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 February 2019.


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Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: Employees cannot be required to work “split-shifts” under Airline Award: Federal Court of Australia The Federal Court of Australia has ruled that an employer cannot require an employee to work a “split-shift” under the Airline Operations – Ground Staff Award 2010. In doing so, the Federal Court has also held that rostering an employee on for more than one period of paid work within a 24-hour period impermissibly constituted a split-shift under the Award » 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

Impending Changes of Legislation: Belgium: Disagreements arise over the national wage bargaining system Belgium was hit by a national strike on February 13, 2019. The collective actions were caused by the discontent of the trade unions with the national wage bargaining system, which they argue to limit their freedom to negotiate higher wage increases » 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

Latest Case Law: Canada: Rules for Statutory Severance Pay are Clarified by the Ontario Labour Relations Board In Hawkes v Max Aicher (North America) Limited, 2018 CanLII 125999, the Ontario Labour Relations Board recently clarified that only an employer’s Ontario payroll is considered when calculating severance pay under the Ontario Employment Standards Act, 2000. Employers with international operations may be exempt from the requirement to provide statutory severance pay if their Ontario payrolls are less than $2.5 million » Read More

Impending Changes of Legislation: Canada: New “Employer Health Tax” Now in Effect in British Columbia Pursuant to the new Employer Health Tax Act, certain employers in British Columbia are now required to pay to the government for each calendar year a tax equal to 1.95% of the BC remuneration paid by the employer during the calendar year » Read More

Other Observations: Canada: Heller v Uber Technologies Inc: Reconsidering Mandatory Arbitration in Employment and Services Agreements In Heller v Uber Technologies Inc, 2019 ONCA 1, the Ontario Court of Appeal found that a mandatory arbitration clause—requiring Uber drivers to arbitrate disputes in the Netherlands—was invalid and unenforceable. This decision provides lessons to employers from other jurisdictions that operate in Ontario » Read More

Upcoming International Events: Filion Wakely Thorup Angeletti Webinar: “Best Practices for Managing Proceedings Commenced by Self-Represented Litigants” - February 28, 2019 at 8:00 AM EST Filion Wakely Thorup Angeletti will host Flying Solo: Best Practices for Managing Proceedings Commenced by Self-Represented Litigants, a free webinar. During this webinar, attendees will learn how to manage litigation or potential litigation with self-represented individuals, including best practices for ethical advocacy; strategies the courts and administrative tribunals use to manage litigation involving self-represented litigants; and what concerns self-represented litigants have and how those concerns can affect the litigation process » View Event

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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

Latest Case Law: China: The employer is held not liable against the employee due to employee’s own duties of HR management The employer fails to enter into written employment agreement with the employee. The Court of First Instance and the Appellate Court both upheld that the employer shall not be liable to the said employment irregularity nor pay any compensation because the employee is responsible for company’s HR management » Read More

Other Observations: China: Shandong government released measures on stabilization of employment and regulation of employers’ layoffs Shandong government released guidance which allows employers to be refunded with contribution for unemployment insurance if no major layoff is taken and emphasizes the role of employee representative congress in company’s layoff process » 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

Latest Case Law: France: When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination In the absence of any vitiated consent, the existence of acts of moral harassment does not in itself affect the validity of the termination agreement. An employee who establishes that the conventional breach of his employment contract occurred in a context of moral harassment, cannot therefore request its cancellation if he does not invoke a lack of consent » Read More

Other Observations: France: Measuring equal pay for women and men – The administration sets the timetable and publishes a calculator for companies with more than 250 employees As part of the new obligations to eliminate wage gaps between women and men, companies must release their results from March 1, 2019, according to a schedule defined according to the company’s headcount. The administration has clarified these calendars and has distributed a spreadsheet to facilitate the work of companies » 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

Latest Case Law: Germany: If the employment relationship ends due to the employee’s death, his heirs may claim financial compensation for untaken holidays towards the employer German law provides that an employee is entitled to payment of compensation for holidays that can no longer be granted either in full or in part due to the termination of the employment relationship. The German Federal Labour Court now ruled that this also applies in cases where the reason for the termination of the employment relationship is the employee’s death. In such case, the compensation claim is transferred to the employee’s heirs, who may assert it against the employer » Read More
Germany: German Federal Labour Court changes its case law: the limitation of an employment agreement not based on objective grounds is generally invalid if the employee has ever been employed by the same employer before The German Federal Labour Court has ruled that limiting the term of an employment agreement, without objective grounds justifying such limitation, is invalid in case of an employee who already worked for the same employer eight years earlier, for a duration of one and a half years. Due to the invalidity of the fixed term, the employment agreement is deemed to have been concluded for an unlimited period » 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

Latest Case Law: India: Amendment of the Industrial Disputes (Central) Rules, 1957, Payment of Bonus Rules, 1975 and Minimum Wages (Central) Rules, 1960 In order to bring in consistency in the time period of filing returns, the Ministry of Labour and Employment has amended certain labour legislations, providing a uniform time period for employers to file statutory returns, making it easier for the employers to ensure compliance with law » 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

Impending Changes of Legislation: Italy: “Citizenship income” and the so-called “Quota 100” retirement scheme entered into force On January 29, 2019, after the Government approval, the Law Decree introducing “citizenship income” and the so-called “Quota 100” retirement scheme entered into force, with the publishing in the Official Journal » Read More

Upcoming International Events: LABLAW Event: The Lawyer magazine has shortlisted the LABLAW team for two awards at their European Lawyer Awards It is with great pride that we announce that The Lawyer magazine has shortlisted the LABLAW team for two awards at their European Lawyer Awards: LAW FIRM OF THE YEAR – ITALY 2019 and EUROPEAN SPECIALIST LAW FIRM OF THE YEAR 2019 » View Event

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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.

