L&E Global
We are pleased to present you with the L&E Global Employment Law Tracker for December 2020, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends.
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ArgentinaAustraliaBelgiumCanadaChileChinaColombiaEuropean UnionFranceGermanyItalyLuxembourgMexicoThe NetherlandsPolandRomaniaSpainSwedenUnited KingdomUnited States

ARGENTINA • Allende & Brea

Double Compensation extension regarding Dismissal Without Justified Cause

Recent Decree extends until 25 January 2021, the duplication of severance payment in case of dismissal without justified cause, regardless of the current prohibition on dismissals. Duplication involves all the severance compensation items derived from dismissals without cause. » 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 ngrandi@allende.com or visit www.allende.com.

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AUSTRALIA • Harmers Workplace Lawyers

Restrictions under the Public Health Order lifted in New South Wales

As of 14 December 2020, New South Wales employers are no longer obliged to allow employees to work from home where they can practicably do so, as restrictions under the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 5) 2020 have eased. However, employers still have a duty to ensure, as far as reasonably practicable, the health and safety of employees and others is protected. Further, employers are still strongly encouraged to have COVID-19 safe plans to protect the community and prevent the spread of COVID-19, and in preparation for more employees physically returning to the workplace. Victoria continues to require employees to work from home, unless employees cannot perform their role from home or another location; while Queensland and South Australia do not currently have any such directions in place. » 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.

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BELGIUM • Van Olmen & Wynant

Birth Leave Extended to 15 days in 2021 and 20 days in 2023

The new Belgian government prioritises the promotion of gender equality and the fight against discrimination based on gender. One of the first steps in this agenda is the extension of birth leave, which is the leave that fathers or co-parents can take at the birth of a child. » 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.

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CANADA • Filion Wakely Thorup Angeletti

CEWS Revisited: What Employers Need to Know

On 19 November 2020, Bill C-9, an Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy) received Royal Assent. Bill C-9 revises the eligibility criteria and the level of subsidisation that employers can access under the Canada Emergency Wage Subsidy (CEWS), and extends the overall program to 30 June 2021. » 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.

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CHILE • Cariola Díez Pérez-Cotapos

Supreme Court accepts request for exequatur issued by French Labour Court

The highest Chilean court accepted a request for exequatur (authorisation of compliance) to enforce in Chile, a sentence issued by a labour court in France. » 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.

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CHINA • Zhong Lun Law Firm

Shanghai - Employment Termination based on Negative Customer Comments on Internet is illegal

The employer received several negative comments left by customers on an Internet platform. The employer then unilaterally terminated the employee for negligence of duty. The employee subsequently contested the dismissal, with the labour arbitration commission ruling that the termination was wrongful. » Read More

Shenzhen - Special Working Hours Systems can be implemented without Administrative Approval

Shenzhen released the new regulation that allows employers to implement a special working hours system through notification to and commitment by employees, after consultation. Employers will not be required to undergo administrative procedures for approval on special working hours systems. » 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.

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COLOMBIA • López & Asociados

The Sanitary Emergency has been Extended until 28 February 2021

Based on the necessity of being able to implement different public policies to keep tackling the COVID-19 outbreak, the national government extended the Sanitary Emergency that was supposed to end on 30 November, until 28 February 2021. » Read More

Government Agencies struggle to comply with Court Order to Reinstate Mandate on COVID-19 Testing for International Travellers

The government issued a mandate eliminating COVID-19 testing for international travellers, which subsequently triggered a constitutional action. Beginning 4 November 2020, Colombia has allowed international travellers to enter the country without a negative COVID-19 test result. On 3 December, a judge ordered the government to reinstate the COVID-19 testing and quarantine procedures (14 days after arrival). However, the government is struggling to comply with the judicial order. » Read More

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

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EUROPEAN UNION • Van Olmen & Wynant

CJEU emphasises “sufficient connection to the territory of host Member State” as criterion to Qualify as Posted Worker in International Transport services

The ruling on 1 December 2020 by the Grand Chamber of the Court of Justice of the European Union, affirms that a worker who provides very limited services in the territory of the Member State, to which that worker is sent, cannot be regarded as ‘posted’ because there is no sufficient connection to this Member State. » 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.

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FRANCE • Flichy Grangé Avocats

Legislation in response to the Pandemic: Staff Representation and Remote Work Framework

The second wave of the Covid19 pandemic has instigated legislation and regulatory action to help set-up a framework for businesses adapting to the crisis. The derogatory provisions authorising the use of remote meetings for staff representatives have been reinstated. In addition, the social partners have finalised a draft national cross-industry agreement on remote work that outlines employers’ duties and the rights of remote workers. » Read More

Supreme Court tempers its Ban on the Production of Illicit Evidence in Court

A recent decision of the Court of Cassation of 25 November 2020, creates a surprising precedent on the topic of the validity of evidence. Evidence deemed to be unlawful under the law on information technology and civil liberties and which infringes on an employee’s personal life, may be admitted in court, provided that its production is indispensable (not merely necessary to exercise the right to evidence) and that the infringement of the employee's rights is strictly proportionate to the aim pursued. » 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.

