected to remain in effect until 26 April 2020 at 00:00 hours. » Read More

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

Employment Law Tips for COVID-19

The daily new developments in the corona crisis lead to many uncertainties and labour law issues with regard to short-time work compensation, vacation arrangements, compensation for overtime hours worked and more. » Read More

For more information on these articles or any other issues involving labour and employment matters in Switzerland, please contact André Lerch (Partner) of Humbert Heinzen Lerch at Lerch@hhl-law.ch or visit www.hhl-law.ch.

New proposal recommends additional support for employers struggling with financial difficulties caused by the coronavirus

Swedish employers may currently be eligible to receive financial support when applying short time working arrangements, as a measure to cope with financial difficulties caused by the coronavirus pandemic. A new proposal advocates that such financial support shall temporarily be reinforced in order to help employers reduce their salary costs by approximately 70 percent. » Read More

Covid-19 and Contractual Relationships – Issues to Consider

Covid-19 affects people and businesses globally and may impact the ability to fulfil various contractual obligations. The situation is rapidly changing, and it is important to be prepared and flexible. » Read More

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

New resolution sets limits on the number of employees permitted to work at the employer’s premises during COVID-19 pandemic

A new resolution was recently issued regarding remote working in the private sector, limiting the percentage of an employer’s workforce that may work at the employer's premises during the current period wherein precautionary measures have been enacted to thwart the spread of COVID-19. » Read More

Committee is formed to monitor the stability of the conditions of locals working in the private sector

New resolution issued establishing a committee to monitor the stability of UAE nationals working in the private sector. » Read More

New measures implemented to stabilise employment in private sector establishments

Rather than terminating employees, employers should first consider alternative means of reducing staffing costs. » Read More

Resolution prohibits COVID-19 violations

New resolution prohibits the violation of any precautionary and preventative measures, instructions and duties issued in relation to maintaining health and safety to prevent the risk of spreading COVID-19, and grants such authorities the power to impose administrative penalties and other sanctions in the event of recurring breaches. » Read More

Resolution stipulates the penalties for violations of measures enacted to combat COVID-19

This resolution sets out specific penalties for failing to adhere to home quarantine instructions, observing safe distance between individuals and other measures, instructions and duties applied to limit the spread of COVID-19. » Read More

COVID-19 measures

Various measures have been put in place in order to tackle the impact resulting from COVID-19. » Read More

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 at Rebecca.Ford@clydeco.ae or visit www.clydeco.com.

Vicarious liability - Assaults by an Independent Contractor

The Supreme Court has found that Barclays Bank was not vicariously liable for sexual assaults carried out by a doctor who was engaged as an independent contractor. » Read More

Vicarious liability - Data theft by an Employee

The Supreme Court has ruled that the supermarket chain Morrisons was not vicariously liable for the actions of a rogue employee who, driven by a grudge against the company, took payroll data relating to 100,000 employees and published it online. » Read More

Government's Coronavirus Job Retention Scheme is now Open

The UK government's Coronavirus Job Retention Scheme, which is designed to support employers in paying employees' salary for those who would otherwise be laid off during the pandemic, opened for claims on 20 April. » Read More

IR35 tax reforms postponed due to Coronavirus

The government has announced that the new off-payroll working rules (IR35) will be postponed until April 2021. » Read More

Statutory bereavement leave and pay for parents from April 2020

From 6 April 2020, parents who have suffered the loss of a child under 18, or a stillbirth from 24 weeks' pregnancy, will be entitled to two weeks’ statutory parental bereavement leave. They can also receive statutory parental bereavement pay if they have 26 weeks’ service. » Read More

COVID-19 Employment – HMRC expands guidance on the Job Retention Scheme

Further guidance has now been published by HMRC to address some of the uncertainties around the Coronavirus Job Retention Scheme, which was announced on 20 March 2020 and which is designed to support employers in paying employees’ salaries through the crisis. This update provides a summary of the key new information for employers in the revised guidance on furloughing employees under the Coronavirus Job Retention Scheme. » Read More

Guide to UK Employment Issues and Coronavirus

With the UK government having announced strict new stay at home requirements from 23 March 2020, all UK businesses will have to adapt swiftly to the new rules. Government assistance is available in the form of loans and grants. Particularly relevant is the recent announcement that employers will be entitled to a grant of 80% of employees’ wages for employees who would otherwise be laid off as a result of the crisis. » Read More

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 at robert.hill@clydeco.com or visit www.clydeco.com.

Employer Obligations to Notify Employees of Wage Reductions

As wage reductions become a common solution to the uncertain environment resulting from the COVID-19 pandemic, U.S. employers have had to make some difficult decisions. Many have laid off or furloughed employees, while others have been forced to reduce wages to stay afloat. » Read More

OSHA Recommends Best Practices to Prevent Whistleblower Retaliation

The laws that the Occupational Safety and Health Administration (OSHA) enforces govern workplace safety and health at construction sites and prohibits employers from retaliating against employees who engage in protected activities, such as reporting workplace hazards, injuries, illnesses, or potential violations of the law. They also protect employees who refuse to violate a law or cause a workplace hazard. » Read More

Strings Attached – Accepting COVID-19 Financial Relief Could Limit Ability to Oppose Union Organising

Businesses that seek financial assistance under the Coronavirus Aid, Relief, and Economic Security (CARES) Act will be subject to several unique restrictions that could dramatically affect a company’s future. While the pending legislation has the potential to provide unprecedented levels of financial relief to employers harmed by the coronavirus (COVID-19) pandemic, employers must consider the terms of that relief carefully before deciding to accept it. » Read More

CARES Act Leaves Out Bailout of Private Union, Multiemployer Pension Plans

Omitted from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was a proposed bailout of private union or multiemployer pension plans in significant financial jeopardy. Although it was in the House version of the bill (House Bill) sent to the Senate, it was not in the version signed into law by President Donald Trump on 27 March 2020. » Read More

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

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