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 June 2019.


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Argentina | Australia | Belgium | Canada | Chile | European Union | France | Germany | India | Italy | Mexico | Netherlands | Poland | Saudi Arabia | Spain | Sweden | United Arab Emirates | United Kingdom | United States |


Argentina | Allende & Brea

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Latest Case Law: Argentina: Are surveillance-camera footage valid as evidence before a Labour Court in Argentina? This case law shows that for surveillance-camera footage to be used as evidence in a court claim, some legal requirements must be met and have to be ratified by other means of evidence » 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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Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: Bakery Franchise Ordered To Pay $249,000 To A Temporary Visa Worker For Underpayment And “Cashback Payment” Arrangement The Federal Court of Australia has ordered that an employer and its two managing directors pay a former employee, who had been working on a temporary visa, a total of $249,000 in compensation and pecuniary penalties, for contraventions of the Fair Work Act 2009 (Cth) » Read More

Impending Changes of Legislation: Australia: Important Reforms To The Law Governing “Whistleblowers” Corporations (particularly public companies and large proprietary companies) will need to be aware of recent amendments to the corporations (and taxation) legislation that give greater protection to “whistleblowers” (those that make disclosure of corporate wrongdoing and breaches of the taxation laws). These changes impose additional duties on corporations to have mechanisms in place to deal with such disclosures. The legislation (Treasury Laws (Enhancing Whistleblower Protections) Act 2018) received Royal Assent in March this year, but the provisions affecting the Corporations Act 2001 (Cth) will take effect on 1 July 2019. Importantly, as noted below, there are obligations to have an appropriate policy dealing with whistleblowing in place before 1 January 2020. Because liability for breaches of the amendments can run before 2020, it is recommended that companies covered by the legislative amendments act as soon as possible to implement a policy and ensure compliance with the legislation » Read More

Upcoming International Events: Webinar: The legal quandary of the intern – know your obligations – Date: Wednesday, 24 July 2019 – 1 p.m. to 1:30 p.m. AEST In this session, Emma Pritchard will cover obligations for employers in Australia when considering utilising unpaid interns, in order to prevent exposure to significant back pay claims and potential penalties » View Webinar
Webinar: It’s Hard To Say Goodbye: Avoiding The Pitfalls Of Executive Terminations – Date: Wednesday, 20 August 2019 – 1 p.m. to 2:00 p.m. AEST In this session Sophie will outline: how to ensure termination payments to executives comply with Australian corporations law obligations; how to ensure that your business goodwill, proprietary interests and confidentiality is protected when key executives leave by having in place appropriate restraint clauses in contracts; and how to avoid and minimise prospects of an exiting executive successfully pursuing legal action » View Webinar

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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

Latest Case Law: Belgium: Labour Questions The Link Between Seniority And Wage Increases The Labour Court of Leuven, in a judgment of 11 April 2019, has declared a sectoral collective agreement non-applicable as it linked wage increases to the seniority of the employee, because it deemed it to be in contradiction with the prohibition of discrimination based on age » 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

Impending Changes of Legislation: Canada: Minimum Wage Rates Increase in Québec Effective 1 May 2019 On 1 May 2019, the Regulation to amend the Regulation respecting labour standards came into force in Québec, raising the province’s general minimum wage rate by 50 cents to $12.50 per hour. The minimum wage rate for employees in the Québec food industry who are partially compensated by gratuities has risen by 25 cents to $10.05 per hour » 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: Department of Labour case law A labour contract termination in Chile must be communicated. The Department of Labour has recently issued a judgment stating that the communication means an irrevocable offer of payment and that the employer must honour the severance amount set forth in the letter. However, that judgment also recognises exceptions in which the offer cannot be enforceable » Read More

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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.

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European Union | Van Olmen & Wynant

Latest Case Law: EU: Court Of Justice Obliges A Working Time Registration System In a landmark judgment of 14 May 2019, the Court of Justice decided that, in order to ensure the effectiveness of the rights provided for in the Working Time Directive (2003/88/EC) and the Charter of Fundamental Rights of the EU, Member States must require employers to set up an objective, reliable and accessible system that makes it possible to measure each worker's daily working time » Read More

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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.

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France | Flichy Grangé Avocats

Latest Case Law: France: Indemnity Scale For Dismissals Without Cause: The Supreme Court Is Seized Regarding A Request For Opinion As the rulings of Labour Councils continue to multiply, finding that scales of indemnity payments for termination without any real and serious cause, put in place by the Macron reform of 2017 are non-compliant with Convention No. 158 of the ILO and the European Social Charter, a Labour Court has decided to refer the matter to the Court of Cassation, using the referral procedure for an opinion of the High Court. It is expected to render its decision public on 8 July, but has in the past refused to comment on the legality of a law in the context of a request for an opinion » Read More

Impending Changes of Legislation: France: Moving Towards Reinforced Social Rights For Digital Platform Workers In response to the existing social insecurity for self-employed workers of digital platforms, a bill currently being debated in the French Parliament provides for the possibility for platforms to put in place social responsibility charters. This bill also aims, above all, to guarantee increased rights for the self-employed workers in this sector, while securing the economic model of these platforms: vocational training actions, right to disconnection, information on a guaranteed minimum fee ... such would be some of the planned social rights » 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: Valid Precontract On Non-Compete – No Right Of Choice For Employee The Federal Labour Court held in a recent judgment that in the event of a valid precontract, the employee does not have a right to choose to comply with the non-compete against payment of the non-compete compensation, if the employer has previously decided against enforcement of the non-compete » Read More

