Employment Law Tracker

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


Argentina | Allende & Brea

Latest Case Law: Argentina: Is the employer entitled to change the place of work? The Labour Court ruled that the change of the employee´s place of work breached labour laws, because the employer altered the essential terms of the employment contract to the detriment of the employee. The Court ordered the employer to reinstate the former working conditions and pay damages as compensation, since the employee was a union delegate » Read More

Impending Changes of Legislation: Argentina: Employees to collect twice the severance compensation provided in case of wrongful dismissal The National Government has declared a public labour emergency for 180 days as from 13 December 2019, so till 10 June 2020, entitling employees to duplicate severance for each and every item allowable in cases of wrongful dismissal » Read More

» Read all articles


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.

Back to Top ▲

Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: Common Law Course of Conduct Principle Affirmed by the Federal Court of Australia The Federal Court of Australia has applied the common law course of conduct principle (where contraventions committed by the same person arose from a single course of conduct can result in a single penalty) to multiple contraventions by the Construction, Forestry, Maritime, Mining and Energy Union, in both organising and being involved in industrial action in two separate locations (different Australian States), on the basis that it was one concerted industrial campaign against a shipping terminal operator’s proposed redundancies, and therefore should not involve “double punishment” » Read More

» Read all articles


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.

Back to Top ▲

Belgium | Van Olmen & Wynant

Latest Case Law: Belgium – Labour Court of Appeal sheds light on the distinction between teleworking and homeworking Although the concepts of homeworking (also called domestic work) and telework are often confused with one another, as they both entail the situation that the worker does not work from the office of the employer, there are important differences. In a judgment of 2 July 2019, the Brussels Labour Court of Appeal has denied the claim of an employee seeking the benefits of a domestic worker, as she was actually a teleworker » Read More

» Read all articles


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.

Back to Top ▲

Canada | Filion Wakely Thorup Angeletti

Latest Case Law: Canada: The Foibles of Fixed-Term Contracts While Fixed-term employment contracts may, at first blush, seem like an attractive option, the risks often outweigh the benefits. Therefore, employers should carefully consider the pitfalls of fixed-term employment contracts when deciding how best to structure their workforces » Read More

Filion Wakely Thorup Angeletti Webinar: “Workplace Investigations: Focusing on Fundamentals” Date: Wednesday, January 15, 2020 8:00 am - HR and LR professionals are being called upon to navigate issues and processes relating to workplace investigations with increasing frequency. Knowing how to conduct an appropriate investigation and avoid common procedural pitfalls is therefore essential for anyone working in these areas. Presenters: Sarah Crossley, Anthony Panacci and Emily La Mantia » Read More

» Read all articles


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.

Back to Top ▲

China | Zhong Lun Law Firm

Latest Case Law: China: Hangzhou Court held that the employer infringed upon the employee’s equal employment rights and is ordered to issue an apology and pay compensation due to regional discrimination An equal employment rights case, Yan v. Zhejiang A Company, was heard in the Hangzhou Internet Court online. The Court held that Company A’s regional discrimination on Yan harmed his equal employment rights. The Court also ordered Company A to apologise to Yan orally, publish an apology letter with the national media and compensate Yan RMB 10,000 for his spiritual damages and reasonable legal costs » Read More

Impending Changes of Legislation: China: MHRSS publishes Interim Measures requiring all Hong Kong, Macau and Taiwan residents working in China to contribute to social insurance beginning in 2020 The Interim Measures published by the MHRSS have drawn the attention of Hong Kong, Macau and Taiwan employees and employers. It should be noted that all HMT residents working in China will be required to contribute to all categories of social insurance » Read More

Other Observations: China: Ministry of Public Security and the Shanghai Government enter into Memorandum of Cooperation to Pioneer Immigration Management Measures The Ministry of Public Security and the Shanghai Government aim to enhance the long-term and permanent residence facilities for foreign talents who are introduced into the new port-adjacent area of Shanghai Free Trade Zone. Specifically, foreigners with high-level talents will enjoy certain conveniences and can apply for permanent residence and may also recommend other foreign professionals for permanent residence » Read More

» Read all articles


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.

Back to Top ▲

Colombia | López & Asociados

Impending Changes of Legislation: Colombia: New Migratory Policy regulation will impact labour laws and workplace related affairs One of the key changes to Colombia’s migration policy under Resolution 3167 of 2019, stipulates that foreigners will no longer be required to have a Visa in order to enter the country, if they are granted any one of the permits or documents provided for in the resolution » Read More

» Read all articles


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.

Back to Top ▲

European Union | Van Olmen & Wynant

Impending Changes of Legislation: European Union: Whistle Blowing Directive – 2 years to get ready for the new reporting rules The new EU Directive on Whistle Blowing gives the Member States two years, until 17 December 2021, to transpose its provisions into national law. The main goal of the Directive is to introduce a harmonised procedure to deal with whistle blowing and to offer whistle blowers a certain level of protection against retaliation » Read More

» Read all articles


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.

