Employment Law Tracker

Filion Wakely Thorup Angeletti and L&E Global is pleased to present you with the most recent employment law updates, webinars & international events for August 2019.


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Argentina | Allende & Brea

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Latest Case Law: Argentina: Labour Court considers whether an employee, who informally represented other employees before the employer is protected against dismissal as a union delegate? In this particular case, the Labour Court considered that the employer had the burden to prove that the dismissal of the employee was not related to the employee´s claims against the company and his recent affiliation to the union. The Court ruled that even though the employee was not formally appointed as a union delegate, and consequently could not be afforded protection under union laws, the dismissal was discriminative and therefore null. Accordingly, the employer was ordered to reinstate the employee and pay him moral damages compensation » 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: Fair Work Commission reduces compensation amount to zero for unfairly dismissed solicitor where misconduct was discovered after the termination The Fair Work Commission has reduced to zero the compensation payable to a solicitor, found to have been unfairly dismissed from a criminal law firm, following revelations that the solicitor had misused the firm’s confidential information during and subsequent to his employment » Read More

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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: Belgian protection for witnesses of discrimination is insufficient according to the Court of Justice In a recent judgment, the Court of Justice ruled that witnesses of discrimination are not sufficiently protected by Belgian legislation on discrimination » 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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Brazil | TozziniFreire Advogados

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Impending Changes of Legislation: Brazilian Congress approves the Provisional Measure of Economic Freedom On August 21, 2019, the Senate approved the final text for conversion into law of the provisional measure 881/2019, the so-called “Provisional Measure of Economic Freedom”. The new rule, which will still have to go through the presidential approval process, seeks to reduce the bureaucracy of entrepreneurial activities, especially those at low risk. If approved, it will affect several different aspects of Brazilian law, including labour » Read More
Brazil: General Data Protection Act of Brazil (“LGPD”) will be in force in one year The General Data Protection Act of Brazil (known as “LGPD”) was published in August 2018 and substantially alters the way data collection and treatment are performed in Brazil. The LGPD will become effective in August 2020, thus companies have only 12 months to adjust their internal structure to ensure compliance with the Law, which includes adjusting their HR procedures related to data collection and treatment » Read More

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

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Canada | Filion Wakely Thorup Angeletti

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Impending Changes of Legislation: Canada: Modernisation of the Canada Labour Code and Changes Effective 1 September 2019 Bill C-86 introduced a number of amendments to the Canada Labour Code. The bill subsequently received royal assent on 13 December 2018. These amendments will come into effect beginning on 1 September 2019. This article provides a summary of some of the key changes » 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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Chile | Cariola Díez Pérez-Cotapos

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Impending Changes of Legislation: Chile: Latest follow up on the huge discussion to come: Bill on Reducing Working Hours per Week A huge discussion is underway in Chile, related to weekly worked hours limitations. Now the Government has issued its own bill of law, to diminish from 45 maximum workable hours per week to 41 (average), among other changes, and to implement the diminution in a gradual way » 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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Colombia | López & Asociados

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Impending Changes of Legislation: Colombia: Summary of recent labour and workplace related issues Throughout the month of July, two main modifications regarding labour law and workplace related issues have taken place, chief among them: i) criteria for authorising the termination of employment contracts and ii) instruments for the evaluation of psychosocial risk factors » Read More

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

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European Union | Van Olmen & Wynant

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Impending Changes of Legislation: EU: Directive on Transparent and Predictable Working Conditions entered into force Directive 2019/1152 on Transparent and Predictable Working Conditions, one of the main social achievements of the Commission Juncker, has been officially published on 11 July 2019 and entered into force on 31 July 2019. The member states now have three years (until 1 August 2022) to comply with its provisions » Read More

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

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France | Flichy Grangé Avocats

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Latest Case Law: France: The French Supreme Court has validated the indemnity scale for compensating unfair dismissal There is dissension over the so-called “Macron indemnity scale” (barème Macron), instituted in September 2017 by one of the “Macron orders” (ordonnances): in the event of unfair dismissal, an indemnity scale has been defined, with a base and a cap on compensation by the Courts. While some Industrial Tribunals have disregarded the indemnity scale on the basis that it contradicts international norms, others have taken the opposite view. Consulted on an advisory basis, the French Supreme Court (Cour de Cassation) issued an opinion on 17 July 2019, according to which, the indemnity scale does not contradict international norms. Being a “mere” opinion however – rather than a judgment - it is not binding on the Lower Courts. A number of Industrial Tribunals have thus chosen to disregard the Supreme Court’s view and have refused to apply the indemnity scale. The issue will come before several Appeals Courts in late September » Read More
France: Permission to dismiss may be struck down where it can be shown that the employer knew that the protected employee held a representative mandate outwith the company as such In order for a Labour Inspector to validly consider a request for permission to dismiss, he must take into account all mandates held by the protected employee, including those outwith the company as such, i.e. representative mandates that do not concern the company directly. The Conseil d’État has just stressed that the employee will be entitled to protection, if it can be shown that by the date on which the preliminary hearing was held, the employer had learnt of the mandate(s), whether from the employee himself or in some other way » Read More

