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 January 2019.


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Browse by Country


Argentina | Belgium | Canada | Chile | China | France | Germany | India | Italy | Mexico | The Netherlands | Norway | Poland | Portugal | Saudi Arabia | Spain | Sweden | United Arab Emirates | United Kingdom | United States |


Argentina | Allende & Brea

Latest Case Law: Argentina: Additional severance compensation for dismissal of pregnant employees The Labor Courts of the city of Buenos Aires, in the case “V. A. R. D. c/ Faurecia Argentina SA s/ despido’’ ruled that the employer must pay additional severance compensation (equal to 13 monthly salaries) provided by labor laws to an employee that was pregnant at the time of her dismissal, even though the employee had not served formal notice of her pregnancy to her employer prior to her dismissal, as required by labor law » 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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Belgium | Van Olmen & Wynant

Impending Changes of Legislation: Belgium: Single Permit procedure for foreign workers has entered into force On December 24, 2018 the Single Permit procedure became applicable. Non-EER citizens who want to stay and work in Belgium and their employers will have to follow this new procedure. The single permit procedure replaces the old double procedure for separate stay permits and work permits » 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: Employers Should Tread Carefully When Disclosing Employee Information to Regulatory Bodies A new Ontario Court of Appeal, Hampton Securities Limited v Dean, 2018 ONCA 901 provides both guidance and caution to employers in regulated industries when disclosing facts or making complaints to a regulator against former or departing employees » Read More

Impending Changes of Legislation: Canada: The Making Ontario Open for Business Act, 2018 Repeals Significant Aspects of Bill 148 Bill 47, the Making Ontario Open for Business Act, 2018, received Royal Assent on November 21, 2018. The Bill makes several amendments to labour and employment in Ontario, many of which reverse provisions from last year’s Bill 148 (the Fair Workplaces, Better Jobs Act, 2017) » Read More

Other Observations: Canada: Ontario Legislature Tables Two New Human Rights Bills The Ontario Legislature recently tabled two bills proposing significant amendments to the Ontario Human Rights Code. If enacted, Bill 35 and Bill 40 would introduce new non-discrimination obligations for all provincially regulated employers » Read More

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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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Chile | Cariola Díez Pérez-Cotapos

Latest Case Law: Chile: Labor Department judgment on foreign employees Under Chilean Labor Code, 85% of employees in a company must be Chilean nationals. This rule is not applicable to companies employing no more than 25 employees » 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 Ricardo Tisi, Partner at Cariola Díez Pérez-Cotapos (www.cariola.cl) at rtisi@cariola.cl.

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China | Zhong Lun Law Firm

Latest Case Law: China: The Employee is ruled to Have Established Employment with the Company Before University Graduation The Court of First Instance the appellate Court both upheld that the individuals’ status as university student will not necessarily render their relationship with the company to be deemed as non-employment. It is ruled that the Company established employment with the Employee before graduation from university » Read More

Other Observations: China: The Regulations of Hebei Province on Trade Union’s Supervision on Labor Laws Have Come into Effect by December 2018 The Regulations of Hebei Province on Trade Union's Supervision on Labor Laws has come into effect by December 2018, which provides more detailed guideline for trade unions at all levels to better supervise the employer’s compliance with labor laws and regulations » 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: The Macron dismissal indemnity grid is not valid, according to certain French labour courts Some labour and industrial tribunal judges have refused to apply the indemnity grid for dismissals judged as being without just cause (« licenciement sans cause réelle et sérieuse ») that was implemented by the reform of September 2017. This grid sets out minimum and maximum indemnities that the judge can order in case an employee disputes his or her dismissal. According to some judges, this grid is in contradiction with the European Social Charter and the Termination of Employment Convention of 1982 (No. 158) of the ILO » Read More

