We are pleased to present you with the L&E Global Employment Law Tracker for February 2021, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. 
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Cross-Border Remote Work, Authorized and Unauthorized – Europe
Issues arising when employees seek to travel from their home countries to work remotely (via their laptops) from a foreign country.
• Date: Thursday 4 March 2021
• Time: 5 p.m. CET / 4 p.m. UK time / 11 a.m. ET
» Register!

The Whistleblowing Directive: A Gamechanger?
Implications for employers following passage of the EU Whistleblowing Directive.
• Date: Thursday 18 March 2021
• Time: 6 p.m. CET / 1 p.m. ET
» Register!

Diversity and Inclusion: What is or is not Allowed?
Guidance on measuring diversity without violating local employment laws and data privacy requirements.
• Date: Thursday 25 March 2021
• Time: 6 p.m. CET / 1 p.m. ET
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BROWSE BY COUNTRY
ArgentinaAustraliaBelgiumBrazilCanadaChileChinaColombiaEuropean UnionFranceGermanyIndiaItalyLuxembourgMexicoPolandSaudi ArabiaSwedenUnited States

ARGENTINA • Allende & Brea

Teleworking Law Regulations

On 20 January 2021, the Decree regulating the Teleworking Law was published. The Decree provides that the Teleworking Law shall not apply when the work is performed at the clients' establishments on a continuous or regular basis, or in cases where the work is performed from time to time and occasionally at the employee's home, either at the employee's request or due to some exceptional circumstance. » Read More

Decree Extends Double Compensation and Prohibition on Dismissals

On 23 January 2021, Decree 39/2021 was published, extending until 31 December 2021, the public emergency on occupational matters declared by an earlier decree. In this regards, the new Decree also extends until 31 December 2021 the duplication of severance payment in case of a dismissal without justified cause. Duplication involves all the severance compensation items derived from dismissal without cause, but is now capped at a maximum amount of $500,000 (U$ $5,300 approx.). Additionally, duplication will be applicable in case of constructive dismissals pursuant to the Labour Contract Law. » 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

Legal Discussion Regarding Mandatory Vaccinations in the Workplace

With the Australian government’s recent announcement regarding an anticipated COVID-19 vaccine roll-out by March 2021, urgent questions have arisen for employers regarding whether they can or should mandate COVID-19 vaccinations for employees once it is available. Two recent unfair dismissal cases are useful in providing an indication as to how the Courts and Tribunals may potentially respond to these issues of mandatory vaccination, particularly in workplaces where there is close proximity with vulnerable persons. » 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

New Collective Bargaining Agreement on Telework during COVID-19 pandemic

As the telework during the COVID-19 pandemic does not perfectly fit with the existing legal systems of occasional or structural telework, employers and employees were confronted during the last year with the absence of a clear legal framework. The new Collective Bargaining Agreement no. 149 of 26 January provides a framework for employers and their employees to make proper arrangements on several aspects of telework. » 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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BRAZIL • TozziniFreire Advogados

The National Data Protection Authority publishes its 2021-2023 Cybersecurity & Data Privacy Strategic Plan

On 2 February 2021, the Brazilian National Data Protection Authority (ANPD) published its Strategic Plan for its three upcoming years of activity (from 2021 to 2023). The Plan sets forth the ANPD’s mission, vision, and values. Its mission is set as to ensure the protection of personal data, with the broader vision of becoming an example to be pursued, at national and international levels, in the Personal Data Protection scenario. To do so, its core values are ethics, transparency, integrity, fairness, effectiveness, and accountability. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Mihoko Sirley Kimura or Gabriela Lima Arantes (Partners of TozziniFreire Advogados) at the emails mkimura@tozzinifreire.com.br or glima@tozzinifreire.com.br, or visit the website www.tozzinifreire.com.br.