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GERMANY • Pusch Wahlig Workplace Law

Precautionary granting of Holidays in cases of Extraordinary Termination

Even in case of an extraordinary termination with immediate effect, the employer can still grant outstanding holidays to the employee as a precautionary measure. If the dismissal turns out to be invalid, the employee cannot claim payment of further remuneration for the time during which the holidays were granted. » Read More

Asking Applicants in a Job Advertisement to State their Religion when Applying can give rise to Discrimination Claims

Since the introduction of the German General Equal Treatment Act in 2006, there have been a large number of cases in which applicants and employees have successfully claimed compensation for discrimination. As the recent ruling of the local labour court of Karlsruhe shows, some employers still make avoidable mistakes when publishing job advertisements, which can trigger compensation claims from rejected applicants. » 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.

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ITALY • LabLaw

New Case Law regarding Supply of Work Contracts

The Supreme Court of Cassation has declared that the supply of work agency is not liable for the sufficiency of the condition given by the supply of work utiliser, within the framework of the fixed term supply of work contract signed with the employee. » Read More

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

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LUXEMBOURG • KLEYR | GRASSO

Increase to Minimum Wage as from 1 January 2021

Draft bill No 7719 will increase the minimum wage by 2.8% from 1 January 2021, which means an increase to EUR 2,201.93 for unqualified workers and to EUR 2,642.32 for qualified workers (before taxes). » 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.

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MEXICO • De La Vega & Martinez Rojas S.C.

Senate approves Reforms on Teleworking Matters

The Senate has approved the decision sent by the House of Representatives that reforms Article 311 and adds Chapter XII BIS to the Federal Labour Law on Teleworking Matters. » 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.mx.

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THE NETHERLANDS • Palthe Oberman

Intention of the Parties is no longer relevant for the Qualification of an Employment Contract

The Supreme Court ruling of 6 November 2020, held that the parties’ intention is no longer relevant for the qualification of an employment contract. » Read More

Update on New Legislation for Self-employed and Suspension enforcement of Tax Authorities

The Government has been working for years on new legislation for self-employed persons; how to define an independent contractor and an employee. In principle, the current law – the Assessment of Employment Relationships (Deregulation) Act – still applies. However, because this law turned out to be practically unworkable and new definitions of workers are still not implemented, the enforcement by tax authorities has always been suspended. » 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.

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POLAND • Sobczyk & Partners Law Firm

New Amendments to the Labour Law

Recent legal acts that came into force due to the state of the COVID-19 pandemic, amend certain provisions of the Polish labour law. » 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.

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ROMANIA • Magda Volonciu & Asociatii

Romania will remain under State of Alert for at least 30 more days starting 14 December

The state of alert was extended by the Government for an additional 30 days starting 14 December. Restriction of movement between 11 p.m. and 5 a.m. is still in place nationwide and stricter rules are in force in a number of cities that are under quarantine. » 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.

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SPAIN • Suárez de Vivero

Is it lawful to condition Payment of Variable Remuneration on the Worker Remaining with the Company on 31 December?

A clause on variable remuneration, which is based on the objectives achieved on 31 December each year and that requires the worker to remain in the company on that date, is declared valid. This way, if the worker leaves the company voluntarily, the fact of denying the variable payment is not solely a decision of the company and neither does it produce unjust enrichment for the company. Furthermore, the worker's right to receive the agreed remuneration is not infringed. » 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.

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SWEDEN • Cederquist

Poor Performance and Cooperation Difficulties related to Employee’s Disability constituted Objective Grounds for Notice of Termination

Court ruling that the performance carried out by an employee diagnosed with autism, was significantly lower than what may be required of the employee, and due to serious cooperation difficulties, and the fact that the employer could not solve the problems through reasonable measures, objective grounds for notice of termination did exist and therefore, the termination was not in violation of the Employment Protection Act. » 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 visit www.cederquist.se.

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UNITED KINGDOM • Clyde & Co

Age Discrimination: Pay Progression

The Court of Appeal has ruled that reducing staff costs to balance the employer's books could constitute a legitimate aim capable of justifying indirect age discrimination. » Read More

Health and safety: Protection of workers

The High Court has ruled that the UK government failed to implement EU law properly, by restricting health and safety protections to employees. » Read More

COVID-19: What do the new tiered restrictions mean for office workers in England?

National UK restrictions to curb the spread of COVID-19 ended on 2 December 2020 and were replaced in England by regulations setting out a new regional, three tier approach applying from 2 December 2020. Government guidance has also been published advising everyone who can work from home should do so. » Read More

COVID-19: Extended Coronavirus Job Retention Scheme (CJRS)

The CJRS has been extended from 1 November until 31 March 2021, and will be available to all qualifying employers in the UK during this period, regardless of whether or not their business has been closed under national or local lockdown measures. » Read More

Brexit – Immigration changes

From 1 January 2021, if employers want to hire anyone from outside the UK, including from the EU, they must be a Home Office licenced Sponsor. » Read More

Data Protection – Subject Access Requests (SARs)

Following a consultation, the Information Commissioner's Office (ICO) has published guidance on responding to SARs. » 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.

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UNITED STATES • Jackson Lewis

Change in President Likely to Bring Changes in Labour Law, Workplace Risks

A new president in the White House is likely to affect workplace risks for employers and their insurance providers. EPLI carriers and brokers have worked to develop risk management strategies to address workplace law claims, and potential changes they need to keep an eye out for include ones at the National Labour Relations Board (NLRB) and the Department of Labour (DOL). » Read More

EEOC’s Proposed Revision of its Guidance Manual on Religious Discrimination

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public input on its updated Compliance Manual on Religious Discrimination. » Read More

Impact of COVID-19 Pandemic on Employment Litigation in 2020

Most of 2020 has been tumultuous for employers and their management liability insurers and brokers. Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related employment complaints filed approaches 1,000. » 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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