Employment Law Tracker

 

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

 

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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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Impending Changes of Legislation: Argentina: Argentine government establishes conditions to be met prior to dismiss employees New Decree provides that up to March 31, 2019, employers in Argentina must follow a procedure before dismissing without justified cause, employees hired under an indefinite term employment. The employer must serve notice of that dismissal upon the Ministry of Production. » 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: Executive dismissed “because of” mental disability: Federal Court of Australia The Federal Court of Australia has held that a global payments management company engaged in adverse action against a client executive “because of” his mental disability, when it dismissed him for reasons that included “serious concerns about [his] capacity to return to work” whilst he was on sick leave for work stress and depression. » Read More

Impending Changes of Legislation: Australia: New legislation about domestic violence leave On 12 December 2018, the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Act) came into effect. » 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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Impending Changes of Legislation: Belgium: Risk on increase of dismissal costs after 1 January 2019 The Act of 26 December 2013 laid down a deadline of 1 January 2019 in the Employment Contracts Act for the sectors to introduce new outplacement measures in collective bargaining agreements. As no sector has undertaken any action in this regard, the National Labour Council is trying to find a solution, as the absence of such provisions are punished by additional contributions for employers and employees in case of dismissal. » 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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China | Zhong Lun Law Firm

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Latest Case Law: China: It was held that the Company shall compensate the Employee for its failure to fulfill the commitment to arrange the Beijing Household Registration for the migrant Employee Beijing’s First Intermediate People's Court held that the Company shall compensate the Employee for its failure to fulfill the commitment to arrange the Beijing Household Registration for migrant Employee. » Read More

Other Observations: China: The Measures for Disclosure of Information on Labor Security Violations in Shenzhen Has Come into Effect as of December 1, 2018 The Shenzhen Municipal Human Resources and Social Security formulated the Measures for Disclosure of Information on Labor Security Violations that Has Come into Effect as of December 1, 2018 » 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: Digital platforms : works subject to gps tracking and disciplinary measures are employees The French supreme court’s labour and employment division has characterised the existence of an employment contract between a delivery worker and an online platform, justifying its decision on the fact that the application used GPS tracking, allowing the company to follow in real time the delivery worker’s position, counted the total number of kilometers traveled, and that the company had the authority to sanction the worker. » Read More

Impending Changes of Legislation: France: Exemptions on some contributions, the sanctioning of illicit work, profit sharing and more on the program of the new social security law of 2019 The bill for the 2019 social exemptions for companies was voted by parliament but has yet to be published. The text provides in particular for tax exemptions for overtime, the transformation of certain fiscal alleviation devices into social charges devices with the same purpose, and new provisions sanctioning illicit work. The measures will enter into force on January 1, 2019. However, many of these measures will need to be implemented via decrees that have yet to appear. » 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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Impending Changes of Legislation: Germany: The co-determination right of the works council regarding the use of a technical monitoring system also extends to the use of Microsoft Excel sheets documenting the employees’ presence times at work Under German statutory law, the works council has a co-determination right when the employer introduces or amends technical devices designed to monitor the behavior or performance of the employees. Such right also extends to the use of regular Microsoft Excel sheets when they are used to document the employees’ presence times at work. » Read More
Germany: Strike mobilization by a trade union may also be permitted on the company car park in front of the company premises The right to strike includes the right of a trade union to address workers immediately before entering the workplace in order to persuade them to participate in the strike. Depending on the circumstances of the individual case, such an action may be permitted on a company car park in front of the company premises. » Read More
Germany: The concept of temporary part-time work will be introduced under German law as of 1 January 2019 New German law regulation gives part-time employees a right to return to full-time work » Read More
Germany: German minimum wage will be raised to 9.19 Euros per hour from 1 January 2019 The current statutory minimum wage of 8.84 Euros per hour will be raised to 9.19 Euros per hour from 1 January 2019. The minimum wage is generally applicable to all employees in all sectors of business. » 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 Workplace Law (www.pwwl.de) at pusch@pwwl.de.

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India | IndusLaw

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Impending Changes of Legislation: India: Ministry of Women and Child Development, India Issues Guidelines For Setting Up Of Crèche Facilities The recently published Creche Guidelines brings across much needed clarity on the technical and specific requirements with respect to setting up a crèche facility. » 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 - Studio Legale

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Latest Case Law: Italy: How to calculate the indemnity for illegitimate dismissal after the Constitutional Court judgment? The first interpretation of the Court of Bari On September 26th, 2018, the Italian Constitutional Court declared the unlawfulness of Legislative Decree no. 23/2015 (better known as “Jobs Act”), in the part where it provides for the case of illegitimate dismissal of employees hired after March 7th 2018, an “increasing protection” system of penalties based only on the their specific length of service within the company. » 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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Mexico | De La Vega & Martinez Rojas S.C.

