UPCOMING WEBINARS

L&E Global’s 2018-2019 International Webinar Series

Each webinar will have a duration of 1 hour and is free of charge. You can register for the webinar(s) of your preference via the specific registration button and feel free to forward the invitation to any of your colleagues.

 

Employment Law Tracker

 

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

 

Browse by Country


Argentina | Australia | Belgium | Brazil | Canada | Chile | China | France | Germany | India | Italy | Luxembourg | Mexico | The Netherlands | New Zealand | Norway | Poland | Portugal | Qatar | Romania | Saudi Arabia | Spain | Sweden | Switzerland | United Arab Emirates | United Kingdom | United States


Argentina | Allende & Brea

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Latest Case Law: Argentina: Can employers monitor employee’s corporate emails? The National Labor Court of Appeals of the City of Buenos Aires, in a recent judgment, decided that the employer may not fairly dismiss an employee based on evidence obtained from the employee’s corporate email, if the use of the corporate email has not been specifically regulated and formally communicated to the employees » 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: Impending Changes of Legislation: New Legislation Targeting Modern Slavery Pass New South Wales Parliament The Modern Slavery Act 2018 (NSW) passed through New South Wales Parliament on 21 June 2018 and will commence at a date to be announced » Read More
Australia: Changes of Legislation regarding Family and Domestic Violence Leave now enshrined in all Modern awards From 1 August 2018 onwards, employees covered by an industry or occupation-based Modern Award will be entitled to five days of unpaid “family and domestic violence leave” per year » Read More

Upcoming International Events: Australia Webinar: Accessorial Liability: Know the Risks – Date: Wednesday 5 September 2018 at 1 p.m. AEST Under Australian law, any person or business providing payroll or other employment/HR-related advice or support to an employer can be held personally liable as an ‘accessory’ for that employer’s breaches of the Fair Work Act 2009 » View Webinar

Australia Webinar: HR Myth Busting – Date: Wednesday 3 October 2018 – 1pm to 1:30pm AEST Do you really need to give three written warnings before you can fire someone? Ever thought you can only ask for a medical certificate when an employee has been away for at least two consecutive days? Think all employees are subject to a ‘3 month probationary period’? These are just some of the common HR myths we will bust in this 30 minute webinar » 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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Latest Case Law: New act gives teeth to the protection of trade secrets in Belgium Before the implementation of EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, Belgian law did not provide for a general legal framework on the protection of trade secrets. The Belgian act transposing this directive should entail a stronger protection for undisclosed know-how and business information » 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: Human Rights Tribunal of Ontario Finds Employer Requirement that Employee Be Permanently Eligible to Work in Canada Discriminatory In yet another ground-breaking decision of potentially broad application to Ontario workplaces, the Human Rights Tribunal of Ontario determined that imposing a requirement that job applicants prove they are permanently eligible to work in Canada is discriminatory » Read More

Impending Changes of Legislation: Canada: Enhanced Entitlements for Workers under the Budget Implementation Act, 2018, No 1 Bill C-74, the Budget Implementation Act, 2018, No 1, is omnibus legislation to implement certain provisions of the federal budget that was tabled on February 27, 2018. The Bill received Royal Assent on June 21, 2018 and will amend several pieces of legislation to, among other things, enhance federal employment benefits » Read More

Other Observations: Canada: Arbitrator Concludes that Flexible Paid Time Off Is Distinct from New Personal Emergency Leave Entitlements In Carillion Services Inc. and LIUNA, Local 183 (Williams), an arbitrator concludes that new Personal Emergency Leave entitlements under the Employment Standards Act, 2000 (“ESA”) are distinct and in addition to an employee’s floater days under a collective agreement. This decision further clarifies the interaction between personal emergency leave under the ESA and other paid leaves provided by an employer » 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

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Latest Case Law: China: Employers can use the company’s Intranet to lawfully solicit employees’ opinions The Court held that the Employee Handbook released at the employer’s Intranet and open for opinion shall be deemed as sufficient fulfillment of soliciting employees’ opinions » Read More

Other Observations: China: Tax Authorities empowered to collect the social insurance contribution from companies and individuals The General Office of the Central Committee of the CCP and the State Council decided that the Social Insurance Contribution will start to be collected by the Tax Authorities » 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: The signing of a second mutally agreed termination (rupture conventionnelle) after refusal by the authorities requires a new cooling-off period When a first mutually agreed termination agreement is refused by the labour administration (Direccte), the new agreement entered into by the employer and employee requires a new, separate cooling off period of 15 days. The employer must absolutely respect this period before sending the new agreement to the Direccte for approval » Read More

Impending Changes of Legislation: France: New measures to prevent sexual harassment A recently passed law creates new measures to combat sexual harassment. Companies with at least 250 employees will have to appoint a point of contact for sexual harassment and sexist behavior (in practice it may be the human resources manager). In addition, the law reinforces the posting requirements in this area. A decree to be issued must set the conditions for the application of these measures, which will come into force by 1 January 2019 » 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