Other Observations: France: Payment of an exceptional bonus exempt of social contributions and taxes As a response to the « yellow vests » social movement, the government passed a law on the « social and economic emergency measures » on December 24, which allows companies to pay an exceptional spending power bonus that is exempt from social contributions and taxes (including income tax), up to 1000 EUR per beneficiary » 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: The dismissal of a severely disabled person is not ineffective just because the representation of severely disabled persons was not immediately informed by the employer of the intention of termination The dismissal of a severely disabled person is not ineffective just because the employer did not inform the representative body for severely disabled persons within the company of his intention to dismiss the disabled employee already before hearing the works council regarding the intended termination and before requesting the permission of the integration office for the termination » Read More
Germany: Change in legal practice on overtime surcharges for part-time employees The Federal Labour Court ruled that employees working part-time can be entitled to overtime surcharges under a collective bargaining agreement already for working time exceeding their individual part-time working time, and not only for the working time exceeding the working time of a full-time employee in the company. With this ruling, the 10th Senate of the Federal Labour Court has abandoned its contrary view expressed in previous rulings on the subject. » 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

Impending Changes of Legislation: India: Non-Refundable Advance to a Member In Case of Continuous Unemployment: Employee’s Provident Fund Scheme (Amendment), 2018 The Ministry of Labour and Employment, via a notification dated December 6, 2018 has amended the Employees’ Provident Fund Scheme, 1952, allowing its members to withdraw money up to 75% of his credit balance from the fund if the member remains unemployed for more than 1 month » 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

Latest Case Law: Italy: New ruling on the “Gig Economy” – Foodora’s “riders” cannot be qualified as independent contractors Reforming its first instance ruling, Turin Court of Appeal has recognized that Foodora’s “riders” belong to the so-called “etero-organizational” collaboration and shall be treated like employees » 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.

Latest Case Law: Mexico: Second Chamber of the Supreme Court of Justice (SCJN) determines that it is unconstitutional that the employers are not obliged to register domestic female employees in the Mexican Institute of Social Security (IMSS) On December 5, 2018, Second Chamber of the Supreme Court of Justice (SCJN) determined that it is unconstitutional that the employers are not obliged to register domestic female employees in the Mexican Institute of Social Security (IMSS) when resolving the Amparo Proceeding D.T. 9/2018. According to the SCJN, there is no constitutionally valid reason to exclude domestic workers from the Federal Labour Law (FLL) or from the Social Security Law (SSL), which prompts an unjust discrimination against them, especially against women since the domestic work is done mainly by them (according to the National Institute for Statistics and Geography or INEGI, 9 of every 10 domestic employees are women). Traditionally, domestic work has been exposed to inadequate work conditions, such as long work journeys and low salaries, which have situated it far away from the concept of decent work, which the International Labor Organization (ILO) has defined as work that dignifies and enables the development of own capabilities » Read More

Impending Changes of Legislation: Mexico: The Ministry of Labour and Social Welfare (STPS) Publishes the Guidelines for the Operation of the Program Youngsters Building the Future The Ministry of Labor and Social Welfare (STPS) Publishes the Guidelines for the Operation of the Program Youngsters Building the Future (the Guidelines). According to the Guidelines, the Program Youngsters Building the Future has as purpose to provide training opportunities to youngsters between 18 and 29 years old who are neither working nor studying » Read More

Other Observations: Mexico: INEGI determines the new value of the Unit for Measure and Update for 2019 On January 10, 2019 the National Institute of Statistics and Geography (INEGI by its acronym in Spanish) published in the Official Gazette the new value of the Unit for Measure and Update (UMA) that will rule starting February 1, 2019, which will be $84.49 MxCy daily, $2,568.90 MxCy monthly, and $30,822.00 MxCy annually » 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

Impending Changes of Legislation: The Netherlands: Summary of important changes in employment law from January 1, 2019 Mandatory discussion of directors' salary with the works council; Introduction of extra parental leave; and 30% ruling » 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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Norway | Storeng, Beck & Due Lund (SBDL)

Latest Case Law: Norway: Changes in the legislation on permanent employment and hiring from temporary work agencies On January 1, 2019, new rules on permanent employment and hiring from temporary work agencies came into force. The new rules on permanent employment introduces a prohibition on so-called “Zero-hour”-contracts » Read More

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

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Poland | A.Sobczyk i Współpracownicy

