We are pleased to present you with the L&E Global Employment Law Tracker for July 2021, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. 
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ArgentinaAustraliaBelgium • Canada • ChileChina • Dominican Republic • European Union • France • GermanyIndia • Italy • The NetherlandsPoland • RussiaSaudi ArabiaSingaporeUnited Kingdom • United States

ARGENTINA • Allende & Brea

Argentina: Amendments to Choice of Medical Coverage

New Decree modifies the current regime regarding the free choice of social security companies for employees. » 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 Website of Allende & Brea.

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AUSTRALIA • Harmers Workplace Lawyers

Australia: Fair Work Commission Rules on Casual Terms in Modern Awards 

As part of its review, Full Bench of the Fair Work Commission, Australia’s national workplace relations tribunal has been tasked to consider, amongst other things, whether existing “engaged as a casual” and “paid by the hour” type definitions in Modern Awards are consistent with the new statutory definition for casual employees. » 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 Website of Harmers Workplace Lawyers.

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BELGIUM • Van Olmen & Wynant

Belgium: Constitutional Court prohibits the Infinite Use of Successive Short-term and Replacement Contracts

The Constitutional Court ruled that certain provisions of the Employment Contracts Act violate the principle of equality. These provisions prohibit the conclusion of temporary employment contracts and replacement contracts for longer than (in principle) two years, but such a prohibition does not apply if temporary employment contracts alternate with replacement contracts. » 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 Website of Van Olmen & Wynant.

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CANADA • Filion Wakely Thorup Angeletti

Canada: Legal Considerations for Employers Hiring Remote Workers in Other Provinces

With the current prevalence of remote work and the likelihood that it will continue after the COVID-19 pandemic has run its course, some employers are actively considering recruiting job candidates in, or allowing existing employees to work remotely from, provinces and territories across Canada in which they may not have regular business operations. While this approach has many positive attributes, there are however, some key considerations which employers should be aware of.  » Read More
 

Canada: Statutory Severance Pay Entitlement Based on Global Payroll

In a recent decision, the court ruled that employers who have a payroll of 2.5 million dollars, anywhere in the world, will now have to provide their qualifying Ontario employees with statutory severance pay upon termination of employment. » Read More
 

Canada: Ontario Arbitrator Upholds Rapid Testing Protocol

In a recent recent decision, an Ontario Arbitrator upheld an employer’s compulsory rapid testing protocol. The Union’s grievance, which alleged that the testing protocol was unreasonable, was dismissed. Filion Wakely Thorup Angeletti LLP’s very own Carl Peterson, Diane Laranja, and Danny Parker were involved in achieving this successful outcome. » Read More
 

Canada: Are CERB Payments Deductible from Wrongful Dismissal Damages? Maybe

In a recent recent decision, an Ontario Arbitrator upheld an employer’s compulsory rapid testing protocol. The Union’s grievance, which alleged that the testing protocol was unreasonable, was dismissed. Filion Wakely Thorup Angeletti LLP’s very own Carl Peterson, Diane Laranja, and Danny Parker were involved in achieving this successful outcome. » 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 Website of Filion Wakely Thorup Angeletti.

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CHILE • Cariola Díez Pérez-Cotapos

Chile: Considerations about Termination of Employment Contract

Over the last years, it has been discussed in Chile, how an employer can terminate an employment contract due to business grounds. » 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 Website of Cariola Díez Pérez-Cotapos

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CHINA • Zhong Lun Law Firm

China: Court rules Negative Comments from Co-workers could amount to the basis for Termination

The Shanghai No. 2 Intermediate People’s Court held that comprehensive negative comments from the employee’s supervisors, co-workers, subordinates, etc. were an objective assessment of the employee’s work, which could also amount to the basis for termination of employment during the probationary period. » Read More
 

China: MOHRSS issues Guidance for the Conclusion of Electronic Employment Agreements

The Ministry of Human Resources and Social Security released the Guidance for Conclusion of Electronic Employment Contracts on 1 July 2021, which intends to guide the process concluding an electronic employment contract and ensuring that it will be authentic, accurate and complete and that it will not be tampered with. » 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 Website of Zhong Lun Law Firm.

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Dominican Republic • Sánchez & Salegna

Dominican Republic: New Minimum Monthly Wage Increases for Private-sector Workers

The President of the Republic announced an agreement reached by the National Salary Committee to increase the private sector salary. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Dominican Republic, please contact Angelina Salegna Bacó (Partner) of Sánchez & Salegna at asalegna@sys.do or visit Website of Sánchez & Salegna.

