Employment Law Tracker

 

Palthe Oberman and L&E Global are pleased to present you with the most recent employment law updates for June 2018.

 

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Argentina | Australia | Austria | Belgium | Brazil | Canada | Chile | China | France | Germany | India | Italy | Luxembourg | Mexico | The Netherlands | New Zealand | Norway | Poland | Portugal | Qatar | Romania | Saudi Arabia | Spain | Sweden | Switzerland | United Arab Emirates | United Kingdom | United States


Australia | Harmers Workplace Lawyers

Impending Changes of Legislation: Australia: Most Updated Modern Awards to Take Effect in 2019 Australia’s national employment relations tribunal confirms updated Modern Awards will take effect from 2019 » 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: Obligation for employers to discuss “digital disconnection” from work New legislation requires an employer to discuss with the workers’ representatives the disconnection from work and the use of digital means of communication. » 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: The Human Rights Tribunal of Ontario ruled that employees do not have an absolute right to smoke marijuana in the workplace A recent decision of the Human Rights Tribunal of Ontario, Aitchison v L&L Painting and Decorating Ltd, 2018 HRTO 238, confirmed that employees do not have an absolute right to smoke marijuana, medical or otherwise, in the workplace. The Tribunal held that the employer’s “zero tolerance” policy was not discriminatory, as it did not impose automatic termination of employment for violations of the policy. Employers are advised to revisit drug and alcohol policies to ensure that any “zero tolerance” type polices do not lead to automatic termination of employment without any flexibility with respect to requests for accommodation. Further, in light of the pending legalization of recreational marijuana use in Ontario, such policies should be amended to contemplate recreational use of legal substances. » Read More

Impending Changes of Legislation: Canada: Ontario Legislates Pay Transparency through the Pay Transparency Act, 2018 Ontario has become the first province in Canada to legislate pay transparency through the Pay Transparency Act, 2018 (the “Act”), which will come into force on January 1, 2019. The purpose of this legislation is to promote gender equality and equal opportunity in employment in the workplace, and to eliminate gender and other biases in pay practices. Pursuant to the Act, employers will be prohibited from seeking compensation history information from job applicants, and will be required to provide information regarding compensation for any position being advertised in public job postings. Employers will also be required to prepare “pay transparency reports” for submission to the Ministry of Labour. » Read More

Other Observations: Canada: Human Rights Tribunal of Ontario finds Human Rights Code section allowing employers to exclude employees over 65 years of age from certain benefits unconstitutional In a ground-breaking decision, with the potential to affect both unionized and non-unionized workplaces, the Tribunal recently determined that a school board could not rely on section 25(2.1) of the Human Rights Code (the “Code”) to justify the blanket exclusion of employees over 65 years of age from extended health, dental and life insurance benefits. » Read More

Upcoming International Events: Canada – Filion Wakely Thorup Angeletti Webinar – “Labour and Employment Challenges for the Small Business” – June 27, 2018 A free webinar that will review the practical challenges small businesses face with respect to common Canadian employment and labour issues. » 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: Employee was found unqualified to establish employment relationship due to having reached the statutory retirement age The court held that the employee’s employment was unqualified to establish an employment relationship, due to the fact that the employee reached the retirement age, and also because the employee was not yet entitled to receive a pension. » Read More

Other Observations: China: Visa-free entry into Hainan Province is approved, triggering an increase in foreign visitors The State Immigration Administration announced visa-free entry into Hainan Province for visitors from 59 countries. As a result, the Hainan Province witnessed a rapid increase of foreign visitors. » 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: Mobile employees: the home-client commute is not paid as working time The French Supreme Court has handed down a much awaited ruling on the impact in French law on European case law that assimilated the daily commuting carried out by mobile workers between their residence and their first and last clients’ offices as working time. The Cour de cassation decided to strictly apply the French labour code’s text that expressly excludes considering such travel time as working time, especially in regards to remuneration. » Read More

Impending Changes of Legislation: France: Upcoming reform in the employee savings: measures to develop employee savings in small and medium-sized companies will be presented by the government mid-June. The draft law will then be submitted to parliament The government wishes to encourage employee savings plans in small and medium sized companies. Several measures in this respect will be announced shortly, such as the lifting of the forfait social on savings or profit-sharing for certain companies as well as the implementation of branch employee savings agreements that the employer can adhere to. » 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 Legal