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CANADA • Filion Wakely Thorup Angeletti

Federal Labour Program Provides Guidance on New Workplace Harassment and Violence Laws

On 1 January 2021, enhanced obligations came into effect to assist in the prevention of harassment and violence in federally regulated workplaces. » Read More

Arbitrator Upholds Employer’s Mandatory COVID-19 Testing Policy

In a recent decision, an Ontario Arbitrator upheld an employer’s mandatory COVID-19 testing policy. The union filed a group grievance on behalf of its members working in a retirement home. The grievance challenged the reasonableness of the employer’s unilateral decision to adopt an Ontario government recommendation for long-term care homes, by converting the recommendation into a mandatory COVID-19 testing policy. » 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

Amendments to the Chilean Immigration Law

The enactment of a new immigration law in Chile is still pending. The law will, among other things, implement changes in the current system of granting visas that allow foreigners to work in Chile as well as in the subcategories of visas. » 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

Employee to Pay Liquidated Damages for Breach of Confidentiality Obligation

The PRC Employment Contract Law prescribes that the employer and employee cannot agree on liquidated damages borne by the employee, except for the employee’s violation of service or noncompetition obligation. However, the People’s High Court of Guangdong Province recently held that the employee was liable to pay liquidated damages for the breach of his confidentiality obligation. » Read More

Employees Are Encouraged to Stay Put to Celebrate the Chinese New Year Holidays

Eleven national departments, including the National Development and Reform Commission and the Ministry of Transport, released Opinions that encourage employees to avoid the travel rush and stay put to celebrate the Chinese New Year holidays. » 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

Venezuelans in Colombia will have 10 years to process a Resident Visa

Colombia will begin applying a Temporary Protection Statute for Migrants, which aims to regularise about a million Venezuelans who have arrived due to their country's humanitarian crisis. » Read More

Local Quarantines end in Bogotá as Hospital’s ICU occupancy decreases

Decree 039 of 2 February 2021 ordains the end of the "red alert" for Intensive Care Unit occupancy in hospitals in Bogotá, as occupation rates for ICU drop 5% and hospitalisation decreases 20%. Consequently, early termination of local quarantines is ordered, and the reopening of school and shops is permitted. » Read More

Colombian Government Suspends Entry of Passengers from Brazil

In recent months, three different variants of SARS-CoV-2 have been reported to the World Health Organisation in other countries, including Brazil. Therefore, to avoid transmission, entry of passengers from Brazil is suspended as of 29 January 2021. » Read More

Electronic Payroll as support document for Tax Declarations

On 17 December 2020, the National Directorate of Taxes and Customs (DIAN) published on its website, a Resolution Project for which the functionality of the electronic payroll as a support document is implemented. The project awaits comments from the National Government. » Read More

Entrepreneurship Law aims to increase Labour Productivity for Independent Workers

The Colombian Congress issued the Entrepreneurship Law, which aims to boost entrepreneurship across Colombia. The new law includes some relevant changes regarding labour law, such as reducing requirements for independent workers to join family compensation funds; decreasing the number of founding partners needed to create worker cooperatives; regulation of remote work and dispositions to increase labour productivity and business reactivation, and more » Read More

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

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EUROPEAN UNION • Van Olmen & Wynant

Difference in Treatment between Employees with Disabilities might constitute Discrimination

Unfavourable treatment of an employee with a disability in comparison to a non-disabled employee, might constitute discrimination, if this distinction cannot be justified. In a recent Polish case an employer treated certain employees with a disability, adversely, compared to other employees with a disability. The CJEU had to resolve the question of whether this can constitute discrimination, as understood by the Employment Equality Directive 2000/78. » 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

Discrimination: Making false accusations justifies disciplinary dismissal

In a ruling of 13 January 2021, the Court of Cassation applied a long-standing judicial solution in the area of moral harassment to the matter of discrimination, stating that an employee who reports acts of discrimination may be dismissed on this ground when he was aware of the false nature of the facts reported. » Read More

Equality Index: Companies with 50 employees will have to calculate and publish it by 1 March

There is less than a month left before the publication of the Professional Equality Index 2021 for all companies with 50 or more employees. These companies must also send their overall equality index score and indicators to the Labour Administration and to their works council (CSE). » 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

Suspected Discrimination due to Pay Gap between Male and Female Employees

The fact that the remuneration of a female employee is lower than the median remuneration of a comparable group of male employees, justifies the assumption that less remuneration was paid to the female employee due to her gender, and hence a discrimination occurred. » Read More

May the employer instruct his employees to get vaccinated against the coronavirus?

