We are pleased to present you with the L&E Global Employment Law Tracker for June 2020, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends.
L&E Global, together with our member firms, are closely monitoring the Coronavirus (COVID-19) crisis for the latest workplace law developments, in order to respond effectively to the needs of our clients and to help see them through this unprecedented threat to the global economy.
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ArgentinaAustraliaBelgiumCanadaChileChinaEuropean UnionFranceGermanyIndiaItalyLuxembourgMexicoThe NetherlandsPolandPortugalQatarRomaniaSaudi ArabiaSpainSwedenUnited Arab EmiratesUnited KingdomUnited States

ARGENTINA • Allende & Brea

Employee Dismissed for Cause during COVID-19 Crisis Reinstated

Labour Court declared null the dismissal of an employee who was dismissed with good cause, and ordered both the reinstatement of the employee to his job and payment of pending wages since the dismissal took place, as it violated the temporary prohibition on dismissals. » 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 ng@allendebrea.com.ar or visit www.allendebrea.com.

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AUSTRALIA • Harmers Workplace Lawyers

WHS, Performance Management and Termination Considerations in the Context of Long Term Remote Working

The Federal Government has, at least for now, recommended that those workers who are able to work from home continue to do so. With many employees continuing to work from home for at least the short to medium term in light of the continuing risks of COVID-19 and the potential for a ‘second wave’ of increased infections, employers need to remain vigilant in respect to their continuing obligations to workers notwithstanding that they are working from home, and must consider the new and unique workplace challenges that arise as a consequence of employees spending many months away from the physical office. » 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 www.harmers.com.au.

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BELGIUM • Van Olmen & Wynant

Legislator approves assimilation of periods of Absence for the Extension of Maternity Leave

The legislator equates, among others, periods of temporary unemployment and incapacity for work with time worked for the granting of post-natal maternity leave of up to 15 weeks. In this way, pregnant workers are no longer disadvantaged by absences that occur outside their control. » 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 www.vow.be.

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CANADA • Filion Wakely Thorup Angeletti

Regional Approach to Reopening in Ontario (Stage 2)

In a recent decision, the Ontario Superior Court of Justice held that the defendant bank breached the overtime obligations prescribed by federal labour law, as it failed to properly record actual hours worked and made overtime compensation contingent on pre-approval. This decision underscores the importance of ensuring that hours of work are properly recorded, and that overtime is paid in accordance with the applicable statutory requirements. » 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 www.filion.on.ca.

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CHILE • Cariola Díez Pérez-Cotapos

Interpretation of COVID-19 Employment Protection Laws

The Department of Labour recently issued a Statement, establishing that it is legally appropriate that during periods of suspension of employment contracts, either because of a mandatory quarantine or by temporary suspension agreements, the employer provides benefits to the suspended employees, in order to contribute to supplementing the amounts not covered by the Unemployment Insurance. » 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 www.cariola.cl

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CHINA • Zhong Lun Law Firm

Wrongful Termination for Absenteeism Relating to Trans-gender Surgery

The employee had a trans-gender surgery performed and took sick leave after the surgery. The employer considered that the employee failed to apply for sick leave in advance and provided medical records with flaws. As a result, the employer terminated the employment due to absenteeism. The Beijing Court however, ruled that the termination was wrongful and thus the employee shall be reinstated. » Read More

National People’s Congress Voted to Pass China’s First Civil Code

China’s first Civil Code has been passed during the third session of the 13th National People’s Congress on 28 May 2020. The Civil Code conforms compliance of civil laws and regulations, which have been scattered among different legal documents and is expected to further refine the Chinese legal system, particularly with regards to the rules of conduct in China’s civil and commercial areas. » 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 www.zhonglun.com.

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EUROPEAN UNION • Van Olmen & Wynant

Commission continues work on Instrument for Fair Minimum Wages

The EU Commission concluded the first stage of consultation with the social partners and has now launched a second stage, regarding the introduction of an instrument for decent minimum wages. Options for a directive and a (soft law) Council recommendation are both on the table. » 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 www.vow.be.

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FRANCE • Flichy Grangé Avocats

Employer’s Neutrality Obligation in Professional Elections

An employer who does not allow equal access to the means of election propaganda between trade unions is in violation of its obligation of neutrality, which is sufficient to justify the annulment of the elections. » Read More

Creation of the “Reduced Activity for Job Preservation" System

A bill provides for a new, "Reduced Activity for Job Preservation" system that will enable companies to reduce working hours, while maintaining a certain percentage of the employee's remuneration for hours off work, and be reimbursed by the State in exchange for a commitment to maintain employment. » 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 www.flichygrange.com.