Latest Case Law: Germany: Employees are not generally obligated to give employer access to their private mobile phone number The State Labour Court of Thuringia ruled on 16 May 2018 that an employee is not generally obligated to make his private mobile phone number accessible to the employer. Such an obligation would interfere with the employee’s right of informational self-determination. » Read More
Germany: No group works council if dominating parent entity has its registered office outside of Germany Pursuant to the German Works Constitution Act it is possible to establish a so-called group works councils through resolution of the works councils that operate on the level of the respective subsidiaries. The Federal Labour Court ruled, however, that the establishment of such a group works council either requires that the dominating parent entity has its registered office in Germany or that part of the group management is located in Germany and is provided with substantial authority to decide in social, personnel and economic matters. » 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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Italy | Lablaw - Studio Legale

Latest Case Law: Italy: Dismissal and Sickness “Grace Period” According to the Joined Chambers of the Court of Cassation, dismissal due to continuous absences of the employee is null and void if ordered before the expiry of the sickness “grace period”. » 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.

Impending Changes of Legislation: Mexico: Senate approved the ‘Integral and Progressist Trans-Pacific Partnership’ An Executive Order was published in the Official Gazette according to which, on April 24, 2018, Mexico’s Senate approved the ‘Integral and Progressist Trans-Pacific Partnership’ (TPP-11). » 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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Norway | Storeng, Beck & Due Lund (SBDL)

Latest Case Law: Norway: Redundancy ruled void because employer had not offered vacant suitable position Redundancy of employee ruled void because employer had not offered employee a vacant suitable position in another part of the company. » Read More
Norway: Employee’s travel time was considered working time Employee’s travel time to/from another location as required by the employer to perform work duties constitutes “working time” » 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

Latest Case Law: Poland: Rules of monitoring at workplaces introduced in the Polish Labour Code Rules of monitoring at workplaces were introduced into the Polish Labour Code and came into force on 25th May 2018, as a result of EU General Data Protection Regulation. The new provisions concern the matters of video monitoring and e-mail monitoring. » 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: Constitutional Court Ruling on legal age limit for retirement for women and men Labour Code provision stating that the individual employment agreement will be terminated at the time of reaching both the age limit for retirement and the required contribution period is constitutional only if this provision does not limit the right for the women that reach their legal age limit of 63 to opt for the continuation of employment up until they reach the age of 65, the legal age limit for men. » 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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Sweden | Advokatfirman Cederquist KB

Latest Case Law: Sweden: Interpretation on the safeguarding of employees’ rights in the event of transfer of undertakings Following a transfer of undertakings, the transferred employees were dismissed more than one year after the transfer took place. The employer did not include the employees’ length of service with the transferor when determining their rights of extended periods of notice. The Swedish Labour Court ruled that the employees were not entitled to extended periods of notice. » Read More
Sweden: Court ruling that former employees did not make use of trade secrets but nonetheless acted disloyally Four employees resigned to start a business in competition with their former employer. The former employer claimed damages from the employees. The former employer could not prove that the employees unlawfully had used trade secrets, but the Swedish Labour Court found that the disloyalty warranted economic liability. » 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 States | Jackson Lewis P.C.

Latest Case Law: USA: Supreme Court: Class Action Waivers in Employment Arbitration Agreements Do Not Violate Federal Labor Law Class action waivers in employment arbitration agreements are enforceable under the Federal Arbitration Act (FAA), the U.S. Supreme Court has held in a much-anticipated decision in three critical cases. » Read More

Other Observations: USA: Welcome to California As employers with operations in the state are well aware, California is one of the most challenging regulatory environments for organizations, particularly with respect to employment law. We recognize the need for specialized California advice and counsel and have a dedicated team of attorneys in five regional offices who provide employment law services to clients in a wide range of industries throughout the state. We have prepared this Guide to California-Specific Employment Law Issues as a starting point for employers looking for an overview of some of the unique aspects of California law. We hope you find this resource useful as you navigate the complexities of California’s employment laws. » Read More

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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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