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EUROPEAN UNION • Van Olmen & Wynant

EU: ECtHR on Social Media-linked Dismissal

The European Court of Human Right’s ruling of 15 June 2021 concerned the dismissal of a contractual cleaning lady in an educational government service, because she ‘liked’ (politically) sensitive posts on Facebook. The Court considered this dismissal as a violation of the employee’s freedom of expression. » 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 Website of Van Olmen & Wynant.

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FRANCE • Flichy Grangé Avocats

France: Video Surveillance Cannot Permanently Monitor the Activity of an Employee Working Alone

A restaurant cannot invoke the purpose of security of persons and property, to justify the proportionate nature of the video surveillance installed in the kitchen of a restaurant in which only one cook works, when its purpose is to ensure that the employee does not repeat his breaches of health and safety rules. » Read More
 

France: Professional Reviews Deadline Postponed until 30 September

The Ministry of Labour’s 21 June update of its Q&A on the organisation of professional interviews during the COVID-19 health crisis, provides that sexennial professional interviews that have not been organised before 30 June, can still be held up until 30 September 2021. » 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 Website of Flichy Grangé Avocats.

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GERMANY • Pusch Wahlig Workplace Law

Germany: Statutory Minimum Wage also Applies to Foreign Caregivers Working in Private Households

If foreign caregivers are sent to work in a private household in Germany, they are entitled to the German statutory minimum wage for hours worked. This also includes on-call duty. Accordingly, employees must receive remuneration for up to 24 hours per day if they provide care services and/or are on call day and night. » Read More
 

Germany: Latest COVID-19 related Updates to Employment Law

The legal situation for German employers regarding COVID-19 regulations is still dynamic as the past few weeks have again brought changes in both statutory law and case law, for example regarding the compulsory offer of working from home. » 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 Website of Pusch Wahlig Workplace Law.

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INDIA • IndusLaw

India: Recent developments under the Indian Labour Codes

The Central Government and the State Government of Chhattisgarh, Odisha and Tripura have published draft rules under the Indian Labour Codes. » 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 Website of IndusLaw.

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ITALY • LabLaw

Italy: Impending Changes to Legislation

With the new legislation that has entered into force, the dismissal ban has taken on a variety of deadlines and limits, due to various factors, which it is useful to clarify and set out in a systematic manner. » 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 Website of LabLaw.

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THE NETHERLANDS • Palthe Oberman

Netherlands: What is the Value of a Vacation Day?

The value of a vacation day is important when holidays are taken and when they are paid out (whether or not at the end of the employment). During vacation, an employee is entitled to his usual wage. In practice, it is not always clear what constitutes as usual wage. In this blog we explain what is included in the so-called 'holiday pay'. » Read More
 

Netherlands: NOW 4 - Sixth Application Period for Subsidies Opened

The economy is slowly reopening, but not yet for everyone. In order to continue supporting employers as much as possible, the NOW is extended by three months until 30 September 2021. However, the government has decided to apply a maximum turnover loss of 80% (to be declared). Find below the most important features of the NOW 4. » Read More
 

Netherlands: Civil Law approach for Corporate Fraud

Approaching corporate fraud, seizure of evidence is being used more and more often. » 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 Website of Palthe Oberman.

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POLAND • Sobczyk & Partners Law Firm

Poland: The Minimum Wage to be Increased in the Post-Pandemic Economy

In July the government announced that from 1 January 2022, they plan to raise the minimum remuneration for work in Poland to PLN 3,000 gross. This means an increase of PLN 200 compared to the 2021 minimum wage (currently the lowest salary is PLN 2,800 gross). » 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 Website of Sobczyk & Partners Law Firm.

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RUSSIA • Pepeliaev Group

Russia: Mandatory Vaccination

More and more Russian regions announce mandatory vaccination for employees of specific industries. » Read More
 

Russia: "Work in Russia" - Unified Digital Employment Platform

From 1 January 2022, employers with more than 25 employees must post information on the unified digital platform "Work in Russia". » Read More

For more information on these articles or any other issues involving labour and employment matters in Russia, please contact Anna Berlina (Partner) of Pepeliaev Group at a.berlina@pgplaw.ru or visit Website of Pepeliaev Group.

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SAUDI ARABIA • Clyde & Co

Saudi Arabia: New Law will Apply a Job Seekers Subsidy

Decision No. 575 of 1442H applying a job seekers subsidy allows those who qualify to benefit from 15 months of job seeker benefits. » 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 Website of Clyde & Co.