Under current law, employers can neither instruct compulsory coronavirus vaccinations towards their employees, nor can they legitimately ask their employees about their vaccination status. » 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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INDIA • IndusLaw

FAQ Special Report: COVID-19 Vaccination in India

As India has started rolling out its vaccination program, we have, predictably, received several queries from employers on the subject. Questions range from whether employers can arrange for vaccinations themselves to the implications involved when an employee refuses a vaccination. We have put together the attached FAQ document that captures the most popular questions for employers in India. » Read More

For more information on these articles or any other issues involving labour and employment matters in India, please contact Avik Biswas (Partner) of IndusLaw at avik.biswas@induslaw.com or visit www.induslaw.com.

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ITALY • LabLaw

Trade Union claim filed against Deliveroo Italy, alleging Anti-trade Union Behavior, is rejected by the Courts

What is happening in Italy is also happening across the globe, as the world responds to the modernisation of the employment relationship and the birth of new professions (such as the “gig economy”). In Italy, a far-reaching debate on case law has been underway in the last few years, concerning how best to qualify the type of work applicable to “riders”. » 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

New Convention on Telework Regime Enters into Force

The convention, which put telework within a legal framework for the first time, was signed on 20 October 2020 by the social partners. It entered into force on 2 February 2021 and will be applicable for 3 years. » 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.

Upcoming Webinar: Labour Challenges 2021

Hosted by De la Vega & Martínez Rojas, L&E Global’s member firm in Mexico
• Date: Tuesday 16 March 2021
• Time: 9 a.m. CDT
• Duration: 60 minutes
» Register Now!

Topics:
• The Change of Government in the USA, effects in Mexico and Canada.
• Rapid Response Mechanisms in the USMCA, Annexes 31-A and 31-B of the USMCA.
• Legitimatising Collective Bargaining Agreements, or Not?
• Reform to the Federal Labour Law on Outsourcing.
• Reform to the Federal Labour Law on Telework.
Workshops:
• Effects of the Continuation of the COVID-19 Pandemic.
• Immigration Laws and Global Mobility.
• The New Labour Justice Data Privacy, Diversity and Inclusion.

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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POLAND • Sobczyk & Partners Law Firm

Obligation to register contracts for specific work in the Social Insurance Institution from 1 January 2021

According to The Polish Central Statistical Office around 1.2 million people in Poland currently live only from civil law contracts (i.e. orders and contracts for specific work). However, this number is difficult to calculate, as to the end of 2020 contracts for specific work did not need to be registered in the Social Insurance Institution. This has changed, and from 1 January 2021 an obligation to register contracts for specific work in the Social Insurance Institution was introduced. » 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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SAUDI ARABIA • Clyde & Co

New Procedures for Non-KSA Employees to Transfer Employers

Decision of the Minister of Labour and Social Development amends Article 14 of the Implementing Regulations of the Labour Law, in line with the recent ‘National Transformation Programme’ announced in November 2020. » Read More

Residency and Work Permit Updates

New measures for renewal of residency and work permits. » Read More

For more information on these articles or any other issues involving labour and employment matters in Saudi Arabia, please contact Sara Khoja (Partner) of Clyde & Co at sara.khoja@clydeco.ae or visit www.clydeco.com.

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SWEDEN • Cederquist

Court upholds Statutory Limitation barring Employee from Challenging Termination

A notice of termination sent by registered letter to an employee's last known home address was considered to be delivered, even though it had been sent to the wrong address, since the employee had changed their address without informing the employer. » 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 STATES • Jackson Lewis

OSHA Issues New Guidance for Employers Combating COVID-19

On January 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.” The Guidance incorporates much of the existing guidance from the Centers for Disease Control and Prevention (CDC), adds to guidance OSHA previously issued, and reflects strategies and practices familiar to many employers. » Read More

CDC Expands Guidance on Informed Consent to Support Workplace SARS-CoV-2 Testing

As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a more comprehensive approach to reducing transmission of the virus in non-healthcare workplaces. SARS-CoV-2 is the virus that causes COVID-19. » Read More

Labour Board Approves Carefully Crafted Social Media Policies

The National Labour Relations Board (NLRB) has reversed the decision of an administrative law judge (ALJ) and held lawful an employer’s social media policy prohibiting disparagement of the company and others, “inappropriate communications,” disclosing confidential information, posting photos of coworkers, or using the company logo to denigrate people or causes. » 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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