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 July 2019.


JOIN L&E GLOBAL’S WEBINAR SERIES


Browse by Country


Australia | Belgium | Canada | Chile | Colombia | European Union | France | Germany | India | Italy | Luxembourg | Mexico | Netherlands | Poland | Romania | Spain | Sweden | United Arab Emirates | United Kingdom | United States |


Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: Full Bench quashes ruling that CCTV footage of employee’s serious misconduct was inadmissible The Full Bench of the Fair Work Commission has quashed a Commissioner’s ruling that an employer’s installation of CCTV devices failed to comply with the Workplace Surveillance Act 2005 (NSW) and that the CCTV footage it had obtained had been illegally or improperly obtained. The Full Bench held that the recording was authorised by the Act and the evidence so obtained should not have been automatically excluded » 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: Benefits provided by a third party to an employee are part of the renumeration In a judgement of 20 May 2019, the Belgian Supreme Court has answered the question whether benefits provided by a third party to an employee, should be seen as part of his/her wage, on which social security contributions need to be paid » 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: Human Rights Tribunal of Ontario finds dismissal following lengthy unauthorized absence from work not discriminatory In Joseph v. Tecumseh Community Development Corporation, 2019 HRTO 635, the Tribunal dismissed an application made by an employee whose employment was terminated for unauthorized absenteeism and insubordination. Although the applicant was specifically asked to provide medical documentation substantiating her absence or return to work, she failed to comply with this directive. The applicant asserted the termination of her employment amounted to discrimination on the basis of family status. However, the Tribunal ultimately found the applicant failed to provide any medical evidence that would substantiate this claim » Read More

Other Observations: Canada: Ontario Appoints Special Advisors to Review Workplace Safety & Insurance Board On 23 May 2019, the Ontario Government announced its appointment of two special advisors, Linda Regner Dykeman and Sean Speer, to review the operations of the Workplace Safety & Insurance Board (“WSIB”). Members of the public have until 26 July 2019 to make submissions to the review team » 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 ▲

Chile | Cariola Díez Pérez-Cotapos

Impending Changes of Legislation: Chile: Huge Discussion to Come: Bill on Reducing Working Hours per Week On 24 July 2019, the Labour Committee of the Deputies Chamber at the Chilean Congress approved, in general terms, a bill of law that diminishes the maximum of workable hours per week, from 45 to 40. Now the bill of law must be discussed in particular terms and is expected face stiff opposition, particularly from congressmen, arguing that it is unconstitutional » Read More

» Read all articles




For more information on these articles or any other issues involving labour and employment matters in Chile, please contact Ricardo Tisi, Partner at Cariola Díez Pérez-Cotapos (www.cariola.cl) at rtisi@cariola.cl.

Back to Top ▲

Colombia | López & Asociados

Impending Changes of Legislation: Colombia: Series of Reforms to Labour Law and Workplace Related Issues in 2019 In the course of the year 2019, Colombia has developed a series of modifications regarding labour law and workplace related issues. The main observations and changes that have taken place include: i) workplace harassment law measures enforcement for interns; ii) electronic means for labour contract signatures; iii) new reach for workplace harassment regulations as a result of ILO Convention; iv) Congress prohibits the use of asbestos in Colombia; and v) presumption of trial period for domestic workers » 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

Other Observations: EU: European Labour Authority will have its seat in Bratislava On 13 June 2019, Bratislava was chosen as the seat of the new European Labour Authority (ELA). The EPSCO Council (the council of the ministers of work of the EU Member States) in Luxembourg has selected the Slovakian capital with 15 votes out of 28. The other competing cities were Sofia (Bulgaria), Riga (Latvia) and Nicosia (Cyprus). Therefore, the seat of this important new institution was almost certain to go to an Eastern European country » 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: Mutually agreed termination – there must be proof that the employee received a copy signed by the employer The Supreme Court has specified that the original copy of the mutually agreed termination document (rupture conventionnelle) that is provided to the employee must be signed by the employer. Failure to comply with this obligation is sanctioned by the agreement being deemed null and void. The court rejected the notion of a presumption of such a document having been provided to the employee, regardless of the fact that the document specifies that it was done in two original copies » Read More