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Latest Case Law: Germany: Previously acquired leave may not be remunerated with reduced pay after a reduction in the part-time quota The reduction in working time must not result in annual leave acquired by an employee before such reduction and taken afterwards being remunerated with a reduced holiday pay » Read More
Germany: No invalidity of a claims forfeiture clause in an employment agreement due to a violation of the indispensability of the minimum wage if agreed before the German Minimum Wage Act came into force Insofar as a forfeiture clause in an employment agreement does not expressly exclude claims to a statutory minimum wage, it violates the German Minimum Wage Act. However, protection of legitimate expectations must be granted in respect of a contractual exclusion period agreed before the German Minimum Wage Act came into force on 1 January 2015, as the invalidity of such clause only results from a subsequent change in the law that was unforeseeable at the time the contract was concluded » 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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Italy | Lablaw - Studio Legale

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Impending Changes of Legislation: Italy: Further to the Parliamentary Commissions’ amendments, the so-called “Dignity Decree” is now under the Parliament Assembly examination The so-called “Dignity Decree” has introduced important innovations concerning fixed-term employment contracts, supply of work and penalties in the event of illegitimate dismissal, as provided by the so-called Jobs Act (i.e., for open-ended contracts stipulated after March 2015.) These provisions respond to the Government purpose of fighting the issue of unstable employment » 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: Amendments to the legal provisions regarding long-term sickness The Law of 25 July 2018 (publication in the Official Gazette pending) will amend the regime of continued absence for health reasons » Read More

Other Observations: Luxembourg: Wage Indexation New indexation of wages, salaries and pensions as of 1st August 2018. » 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: Mexico: The minimum daily wage is expected to increase to MXP $102.00 (USD $5.30 approx.) for 2019 Luisa Maria Alcalde, who will be the Minister of Labour during next Administration announced that she will propose a minimum daily wage of MXP $102.00 (USD $5.30 approx.) for 2019. In this way, the increase will be MXP $13.60 (around USD $0.70) » 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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New Zealand | SBM Legal

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Latest Case Law: New Zealand: Domestic Violence – Victims’ Protection Bill passed to enhance legal protections in the workplace for people affected by domestic violence The Domestic Violence – Victims' Protection Bill (“the Bill”) allows employees who are affected by domestic violence to take paid domestic violence leave and to request a short-term variation of their working arrangements (up to two months). The Bill also prohibits adverse treatment of employees affected by domestic violence » Read More

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For more information on these articles or any other issues involving labour and employment matters in New Zealand, please contact Don Mackinnon, Partner at SBM Legal (www.sbmlegal.co.nz) at don@sbmlegal.co.nz.

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Norway | Storeng, Beck & Due Lund (SBDL)

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Other Observations: Norway: Enforcement of new law on personal data The new Personal Data Act came into force on 20 July 2018. With this event, the EU’s General Data Protection Regulation (GDPR) is implemented in Norway » 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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Latest Case Law: Poland: Remuneration due to an employee not required to report for duty in the event of termination of an employment contract on the basis of a mutual agreement In the case decided by the Polish Supreme Court the parties of an employment relationship concluded an agreement on termination of the employment contract. The parties decided that the employee would not be required to report for duty in the period between the conclusion of the agreement and the actual termination. The Court held that for the time when an employee is not required to report for duty, between conclusion of an agreement on termination of an employment contract and the actual termination, the employee shall be entitled to remuneration resulting from his or her personal remuneration grade setting out an hourly or monthly rate, and if this component of remuneration was not established when setting the remuneration conditions - 60 per cent of the employee’s remuneration » 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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Romania | Magda Volonciu and Associates

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Latest Case Law: Romania: New law to regulate internships Law no. 176/2018 that comes into effect on August 18th 2018 is the first normative act to regulate internships in Romania. The new law regulates paid internships; the only type of internship recognized at this moment and establishes the minimal guidelines for companies considering implementing internship programs » 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

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Latest Case Law: Saudi Arabia: New law introduces electronic means of service A new law permits labour dispute settlement authorities to use various electronic means in serving notices, including text messages, emails and the government automated electronic systems » 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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United States | Jackson Lewis P.C.

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Other Observations: USA: Labor Department Independent Contractors Guidance Targets Home Care, Nursing, Caregiver Registries In its first substantive guidance on independent contractors, the Trump Administration has targeted misclassification in the healthcare industry. The Department of Labor (DOL) issued Field Assistance Bulletin No. 2018-4 (“Determining Whether Nurse or Caregiver Registries Are Employers of the Caregiver”) on July 13, 2018, to provide guidance to Wage and Hour Division (WHD) field staff on determining whether home care, nurse, or caregiver registries are employers under the Fair Labor Standards Act (FLSA). A registry is an entity that matches people who need caregiver services with caregivers who can provide those services » 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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