Back to Top ▲

France | Flichy Grangé Avocats

Latest Case Law: France: Implementation of the night shift – pay attention to compensations offered to employees The implementation of night work in an enterprise requires the conclusion of a collective agreement including certain mandatory provisions, such as the mention of measures to facilitate the articulation of their nocturnal professional activity with their personal life. This is essentially to provide the employee a way to return home at the end of his night service. However, a court banned a supermarket company from employing workers after 9 PM in a tourist area (in Paris), because it found the agreement’s provisions on night work, which covered the cheapest mode of transport home and this, only if there was no available public transportation, to be insufficient. The court considered that the Labour Code provides "the provision of a means of transport supported by the employer that allows employees to return to their place of residence." » Read More

Impending Changes of Legislation: France: The exceptional purchasing power bonus will be renewed in 2020 The exceptional purchasing power bonus will be renewed in 2020 with some adjustments. The bonus will be exempt from income tax, charges and contributions up to a limit of € 1,000 per beneficiary. The exemption will apply on the bonus paid to employees who have received less than 3 times the annual minimum wage in the previous 12 months. It will have to be paid between the date of entry into force of the law and 30 June 2020. The main novelty: a profit-sharing agreement must have been put in place on the date of payment » Read More

» Read all articles


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.

Back to Top ▲

Germany | Pusch Wahlig Workplace Law

Latest Case Law: Germany: Releasing an employee from work with continued payment of remuneration only compensates existing claims for compensation of working time credited to a working time account, if this purpose of the release is made sufficiently clear by the employer at the time of the release When releasing an employee from his/her obligation to work with continued remuneration (“garden leave”), which is common in particular in termination cases, employers need to make it sufficiently clear at the time of the release that the release is also intended to compensate a positive balance on the employee’s working time account. A clause only referring to an irrevocable release from the obligation to work without further specifications is insufficient, and does not cover compensation for working time accrued in a working time account » Read More

Impending Changes of Legislation: Germany: Happy New Year 2020 – What changes are to be expected in German employment law? The new year 2020 is just around the corner and will bring about some changes with regard to German labour and employment law. Some of those changes are already certain due to a change in statutory law, while others can only be predicted at this time » Read More

» Read all articles


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.

Back to Top ▲

Italy | LABLAW Studio Legale

Impending Changes of Legislation: Italy: New law on Gig Workers entered into force on 3 November 2019 New law provides protections for people delivering goods on behalf of a third-party, using bicycles and/or motorcycles within the territorial limit of the city, by means of digital platforms (so called riders) » Read More

» Read all articles



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.

Back to Top ▲

The Netherlands | Palthe Oberman

Latest Case Law: The Netherlands: Unacceptable behavior (#MeToo) is not a legitimate ground for summary dismissal due to the working atmosphere The common trend in court rulings is that certain behaviour is not acceptable. This especially applies to certain unwanted touches, such as the ‘hand on the buttock’. An employee must be blamed for such behaviour. In principle, it does not matter if the other employee gave any cause for the approach. This applies all the more so when considering the age difference between the two employees concerned. For certain behavior, the judgment reads, a warning is not necessary because you ‘just do not do that’. However, this behaviour does not directly result in a legitimate summary dismissal. All circumstances of the case need to be taken into account. An employer that accepts certain behaviour from its employees and furthermore promotes a ‘self-styled’ atmosphere designed to be informal, cannot suddenly reverse course and decide to punish morally reprehensible behaviour. Therefore, in creating an atmosphere where the lines of acceptable and unacceptable behaviour are blurred, the employer’s culpability for the misconduct of its employees is shared equally between employer and employee. While there was no doubt as to the employee’s culpability for his actions, the circumstances of the case were nevertheless insufficient to support a legitimate case for a summary dismissal » Read More

» Read all articles


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.

Back to Top ▲

Norway | Storeng, Beck & Due Lund: SBDL

Latest Case Law: Norway: Supreme Court rules on the validity of the downsising group used to terminate a senior employee The Norwegian Supreme Court has ruled that the termination of a senior employee was invalid because the selection group for downsising was set too narrowly. Employers bound by similar seniority clauses/principle of seniority in collective agreements must now be careful not to set aside seniority considerations by limiting selection circles » Read More

» Read all articles


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: SBDL (www.sbdl.no) at kari.andersen@sbdl.no.

Back to Top ▲

Poland | A. Sobczyk & Wspolpracownicy

Impending Changes of Legislation: Poland: Amount of the write-off for the Employee Social Benefit Fund increases Previously, the basis for calculating the amount of the write-off of the Employee Social Benefit Fund for the entirety of 2019 was supposed to be the average monthly salary in the national economy in the second half of 2013. A recent law, which has partially unfrozen the write-off amount for 2019, also included a draft bill to adjust the time period and average monthly salary figures to be used in calculating the amount of the write-off to the fund, although the exact figures of the basis to calculate the 2019 amounts have not yet been announced » Read More

» Read all articles


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.