Impending Changes of Legislation: Germany: Less Dismissal Protection For Top Bankers Germany has loosened its very strict requirements on dismissal protection. The new law however only applies to a very small group of employees – top bankers who are Material Risk Takers and have a high remuneration package. For banks, dismissals of top bankers will become easier as they no longer need to fear reinstatement, but instead courts can determine a severance amount » 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: The State Government Of Karnataka Has Extended The Exemption Granted From The Applicability Of The Industrial Employment (Standing Orders) Act, 1946 To Certain Industries The State Government of Karnataka issued a notification on 25 May 2019 (“Notification”) to extend the exemption from the applicability of the Industrial Employment (Standing Orders) Act, 1946 (“Standing Orders Act”) for another period of 5 (five) years for certain industries. The 10 (ten) industries that are exempted from the applicability of the Standing Orders Act are Information Technology industries, IT enabled services industries, startups, animation, gaming, computer graphics, telecom, business process outsourcing industries, knowledge process outsourcing industries and other knowledge based industries (“Exempted Industries”). The exemption will be applicable to entities operating in these Exempted Industries from the date the notification is published in the official gazette » 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

Latest Case Law: Italy: The Latest Court Of Cassation Ruling On Collective Dismissal And Discrimination Against Female Employees The Supreme Court of Cassation recently confirmed the legislative principle according to which - in the context of a collective dismissal procedure - it is not possible to dismiss a percentage of female employees higher than the one existing in the area subject to the reorganisation » 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: License For Parents Who Have Kids Diagnosed With Cancer On 4 June 2019, it was published in the Federal Gazette the “Decree to add several provisions to the Social Security Law, the Social Security and Services Institute for State Employees and the Federal Labour Law” (the “Decree”). The Decree establishes the possibility that the Mexican Social Security Institute ("IMSS" by its acronym in Spanish) grants a license for medical care of children up to 16 years of age who have been diagnosed by the Institute with cancer of any kind. The license is granted when the child requires medical breaks during critical periods of treatment or hospitalisation during medical treatment, including treatment for pain relief and palliative care » 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: New Balanced Labour Market Act: The 9 Major Changes To Dutch Employment Laws Recently the Balanced Labour Market Act has been approved by the Dutch Senate. The Act introduces several important changes to Dutch employment laws. The Act is intended to enter into force as per 1 January 2020 » 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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Poland | A.Sobczyk i Współpracownicy

Impending Changes of Legislation: Poland: Editorial Modifications In The Provisions On Bullying And Unequal Treatment Of Employees May Change A Lot On 25 April 2019, the Lower House of the Polish Parliament (Sejm) voted in favour of passing the amendment to the Polish Labour Code. The act was signed by the President of the Republic of Poland on 3 June 2019 and shall come into force on 7 September 2019. One of the changes introduced by the amendment is the modification of the provisions on bullying and unequal treatment of employees » 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 i Współpracownicy (www.sobczyk.com.pl) at arkadiusz.sobczyk@sobczyk.com.pl.

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Saudi Arabia | Clyde & CO

Impending Changes of Legislation: Saudi Arabia: KSA Ministerial Resolution Number 156563 of 1440H KSA Ministerial Resolution Number 156563 of 1440H on obtaining a certificate of conformity for employing persons with disabilities was implemented on 23 April 2019 » Read More
Saudi Arabia: Privilege Iqama Scheme Cabinet Resolution Number 521 of 1440AH permits the issuance of residence permits to highly-skilled and wealthy foreign nationals without the need for a local sponsor subject to eligibility criteria » 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

Impending Changes of Legislation: Spain: A New Labour Obligation: The Registration Of The Working Day On the 12 March 2019, Royal Decree Law 8/2019 on urgent measures of social protection and fight against job precariousness in the working day was published. This resolution modifies article 34 of the Workers' Statute and incorporates the obligation for companies to elaborate and apply a control on the registration of the working day » 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: An assistant nurse was entitled to damages due to unlawful dismissal Court ruling that the actions of an assistant nurse in a care home had been inappropriate and warranting of criticism, but not proven to constitute legal grounds for summary dismissal, and that her employer was liable to pay SEK 370,000 in damages » 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 ‘Golden Card’ Residency Scheme The scheme is aimed at foreign nationals with exceptional talent or professions in the field of medicine, engineering, science and the arts. Eligible applicants can apply for permanent residency, which will enable them to reside, work, study and sponsor their dependents in the country without the need to have in place a local sponsor. Details of the scheme are yet to be released » 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: Latest EAT Decision On Discrimination Arising Out Of Disability An employer can only be liable for discrimination arising from disability if they knew, or could reasonably be expected to know, that the employee had a disability. But, in a recent case, the EAT said that even if the employer did not know about the employee’s disability at the time of dismissal, they may still be liable for discrimination if they are made aware of the employee's medical condition during the dismissal appeal process » Read More
UK: Shared Parental Leave (SPL) and Sex Discrimination Is it discriminatory to pay men on shared parental leave less than an enhanced rate paid to women on maternity leave? No, says the Court of Appeal » 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.

Impending Changes of Legislation: USA: New DS-160 Form Seeks Social Media Information, Affecting Millions of Visa Applicants As of 1 June 2019, with the introduction of a new DS-160 Form, some of this information will be collected from all visa applicants – affecting approximately 15 million foreign nationals planning to come to the U.S. » 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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