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SINGAPORE • Clyde & Co Clasis

Singapore: Government issues Advisory on Mandatory COVID-19 Vaccinations for Employees

Government issues an advisory on whether employers can mandate COVID-19 vaccination for their employees in Singapore. » Read More

For more information on these articles or any other issues involving labour and employment matters in Singapore, please contact Thomas Choo (Partner) of Clyde & Co Clasis at Thomas.Choo@clydeco.com or visit Website of Clyde & Co.

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UNITED KINGDOM • Clyde & Co

UK: COVID-19: Employee who stayed in Italy at the start of the Pandemic was automatically Unfairly Dismissed

An Employment Tribunal has decided that an employer had unfairly dismissed an employee who had remained in Italy at the outbreak of the pandemic. Due to the significant levels of infections and deaths at the time, Mr Montanaro had reasonably believed the virus to be a serious and imminent danger that could be avoided. By not returning to the UK and working remotely from Italy, he had taken appropriate steps to protect himself and others. » Read More
 

UK: COVID-19: Lifting of Working from Home Guidance in England

On 5 July the UK Prime Minister announced that as part of the move to Step 4 of the UK’s Roadmap out of lockdown, the UK government’s working from home guidance will end, along with the mandatory wearing of face masks and the one meter-plus social distancing rule.  The government has also updated its guidance “Working safely during coronavirus”, with six guides for different workplaces, which apply in England from 19 July 2021. » Read More
 

UK: Government announces Future Reforms to Sexual Harassment Laws

The UK government has published its response to the consultation on workplace sexual harassment, launched in 2019. The response confirms that the government will introduce a new duty for employers to prevent sexual harassment and third-party harassment in the workplace, and that it will look closely at the possibility of extending the time limit for all claims under the Equality Act 2010 from 3 to 6 months. There will also be a new statutory Code of Practice to be published by the Equality and Human Rights Commission (EHRC). » Read More
 

UK: European Commission adopts UK adequacy decisions

International businesses will welcome the news that on 28 June 2021, the European Commission adopted the two UK adequacy decisions under the EU General Data Protection Regulation ((EU 2016/679) and the Law Enforcement Directive.  This means that personal data can now flow freely from the EU to the UK. » Read More
 

UK: Brexit and COVID-19 - Right to Work Checks

For employees recruited after 1 July 2021, UK employers will no longer be able to accept only an EEA or Swiss passport or relevant National ID Card as evidence of a lawful right to work in the UK. Instead, they will need to see proof of immigration status which will include but not necessarily be limited to eligibility under the EU Settlement Scheme or the UK’s new Points Based System (PBS) immigration framework. On a separate note, temporary changes to the rules governing the employer’s duty to check and document a worker’s right to work in the UK have been in force from 20 March 2021 due to the pandemic. These temporary changes will remain in force until 31 August 2021. » 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 Website of Clyde & Co.

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UNITED STATES • Jackson Lewis

USA: Takeaways from President Biden’s Executive Order on Non-Competes

In the latest step toward federal regulation of non-compete agreements, President Joe Biden has issued a wide-ranging Executive Order that, among many other competition-focused objectives, encourages the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.” » Read More
 

USA: Fourth Circuit Provides Guidance on How to Count Affected Employees Under WARN Act

A federal contractor that could not secure extended financing and suddenly laid off its workers when it could not make payroll was not a covered “employer” under the Worker Adjustment and Retraining Notification Act. » Read More
 

USA: “New” EU Standard Contractual Clauses - FAQs for U.S. Organisations

Globalisation, compliance, and the growth in outsourcing have created a myriad of cross-border data transfer scenarios. These scenarios include marketing to and servicing customers, assessing global compliance with diversity and including goals, and outsourcing back-office business functions. However, the emergence of far-reaching data privacy regulation, such as the EU General Data Protection Regulation (“GDPR”), has erected roadblocks to the free flow of personal data, particularly from the European Economic Area (“EEA”) to countries without an EU adequacy decision, including the United States. Standard Contractual Clauses (“SCCs”) are one way to navigate the roadblocks, but the SCCs are not as simple as circulating a form agreement. » Read More
 

USA: Building a Post-COVID-19 Workplace - Immigration Requirements Must be in the Mix

Many companies that have been working remotely during COVID-19 expect to continue to do so, at least to some extent after the pandemic. At first, it might seem that manufacturing would not be an industry where remote models would be prevalent. But, due to a changing occupational mix, only two-fifths of employees are involved in actually “making things.” Accordingly, the manufacturing industry needs to pay attention to the relevant remote and flexible hybrid work models, particularly as to foreign national employees. » 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 Website of Jackson Lewis.

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