Back to Top ▲

Saudi Arabia | Clyde & Co

Impending Changes of Legislation: Saudi Arabia: New Ministerial Resolution removes the Yellow nitaqat band The government recently issued a resolution wherein the yellow rated band within the Nitaqat programme will cease to exist from 26 January 2020. Any companies currently in Yellow will be automatically moved to the Red band and will be considered non-compliant until ratings are improved » Read More

» Read all articles


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.

Back to Top ▲

Spain | Suárez de Vivero

Latest Case Law: Spain: Salary complements must be paid even during the holiday period The Supreme Court determined that salary complements should be included, together with the base salary, as computable concepts in order to calculate the payroll during the holiday period » Read More

» Read all articles




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.

Back to Top ▲

Sweden | Cederquist

Latest Case Law: Sweden: Court rules that copyrighted work vests with the employer A recent ruling held that the copyrighted work of an illustrator had vested with the employer, regardless of the lack of explicit provisions on the assignment of intellectual property rights, as the illustrator had been contracted and employed specifically to design and illustrate copyrighted work » Read More

» Read all articles


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.

Back to Top ▲

United Arab Emirates | Clyde & Co

Impending Changes of Legislation: UAE: Summary of recent legislative amendments Recently, there have been several legislative developments related to labour and employment law matters, chief among them: 1) a new law comprised of numerous amendments to the Federal laws regulating labour relations, which entered into force on 29 September 2019; and 2) a resolution that expands the definition of discrimination to include doctrine and gender as means of combating discrimination and hatred » Read More

» Read all articles


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.

Back to Top ▲

United Kingdom | Clyde & Co

Latest Case Law: UK: Data protection – Employee data breach The Supreme Court heard the appeal in Various claimants v Wm Morrisons Supermarket in November 2019, as to whether the supermarket is vicariously liable for a data breach by their employee. The judgment will be delivered in 2020 » Read More
UK: Sexual Harassment – New EHRC guidance The Equality and Human Rights Commission's (EHRC) new guidance sets out do's and don'ts on tackling sexual harassment and discrimination » Read More
UK: Legal advice privilege The Court of Appeal considered whether legal advice privilege applied to a leaked email concerning a redundancy exercise » Read More
UK: Indirect discrimination on the grounds of religion or belief The Court of Appeal dismissed a claim that an employee's belief in the sanctity of copyright was a protected philosophical belief » Read More
UK: Vicarious liability – third party harassment An employer is only liable for the harassment of an employee by a third party where the employer's action or inaction is related to the relevant protected characteristic e.g. race or sex » Read More
UK: Misconduct dismissals The EAT has confirmed that changes to an investigator’s report into alleged misconduct made on the advice of an in-house lawyer, did not make the employee’s subsequent dismissal unfair » Read More

» Read all articles


For more information on these articles or any other issues involving labour and employment matters in the United Kingdom, please contact Robert Hill, Partner at Clyde & Co (www.clydeco.com) at robert.hill@clydeco.com.

Back to Top ▲

United States | Jackson Lewis P.C.

Impending Changes of Legislation: USA: USCIS Announces Implementation of H-1B Electronic Registration for FY 2021 Cap Season The U.S. Citizenship and Immigration Services (USCIS) has announced it is implementing an electronic registration process in the next H-1B visa lottery. Employers seeking to file fiscal year 2021 H-1B cap-subject petitions must first electronically register and pay a $10 fee for each electronic registration they submit to USCIS » Read More
USA: A Renewed Attempt in Congress to Eliminate Non-Compete Agreements A bipartisan bill aimed at generally banning non-compete agreements across the country has been introduced in the Senate. The Workforce Mobility Act of 2019, which closely tracks the Democrat-led Workforce Mobility Act of 2018, is a stark contrast to the limited and more measured approaches that have predominated at the state level » Read More
USA: Class Action Trends Report Fall 2019 This quarterly report takes a look back at the most significant class action developments over the last year, including litigation trends, court decisions, and legislative and regulatory changes that are certain to invite class litigation » Read More

» Read all articles



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.

Back to Top ▲


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 2019.

L&E Global CVBA is a civil company under Belgian Law that coordinates an alliance of independent member firms. L&E Global provides no client services. Such services are solely provided by the member firms in their respective jurisdictions. In certain circumstances, L&E Global is used as a brand or business name in relation to and by some or all of the member firms.

L&E Global CVBA and its member firms are legally distinct and separate entities. They do not have, and nothing contained herein shall be construed to place these entities in, the relationship of parents, subsidiaries, agents, partners or joint ventures. No member firm, nor the firm which authored this publication, has any authority (actual, apparent, implied or otherwise) to bind L&E Global CVBA or any member firm in any manner whatsoever.

L&E Global Knowledge Center

      

collect?v=1&tid=UA-126466387-1&cid=126466387&t=event&ec=email&ea=open&el=RECEPTOR&cs=newsletter&cm=LEGLOBAL&cn=ELTGLOBAL