Impending Changes of Legislation: France: New measures planned to favour employee savings plans in companies The Pacte law provides for measures that encourage companies to share a part of their profits with their employees. The law brings several changes to the two major profit sharing schemes (participation and intéressement) as well as company savings plans. Some of these measures entered into force with the law’s signing (24 May 2019), while other obligations will enter into effect on 1 January 2020. Note the implementation of profit sharing in companies with fewer than 50 employees, which up to now were exempt. The implementation will have to be negotiated at the industry/sector level by 31 December 2020 » 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: The expiration of an employee’s holiday entitlement requires that the employer request the employee to take his holidays beforehand; this also applies to holiday entitlement from previous years An employee’s holiday entitlement only expires at the end of a calendar year, if the employer has previously informed the employee about his holiday entitlement and the expiry periods. According to latest ECJ case law, the employer is even obliged to request the employee to take his holidays. A German Regional Labour Court has now ruled that such obligation does not only refer to the holiday entitlement from the current calendar year, but also to possible remaining entitlements from previous calendar years » Read More
Germany: Termination notice in case of mass dismissal can already be signed by the employer before the notice of mass dismissal is submitted to the employment agency and can be served to the employees right after the submission The prior notice of mass dismissals towards the employment agency, which is required under German law when dismissing a large number of employees, is effective, even if the employer was already determined to dismiss the employees at the time the notice of mass dismissal was submitted to the employment agency. The notice of termination can indeed be given to the employees right after the notice of mass dismissal was submitted to the employment agency » Read More
Germany: A works agreement, which compensates overtime hours with a pre-defined number of additional days off per year, is invalid A general works agreement, providing that trade union officials who “regularly” work overtime hours are compensated for all such overtime hours by a lump sum of 9 days of additional leave per calendar year, is invalid. Such an agreement does not determine the criteria for overtime compensation as clearly as required, and furthermore violates the principle of equal treatment under the German Works Constitution Act (Betriebsverfassungsgesetz) » Read More

Other Observations: Germany: The remuneration limit for “midijobbers” has been increased from EUR 850 gross to EUR 1,300 gross per month from 1 July 2019, granting more employees social security advantages Employees earning up to EUR 1,300 gross per month will be paying less social security contributions from 1 July 2019 onwards, as they now qualify as so-called “midijobbers” » 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 ▲

India | IndusLaw

Impending Changes of Legislation: India: The State Governments of Telangana and Maharashtra have made it mandatory for certain organisations to register their Internal Complaints Committees The Women and Child Department of the State of Telangana, by a circular dated 1 July 2019 (“Circular”), has made it mandatory for government and non-governmental organisations, employing 10 (ten) or more employees to register their Internal Complaints Committee (“ICC”). The ICC is the internal investigation body under the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013 for evaluating complaints of sexual harassment. Similarly, in the State of Maharashtra, the District Women and Child Development officer in Mumbai, by a general letter dated 23 March 2017 (“Letter”) has asked all establishments in Mumbai to constitute and register their ICCs » Read More

» Read all articles


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.

Back to Top ▲

Italy | LabLaw

Impending Changes of Legislation: Italy: The so-called “growth decree” and its most significant employment law provisions The so-called “Growth Decree” which entered into force after the publication in the Official Journal on 14 July 2019 is primarily aimed at boosting economic growth through tax cuts – intervened with some significant innovations and incentives from an employment law perspective as well » 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 ▲

Luxembourg | KLEYR ❘ GRASSO

Impending Changes of Legislation: Luxembourg: Increase of statutory minimum wage by another 0,9% retroactively as of 1 January 2019 The new statutory minimum wage for unqualified workers thus amounts to EUR 2,089.75 » Read More

» Read all articles



For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Jungers, Partner at KLEYR ❘ GRASSO (www.kleyrgrasso.com) at christian.jungers@kleyrgrasso.com.

Back to Top ▲

Mexico | De La Vega & Martinez Rojas S.C.

Impending Changes of Legislation: Mexico: Amendment to the Federal Labour Law regarding “Home Office” On 19 June 2019, the Mexican Senate approved a draft order to amend the Federal Labour Law regarding “Home Office”. The International Labour Organisation defines home office as “the work form effectuated in a different place, not in the office and implies the use of new technologies which facilitates the communication.” In 2013, the amendment in telecommunications had, as a primary objective, a principle aim to benefit all Mexicans, so that each had access to the information and communication technologies (ICT) » Read More

» Read all articles



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.