Latest Case Law: Mexico: Supreme Court of Justice rules that HIV/AIDS testing for health employees as a requirement for recruiting is discriminatory HIV/AIDS tests practiced by health institutions to medical doctors, must fulfill the following: 1) they should never be practiced before recruitment; 2) they should not give grounds to dismiss the employee; 3) they can only be practiced in specialties, medical areas or activities in which, in effect, there is a reasonable and objective risk of infection to staff or patients, according to the nature of the respective medical work, and in general, not individualised; 4) the results of the HIV/AIDS tests should not be published and may only be disclosed to people or workers who, strictly speaking, are responsible of implementing the necessary measures for the protection of the health of medical staff and patients » 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

Latest Case Law: The Netherlands: Standards for Compensation Act maximisation and granting of both transition payment and fair compensation In calculating the level of fair compensation, the court must however take account of the fact that the fair compensation is funded out of public funds » 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

Latest Case Law: Poland: Supreme Court ruled that a breathalyser test carried out by an employer is not enough to take measures against an intoxicated employee On the basis of art. 17 of the Polish Act on Upbringing in Sobriety and Counteracting Alcoholism, if there is a suspicion that an employee came to work in a state of intoxication, the employer or the employee himself/herself may request a sobriety test to be carried out by an authorised body (e.g. the police). In opposition to this practice, the Polish Supreme Court’s sentence might be considered as revolutionary in this matter, as it remains in conflict with the current employers’ practices in this field » 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

Latest Case Law: Romania: 20.000 working permits for foreign workers in 2019 According to Government Decision no. 34/2019 the maximum number of working permits that are authorised to be issued in 2019 for workers outside the EU and EEC is 20.000. The maximum contingent is the largest to date, and higher than the one announced by the Labour Ministry when they made public the project for the Government Decision » Read More

Impending Changes of Legislation: Romania: Higher minimum wage for employees in the Construction sector According to a new Government Ordinance, for 2019, employees working in the Construction sector will have a higher minimum wage guaranteed in payment than all other employees » 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

Impending Changes of Legislation: Saudi Arabia: KSA introduces new changes to the immigration sector As part of the Saudi vision 2030, the KSA has introduced various changes on the immigration level » 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

Latest Case Law: Spain: The Supreme Court confirms that an accident that happened during the “sandwich break” is a labour accident Even though it did not happen in the workplace, the Supreme Court considers, as a labour accident, the fall of an employee when she went outside of the workplace to have a coffee during her “sandwich break” » 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

Latest Case Law: Sweden: Following a transfer of undertakings, regular periods of intermittent employment in connection with the transfer shall be included when calculating an employee’s aggregate time of employment The Labour Court has established that, when calculating time of employment for employees in a redundancy situation following a transfer of undertakings, an employee’s previous periods of intermittent employments shall be included when determining the aggregate time of employment, if such intermittent employment regularly occurred in connection with the transfer of undertakings » 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

Impending Changes of Legislation: UAE: New draft law for medical profession The Federal National (FNC) Council approves draft law regulating practice of medical profession » 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.

Latest Case Law: USA: Labor Board Returns to Pre-2014 Test for Determining if Individual Is an Independent Contractor The National Labor Relations Board (NLRB) has held that in deciding whether an individual is an independent contractor or an employee, it will return to focusing on the extent to which the arrangement between the ostensible employer and the alleged employee provided an “entrepreneurial opportunity” to the individual, overruling a 2014 Board decision. SuperShuttle DFW, Inc., 367 NLRB No. 75 (January 25, 2019) » Read More

Impending Changes of Legislation: USA: California Consumer Privacy Act: FAQs for Employers Data privacy and security regulation is growing rapidly around the world, including in the United States. In addition to strengthening the requirements to secure personal data, individuals are being given an increasing array of rights concerning the collection, use, disclosure, sale, and processing of their personal information. Meanwhile, organisations’ growing appetite for more data, and more types of data, persists, despite mounting security risks and concerns about permissible use. The recently enacted California Consumer Privacy Act (CCPA) is intended to address some of these risks and concerns » Read More

Other Observations: USA: 2019: The Year Ahead for Employers Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year » Read More

Upcoming International Events: USA: Jackson Lewis Corporate Counsel Conference 2019, March 13-15 in Miami Organisations, no matter the size or geographic location, all face a rapidly evolving workplace attributed to advances in technology, a diversifying workforce and the global economy. Join us at CCC 2019 for interactive panels, in-depth workshops, and restorative sessions addressing all of the crucial elements for professional success » View Event

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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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