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GERMANY • Pusch Wahlig Workplace Law

COVID-19 Update on Latest Government Measures

The German government has taken a number of new measures aimed at mitigating the effects of the COVID-19 on the economy and the employment market. » Read More

Employer can be liable for financial damages caused to an employee due to delayed payment of salaries

If an employer pays the employee’s salary later than contractually agreed, and the employee receives a lower parental allowance from the state as a result of this delay, the employer can be held liable for the differential amount. » 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 www.pwwl.de.

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INDIA • IndusLaw

Order obliging Employers to Pay Wages during COVID-19 Lockdown is Withdrawn

While the Central Government of India has withdrawn its order (with effect from 18 May 2020) wherein all employers were directed to pay wages to employees on time and without any deduction, this order has been challenged before the Supreme Court of India, wherein the Supreme Court has directed employers to negotiate terms and enter into a settlement with its employees with respect to payment of wages during the lockdown period. The final order is likely to be passed by the Supreme Court of India in July 2020. » 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 www.induslaw.com.

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ITALY • LabLaw

The so called “Relaunch Decree”

New decree sets out urgent measures concerning health, support for work and the economy, as well as social policies connected to the COVID-19 emergency in Italy. » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Luca Failla (Partner) of LabLaw at l.failla@lablaw.com or visit www.lablaw.com.

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LUXEMBOURG • Kleyr | Grasso

New Law provides clear Distinction between Mandatory and Practical Traineeships

The Law of 4 June 2020 distinguishes between mandatory traineeships provided by a Luxembourg or foreign educational establishment, and practical traineeships undertaken in order to acquire professional experience. It also indicates the common provisions for both types of traineeships. » Read More

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

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MEXICO • De La Vega & Martinez Rojas S.C.

Implementation of Teleworking as a result of COVID-19

In order to protect employees from the coronavirus (COVID-19) pandemic, the Ministry of Labour and Social Welfare issued guidelines to implement telework, which recommends certain measures that should be taken into consideration for the performance of employees’ regular activities under this method, and for as long as possible. » Read More

For more information on these articles or any other issues involving labour and employment matters in Mexico, please contact Oscar De La Vega (Partner) of De La Vega & Martinez Rojas S.C. at ODelaVega@dlvmr.com.mx or visit www.dlvmr.com.mx.

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THE NETHERLANDS • Palthe Oberman

Summary of Recent Labour and Employment Law Developments

In the past month, there have been several labour and employment law developments, chief among them: i) additional birth leave for partners; ii) deadline of 1 July 2020 to establish low unemployment insurance premium for an indefinite period; and iii) extension of the COVID-19 temporary Emergency Fund Bridging Employment. » 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 www.paltheoberman.nl.

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POLAND • Sobczyk & Partners Law Firm

Personal Data Protection Authority weighs in on Body Temperature Checks in the Workplace

In Poland, as in many other European countries, employers do their best to ensure the safety of employees at work and to prevent the spread of COVID-19. Checking the body temperature of an employee entering the company’s premises is a popular solution, especially at large production facilities, where the complete avoidance of contact among workers is impossible. However, the official interpretation of the Polish Personal Data Protection Authority does not seem to support, let alone affirm, the lawfulness of this measure. » 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 www.sobczyk.com.pl.

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PORTUGAL • Morais Leitão

Teleworking: A Fortuitous Event or the Future?

Perhaps the time has come for Labour Law to modernise and be based on, or at least to consent to, different parameters for carrying out and evaluating work. The mandatory recourse to teleworking during the recent COVID-19 pandemic drew attention to a figure hitherto relatively ignored. Where provision of work in the workplace was the rule, as a result of forced confinement workers and families had to learn to organise differently, and together, at home. » Read More

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

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QATAR • Clyde & Co

Working Hours for Commercial Activities Announced for Employees Attending the Workplace

New Circular stipulates that employees attending the workplace, are only permitted to work between the hours of 7am to 8pm from Sunday to Thursday. » Read More

For more information on these articles or any other issues involving labour and employment matters in Qatar, please contact Sara Khoja (Partner) of Clyde & Co at sara.khoja@clydeco.ae or visit www.clydeco.com.