Impending Changes of Legislation: France: By 1 September 2019, companies with a workforce of 250 to 1,000 employees must have calculated and published their “equal pay” index Amongst the measures to enter into force during the 2nd half of 2019: by 1 September 2019, companies with a workforce of 250 to 1,000 employees must have calculated and published their “equal pay” index. As for occupational training and its funding calendar: by 15 September 2019, companies must have put up an advance corresponding to 75 % of the dues designated for training purposes. The new procedure for acknowledging the occupational nature of an illness or accident, will apply to all such events declared from 1 December 2019 onwards » 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: Latest developments in vacation law: An overview of the latest case law and a practical guide for employers In order to comply with the latest case law concerning vacation law, the employer will need to provide its employees with substantial information regarding their vacation entitlement to enable the forfeiture of vacation not taken » Read More
Germany: Extraordinary dismissal without notice for defamation via WhatsApp An employer may be entitled to extraordinarily terminate the employment relationship with an employee, who makes untrue allegations about other colleagues via WhatsApp, which are likely to seriously damage a colleague’s reputation » 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

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Impending Changes of Legislation: India: The State Government of Karnataka has notified the Karnataka Maternity Benefit (Amendment) Rules, 2019 The Government of Karnataka has notified the Karnataka Maternity Benefit (Amendment) Rules, 2019 (“Crèche Rules”), which pertains to the provision of crèche facilities to employees by the employers » 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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Mexico | De La Vega & Martinez Rojas S.C.

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Impending Changes of Legislation: Mexico: “Inspection Program released by the Ministry of Labour and Social Welfare for 2019” On 31 July, the Ministry of Labour and Social Welfare released the Inspection Program for 2019, the main purpose of which seeks the modification of the survey scheme for the legal labour normativity fulfillment, to discourage abusive outsourcing, sub register, as well as promote security, health and safety in the employment and the fulfillment of legal obligations regarding capacitation » Read More
Mexico: “Protocol for the Legitimation of Existing Collective Bargain Agreements” On 31 July 2019, the Protocol for the Legitimation of Existing Collective Bargain Agreements was published in the Official Journal of the Federation. The objective of this Protocol is to establish the procedures and mechanisms for compliance with provisions contained in the amendment to article 123, published in February 2017, as well as the international agreements assumed by Mexico to the effect that, within a period of four years, counted as from 1 May 2019, all existing collective bargaining agreements will be reviewed at least once during that period » 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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Impending Changes of Legislation: The Netherlands: Temporary employment contracts: the “chain rule” after 1 January 2020 The chain rule stipulates when successive, temporary employment contracts are converted into an employment contract for an indefinite period of time. At the moment, this is the case when more than three temporary employment contracts succeed each other or if the duration of the successive contracts exceeds a period of two years. With the introduction of the Balanced Labour Market Act (Wet arbeidsmarkt in balans) this latter period has been extended from two to three years » 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 & Wspolpracownicy

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Impending Changes of Legislation: Poland: Persons under 26 years of age excluded from personal income tax On the basis of art. 21 item 1 pt. 148 of the Act of 26 July 1991 on Personal Income Tax, persons under 26 years of age gaining income from a service relationship, employment relationship, outwork, cooperative employment relationship or mandate contracts shall be free from income tax up to the amount not exceeding PLN 85,528.00 (c.a. EUR 19,800.00) in a tax year (in 2019 proportionally PLN 35,636.67 – c.a. EUR 8,220.00). The above regulation has come into force from 1 August 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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Qatar | Clyde & Co

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Other Observations: Qatar: New Qatar Visa Centres The Ministry of Interior has introduced and announced a new process for employers to complete their work visa procedure, which must now be undertaken through the newly established Qatar Visa centres » 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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Saudi Arabia | Clyde & Co