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Impending Changes of Legislation: Mexico: UPDATE Regarding the USMCA, the Commercial Agreement Between the United States, Mexico and Canada The new administration is about to introduce a bill to reform the Mexican Labour Code, reforms which will enforce the new constitutional reforms, and the implementation of ILO’s Convention 98 on freedom of association and collective bargaining, Convention that has been recently ratified by the Mexican Senate. This new legislation is also in line with the commitments that Mexico undertook in Annex 23-A of the USMCA. » Read More
Mexico: Mexican Labour and Social Welfare Ministry published the NOM 036 regarding ergonomic risk factors at work, identification, analysis, prevention and control The Labour and Social Welfare Ministry published NOM 036 regarding ergonomic factors at work. The NOM 036 establishes the elements to identify, analyse and prevent ergonomic risk factors, as well as to promote healthy and safe work environment. » 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: Transition payment may also be owed after instant dismissal Can an employer still owe a transition payment after a justified instant dismissal? The law states that a transition payment is not owed if the employee acted seriously culpable. Instant dismissal requires an urgent cause, but it is imaginable that the employee cannot be blamed for that cause in every case. » 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 i Współpracownicy

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Impending Changes of Legislation: Poland: The changes in the way of keeping employees’ personal files are getting closer On January 1st 2019 amendments to the Polish Labour Code are coming into force. The changes have been enthusiastically received by HR personnel. It was commented that the changes would improve managing of personal files, and that the amendments reflect the current realities and circumstances in the field of HR. » 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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Impending Changes of Legislation: Romania could issue working permits to more foreign workers in 2019 The Labour Ministry has published a project for a Government Decision establishing the maximum number of working permits that could be issued in 2019 for workers outside the EU and EEC. The maximum contingent announced by the Labour Ministry is the largest to date. The project is subject to public discussions and the maximum contingent could be modified by the date of the enforcement of the decision. » 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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Impending Changes of Legislation: Saudi Arabia: Online registration Process for Employment contracts The General Organisation for Social Insurance (GOSI) and the Ministry of Labour and Social Development has launched a new initiative for employers in private sector. » 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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Impending Changes of Legislation: Spain: The reasons of an agreed collective dismissal can not be reviewed in an individual claim The Supreme Court has declared that the reasons for a collective dismissal can not be reviewed in individual lawsuits, when the Consultation Period has ended with an agreement between the company and the Employee’s Comitee, and when the agreement has not been challenged. » 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: Failure to properly investigate relocation options resulted in a dismissal being deemed unlawful A baker was terminated with notice due to redundancy after the employer's decision to close down a bakery. While the Labour Court found that there was a real redundancy situation at hand, the dismissal was unlawful since the employer had not properly investigated the possibility to relocate the baker elsewhere within the business. » Read More
Sweden: It was not considered discrimination to terminate the probationary employment of an employee on parental leave An employee’s probationary employment was subject to early termination after a period of absence due to pregnancy and childbirth. The Labour Court found that the termination in connection with maternity was not discriminatory since circumstances presented by the employee did not suggest that discrimination had occurred. » 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: Amnesty scheme has been extended The Federal Authority for Identity and Citizenship has announced that the amnesty scheme will be extended further until 31 December 2018. » Read More
UAE: New Long–Term Residence Permits The Cabinet of the United Arab Emirates announced new conditions for getting a long-term residence permits for innovators. » 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.

Impending Changes of Legislation: United States: Fixing the H-1B Lottery – Setbacks for Non-U.S. Degree Holders The new Department of Homeland Security (DHS) proposal to update the H-1B process includes some efficiencies but will also change the current random selection lottery process. If the new selection process becomes effective in 2019 it will favor U.S. advanced-degree holders and make it more difficult for companies to obtain one of the limited number of H-1B visas for those holding non-U.S. advanced degrees. » Read More
United States: Labor Department Abandons ‘80/20’ Tip Credit Rule, to Relief of Restaurant, Hospitality Industries The Wage and Hour Division (WHD) of the Department of Labor (DOL) has reissued a 2009 opinion letter (PDF), effectively withdrawing enforcement guidance that made the tip credit under the Fair Labor Standards Act (FLSA) unavailable for tipped employees who spend more than 20% of their time performing allegedly non-tip-generating duties. » 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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