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ROMANIA • Magda Volonciu & Asociatii

The State of Alert declared in May now extended until July 2020

The State of Alert replaced the State of Emergency in Romania on 15 May 2020. On 16 June, the State of Alert was extended for an additional 30 days. During the State of Alert period some restrictions regarding operating businesses remain in place. » Read More

For more information on these articles or any other issues involving labour and employment matters in Romania, please contact Magda Volonciu (Partner) of Magda Volonciu & Asociatii at magdavolonciu@volonciu.ro or visit www.volonciu.ro.

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SAUDI ARABIA • Clyde & Co

COVID-19 Guidelines Issued for Those Wishing to Return to Work

The Ministry of Human Resources and Social Development (MHRSD) has issued guidelines for those wishing to return to work. The guidelines do not have an effective date. » 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 www.clydeco.com.

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SPAIN • Suárez de Vivero

Subsistence Income

The Spanish Royal Decree Law 20/2020 of 29 May 2020, granted a subsistence benefit called “Ingreso Mínimo Vital” (IMV) as an income aimed at preventing the risk of poverty and social exclusion of people living alone or included in a dwelling unit, when they are in a situation of vulnerability, because of the lack of sufficient economic resources to cover their basic needs. » Read More

For more information on these articles or any other issues involving labour and employment matters in Spain, please contact Iván Suárez (Partner) of Suárez de Vivero at isuarez@suarezdevivero.com or visit www.suarezdevivero.com.

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SWEDEN • Cederquist

Dismissal of Employee for Driving Illegally at His Workplace Deemed Lawful Despite Possible Alcoholism

An employee in the industry sector had, for a long period of time, deliberately driven vehicles without a driver's license in the employer's industrial area. The Labour Court ruled that the employer's dismissal of the employee was lawful, as the employee's possible alcoholism was not considered to have caused the behaviour relevant to the dismissal. » Read More

Proposed Changes to Employment Protection Act

A possibility for all employers to exempt five employees from the priority rules and thereby from termination of their employment due to redundancy, and a requirement for all employers to offer competence development to their employees are some of the most notable changes presented. » Read More

For more information on these articles or any other issues involving labour and employment matters in Sweden, please contact Robert Stromberg (Partner) of Cederquist at robert.stromberg@cederquist.se or visit www.cederquist.se.

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UNITED ARAB EMIRATES • Clyde & Co

Abu Dhabi Travel Bank introduces new COVID-19 measures

Abu Dhabi relaxes 24 hour curfew. » Read More

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 at Rebecca.Ford@clydeco.ae or visit www.clydeco.com.

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UNITED KINGDOM • Clyde & Co

Settlement agreements: breach of confidentiality clause

The High Court in the UK has ruled that breaching a generic confidentiality clause in a COT3 settlement agreement did not bring an end to the agreement. » Read More

Constructive dismissal: innocuous "last straw"

If the "last straw" (i.e. the final event that leads to the employee resigning) is innocuous, can the employee still succeed in a constructive unfair dismissal claim? Yes says the Employment Appeal Tribunal - even if the "last straw" is innocuous, the employee may be able to rely on an earlier fundamental breach by employer to succeed in a constructive dismissal claim. » Read More

TUPE: Contractual variation by reason of a transfer

The Employment Appeal Tribunal (EAT) has ruled that if the sole or principal reason for a change to an employment contract is a TUPE transfer then that change is void - even where it is beneficial to employees. » Read More

COVID-19: the future of the UK Coronavirus Job Retention Scheme

The UK government has published guidance on the more flexible form of its Coronavirus Job Retention Scheme (designed to support employers to pay the salaries of those employees who take a temporary leave of absence because of the difficulties their employer is facing due to COVID-19) that will start from 1 July 2020. » 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 www.clydeco.com.

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UNITED STATES • Jackson Lewis

Supreme Court: Title VII Protects LGTBQ+ Employees

The U.S. Supreme Court has held that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. » Read More

More Changes to Paycheck Protection Programme

The Paycheck Protection Program Flexibility Act of 2020 (PPPFA) has been amended, providing a number of helpful changes useful to businesses (such as restaurants) that have had to remain shuttered because of the COVID-19 pandemic. » Read More

Department of Education Amended Title IX Regulations

Final regulations (released on 19 May 2020) with respect to sexual harassment will go into effect on 14 August 2020. » 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 www.jacksonlewis.com.

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