Impending Changes of Legislation: Poland: From the beginning of 2019, the ban on trading on Sundays and holidays became even more restrictive On March 1, 2018 an act of January 10, 2018 on limitation of trading on Sundays, holidays and some other days came into force. The act forbids assigning work to the employees or other workers (e.g. working on the basis of a contract of mandate) within the field of trade or other activities related to trade on Sundays and appointed holidays. From January 1, 2019 trading on Sundays is only allowed on the last Sunday of each calendar month » 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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Portugal | Morais Leitão

Impending Changes of Legislation: Portugal: New rules establishing quotas for disabled workers in Portugal New regulation was published in Portugal in January and will apply as from February 1, 2019 establishing minimum quotas for disabled workers (disability levels equal or over 60% disability classification) that must be adopted by medium and large-sized enterprises when engaging and organising their workforce » Read More

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For more information on these articles or any other issues involving labour and employment matters in Portugal, please contact Pedro Pardal Goulã, Partner at Morais Leitão (www.mlgts.pt) at pgoulao@mlgts.pt.

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Saudi Arabia | Clyde & Co

Impending Changes of Legislation: Saudi Arabia: KSA adopts the labour law executive regulations and appendixes Minister of Labour has issued decision number 70273 dated 11/4/1440H adopting the labour law executive regulations and appendixes » 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: Access to workers’ mail can imply fundamental rights violation The Supreme Court has declared that access to employees’ mail without their consent and without having been previously advised implies fundamental rights violation » 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: While there were objective grounds for dismissal, an employee was entitled to damages due to the employer suspending the employee during the notice period Court ruling that an employer had objective grounds to dismiss an employee due to the employee's failure to follow instructions and policies. However, the employer's decision to suspend the employee from work during the notice period was not deemed necessary and the employee was awarded damages » Read More

Impending Changes of Legislation: Sweden: New rules have entered into effect regarding an employee’s entitlement to sick pay paid by the employer Following legislative changes to the Sick Pay Act (Sw. lag (1991:1047) om sjuklön), employees are entitled to sick pay, subject to a deduction, as of day one of the sickness period. The so-called qualifying or waiting day has been abolished » 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 licence to allow visiting doctors to work in Dubai Dubai Healthcare City Authority has announced the introduction of a new licence » Read More
UAE: New long-term visa system The UAE Cabinet approved long-term visa system for investors, entrepreneurs, specialized talents and researchers in the fields of science, knowledge and outstanding students » 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 Kingdom | Clyde & Co

Latest Case Law: UK: Discrimination arising from disability: advantageous treatment is not unfavourable, even though it could have been more advantageous The Supreme Court found that an enhanced pension that was based on the employee's part-time working, that had been agreed as reasonable adjustments, did not amount to unfavourable treatment » Read More
UK: Termination: employee’s dismissal while entitled to long-term disability benefits was in breach of an implied term The EAT ruled that a term must be implied into the employment contract, that the employer could not terminate employment on the grounds of incapacity to work while the employee was entitled to disability benefits » Read More
UK: Employment status: Uber drivers are workers The Court of Appeal concluded, by a 2:1 majority, that although the contractual documentation indicated the Uber drivers were self-employed, they were workers and therefore entitled to national minimum wage (NMW), paid holiday and whistleblower protection. » Read More

Impending Changes of Legislation: UK: CEO Pay Ratio Reporting For financial years starting in 2019, all UK listed companies with more than 250 UK employees will have to publish and explain every year the differences in pay between their chief executive and staff » Read More
UK: The “Good Work Plan” The government has announced that it will make a range of policy changes and introduce new laws to provide new protections for employees and workers » Read More

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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.

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United States | Jackson Lewis P.C.

Latest Case Law: USA: Supreme Court: Interstate Transport Companies’ Independent Contractor-Drivers are Exempt from FAA In New Prime, Inc. v. Oliveira, the U.S. Supreme Court held that the Federal Arbitration Act’s (FAA) Section 1 exemption applies to transportation workers, regardless of whether they are classified as independent contractors or employees. No. 17-340 (Jan. 15, 2019) » Read More

Upcoming International Events: USA: Jackson Lewis Corporate Counsel Conference 2019 – March 13~15, 2019 – Miami Organizations, 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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