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Impending Changes of Legislation: Saudi Arabia: Saudi women to be allowed to travel abroad without having to obtain permission from a male guardian The government has approved amendments to the law, to allow Saudi women to apply and obtain a passport without the approval of a male relative » Read More
Saudi Arabia: Foreign nationals recruitment restrictions The government has announced plans to introduce foreign national recruitment restrictions within the hospitality sector, and specifically to hotel resorts, hotels rated 3* and above, and hotel apartments rated 4* and above » Read More
Saudi Arabia: The Ministry of Labour and Social Development has issued the above law banning smoking in the workplace Decision No. 209517 dated 22/11/1440 (corresponding to July 25, 2019) banning smoking in the workplace. The new law will come into effect on September 1st, 2019, prohibiting smoking to be undertaken in the workplace. » Read More
Saudi Arabia: The law amends the retirement age for women to 60 years old The new law, which came into effect on 2 August 2019 increases the retirement age for women from 55 years old to 60 years old, in line with the retirement age for men » 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 | Suárez de Vivero

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Latest Case Law: Spain: The request for adaptation of working hours is compatible with the reduction of working hours The judgment of the Labour Court No.26 of Madrid dated 10 May 2019 establishes that the request for adaptation of working hours is compatible with the situation of reduction of working hours. This is due to the novelty introduced by the Royal Decree Law 6/2019 on urgent measures to guarantee equal opportunities for women and men in employment and occupation, that was published on 1 March 2019 » 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 Suarez, Partner at Suárez de Vivero (www.bufetesuarez.com) at isuarez@bufetesuarez.com.

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Sweden | Advokatfirman Cederquist KB

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Latest Case Law: Sweden: Relationship with a criminal constitutes legal grounds for dismissal of a police officer The Labour Court ruled that a dismissal of a female police officer, who had been dismissed following a failed security check, was lawful. The outcome of the security check itself did not constitute legal grounds for dismissal, but the circumstances related to the outcome, for example her relationship with a man who had a criminal record, constituted legal grounds for dismissal of the police officer » Read More

Impending Changes of Legislation: Sweden: Amendments of Swedish legislation limit the right to strike against employers that are bound to a collective bargaining agreement with another trade union Legislative changes concerning the Co-Determination in the Workplace Act stipulate that employees may only conduct or participate in a strike against an employer already bound to a collective bargaining agreement under certain conditions » 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

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Impending Changes of Legislation: UAE: Relative-sponsored work permits for male applicants Male applicants sponsored by their relatives for residence permit purposes may now apply for a relative-sponsored work permit in order to work for an employer registered with the Ministry of Human Resources and Emiratisation (MOHRE) » Read More

Other Observations: UAE: Labour Market Testing Requirements The Ministry of Human Resources and Emiratisation (MOHRE) has increased enforcement of labour market testing requirements » Read More
UAE: Wage Protection System The Wage Protection System has been refined to exclude certain groups of employees » 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 States | Jackson Lewis P.C.

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Latest Case Law: U.S. Supreme Court Roundup – 2018-2019 The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII of the Civil Rights Act claims » Read More

Impending Changes of Legislation: USA: Does the CCPA Apply to Your Business? The California Consumer Privacy Act (CCPA), considered the most expansive U.S. privacy laws to date, is set to take effect on 1 January 2020. In short, the CCPA places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal information. Wondering whether they will have to comply, many organisations are asking if the law will apply to them, hoping that being too small, being located outside of California, or “only having employee information,” among other things, might cause them not to have to gear up for CCPA. It is important to note however, that the law is still, and therefore is recommended that organisations continue to monitor these developments to determine if the CCPA will apply to them » Read More
USA: New York Enacts SHIELD Act, Adding Data Security Requirements and Strengthening Data Breach Requirements New York has enacted the Stop Hacks and Improve Electronic Data Security Act (SHIELD Act) to amend the state’s data breach notification law to impose more expansive data security and data breach notification requirements on companies. The move aims to ensure New York residents are better protected against data breaches of their private information » Read More
USA: Oregon Passes Paid Family and Medical Leave Law Employers in Oregon must provide up to 12 weeks of such paid leave to eligible employees beginning 1 January 2023, under the bill (HB 2005) passed by the state legislature. Governor Kate Brown has said she intends to sign the bill. Oregon has joined a growing number of states to require employers to provide their workers paid family and medical leave. The state, however, has the distinction of being the first to require that low-income workers be paid 100% of their wages while on leave — up to 65% of the state average weekly wage (calculated at $1,044.40 for the period 1 July 2019, to 30 June 2020), with benefits capped at 120% of the state average weekly wage. HB 2005 creates the Family and Medical Leave Insurance (FAMLI) Program, modeled after Oregon’s unemployment insurance program, and paid leave will be funded with payroll contributions » 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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