Back to Top ▲

The Netherlands | Palthe Oberman

Latest Case Law: The Netherlands: The Supreme Court provides viewpoints for the improvement plan in case of unsatisfactory performance The help, support and guidance that can be expected from the employer in a specific case, in order to improve the employee's performance, as well as the way in which all this must be laid down, depends on the circumstances of the case. The Court added to this that the employee, considering the level of her position and her work experience, could herself have shown insight into her improvement areas and could have made it known, which specific measures or courses she needed in order to improve her performance, and her failure to do so, led to her termination due to inadequate performance » 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 ▲

Poland | A.Sobczyk i Współpracownicy

Impending Changes of Legislation: Poland: Employee Capital Plans (ECP) Act enters into force for the biggest employers Starting from 1 July 2019, the Employee Capital Plans (ECP) Act will be applied to entities employing at least 250 people as of 31 December 2018. The ECP Act does not require the first ECP payments to be made in July. However, both employers and the employees’ representatives should take some action between now and 25 October 2019 » 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 ▲

Romania | Magda Volonciu & Asociatii

Latest Case Law: Romanian Supreme Court holds that predetermined amounts that are to be paid by the employee, in case of damages made to the employer, cannot be inserted within the individual employment agreement The Supreme Court has issued a general and mandatory ruling stating that in order for an employee to be ordered to pay damages to the employer, a court should determine the amount that is to be paid. The parties cannot negotiate and insert, within the individual employment agreements, predetermined amounts » Read More

Impending Changes of Legislation: Romania: New Law on the Romanian Public Pension System to Replace the existing one in 2021 The most important changes of the new law on the Romanian Public Pension System are the ones regarding the way the pensions are to be calculated. According to the new law, the algorithm that is used in order to determine the pension will be changed and all existing pensions will undergo a recalculation process. However, no existing pension will be lower after the recalculation and changes on the amounts are to be made only if they are more favourable to the beneficiaries » Read More

» Read all articles


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.

Back to Top ▲

Spain | Suárez de Vivero

Impending Changes of Legislation: Spain: New Royal Decree aims to provide real and effective equality between men and women in the conciliation of personal and family life On 1 March 2019, the Royal Decree on urgent measures to guarantee equal opportunities for women and men in employment and occupation was published. The new Royal Decree introduces a novelty in paid leaves for birth and adoption » 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 | Advokatfirman Cederquist KB

Impending Changes of Legislation: Sweden: New Swedish legislation prolongs the period of statutory employment protection to include protection for employees until they reach 69 years of age Legislative changes concerning the Employment Protection Act (1982:80) will entitle employees to employment protection until they reach 69 years of age, prolonging the period of employment protection by two years to adapt to increased average lifespans » Read More
Sweden: A thieving construction worker was entitled to damages due to omission of formal requirements in connection with his summary dismissal The Labour Court ruled that an employer had lawful grounds to summarily dismiss a construction worker due to his theft of building materials. However, the employer's lack of information and delayed payment of accrued vacation entitlement in connection with the summary dismissal entitled the worker to SEK 17,000 in damages » 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: Major changes expected when new DIFC Employment Law enters into force on 28 August 2019 The new DIFC Employment Law No. 2 of 2019 comes into effect on 28 August 2019 and repeals and replaces the previous law, DIFC Law No. 4 of 2005, as amended. Key revisions include, among others, the application of the law to short-term employees and part-time employees; the introduction of a six month limitation period for bringing employment claims; greater protection for employees against discrimination (including harassment); enhanced family-friendly benefits; and increased clarity regarding the payment of salaries and other entitlements » 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: Disability discrimination – perceived disability The Court of Appeal has ruled that it is discriminatory to refuse employment because of a perception that a health condition will affect an employee's ability to work in future » Read More
UK: Supreme Court saves otherwise unenforceable non-compete covenant The Supreme Court (the UK's highest court) has confirmed that courts can in effect delete any part of a restriction in an employment contract that is too wide or too restrictive and enforce what's left. In this case, the Court clarified when courts are entitled to edit contracts in this way » Read More

Impending Changes of Legislation: UK: #Metoo – Government consultation on harassment in the workplace As promised (see Gender equality roadmap above), the Government published a further consultation on 11 July 2019 to explore some of the concerns raised by the Women and Equalities Select Committee in their 2018 report. This follows the consultation earlier this year on the use of non-disclosure agreements (NDAs) and wider confidentiality clauses in sexual harassment cases » Read More
UK: #Metoo – Recommendations on confidentiality clauses in discrimination and harassment cases The Women and Equalities Select Committee has now published its report, making a number of recommendations, which comes after the Government's consultation on the regulation of non-disclosure agreements (NDAs) in cases of workplace harassment and discrimination » Read More
UK: Gender equality roadmap published The Government Equalities Office has published Gender equality at every stage: a roadmap for change which sets out the Government's proposals to tackle eight key drivers of gender inequality » 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: Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification » 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 2017.

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