We are pleased to present you with the L&E Global Employment Law Tracker for June 2021, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. 
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ArgentinaAustraliaBelgiumBrazil • Canada • ChileChinaEuropean Union • France • GermanyIndia • Italy • Luxembourg • The NetherlandsNorway • Poland • Qatar • RomaniaRussiaSaudi ArabiaSpainUnited Kingdom • United States

ARGENTINA • Allende & Brea

Argentina: Decree 345/2021 Extends Ban on Dismissals and Furloughs

Decree 345/2021 extends the prohibitions on dismissals and unilateral furloughs until 30 June 2021. It does not however, prevent the parties from entering into a mutual termination agreement to bring an end to the employment relationship. » 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.

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AUSTRALIA • Harmers Workplace Lawyers

Australia: New State Safety Laws Targeting Food Delivery Platforms 

Five food delivery riders died on Australian roads in three months during 2020, and there were more than 70 “serious notifiable injuries” to Uber Eats riders recorded during that year. A Joint Taskforce was established to explore the recent deaths and to identify safety improvements for the industry. On 5 June 2021, the Government announced that it had accepted all 10 recommendations of the Joint Taskforce and would introduce new laws to improve safety outcomes in the food delivery industry, set to be the toughest safety laws in the country. » 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.

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BELGIUM • Van Olmen & Wynant

Belgium: Towards the End of Mandatory Telework

The government is relaxing the telework rules in two steps. The first step went into force on 9 June 2021, when employers were allowed to organise come-back moments for their employees. The second step will take place on 1 July 2021, when (if confirmed by the government, which it is expected to do) telework will cease to be mandatory. » 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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BRAZIL • TozziniFreire Advogados

Brazil: Data Protection Authority Issues Guidelines for Processing Agents and Proposes new Inspection Mechanisms

On 28 May 2021, the Brazilian National Data Protection Authority (ANPD) published a Guideline for the Definition of Processing Agents and the Data Protection Officer and announced the opening of a public consultation on the draft resolution related to the inspection and application of sanctions by ANPD, for a period of 30 days. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Mihoko Sirley Kimura or Gabriela Lima Arantes (Partners of TozziniFreire Advogados) at the emails mkimura@tozzinifreire.com.br or glima@tozzinifreire.com.br, or visit the website Website of TozziniFreire.

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CANADA • Filion Wakely Thorup Angeletti

Canada: The Great Debate over Mandatory Vaccination Policies

As Canada’s vaccine supply steadily increases, and more people gain access to inoculations, it has spurred renewed hope that an end to the pandemic is in sight. Increased vaccine access has also caused many employers to consider afresh the viability of mandatory vaccination policies.  This update answers some of the most pressing questions employers have about COVID-19 vaccinations and the workplace. » Read More
 

Canada: Deemed IDEL - Does it Amount to Constructive Dismissal or Not?

Under the Infectious Disease Emergency Leave Regulation that was enacted under the Employment Standards Act, 2000 in the early stages of the pandemic, employees who experience a temporary reduction in hours of work or wages for reasons relating to COVID-19, are deemed to be on a job-protected Infectious Disease Emergency Leave (“IDEL”). » Read More
 

Canada: Mandatory Masking is Not Discriminatory where Refusal to Wear Mask is Based on Personal Preference

In a number of recent decisions, provincial human rights tribunals have confirmed that complaints of discrimination related to mandatory masking by-laws or policies will not be entertained, unless they are objectively linked to a protected ground. Employers can take comfort in these recent decisions, knowing that human rights protections do not extend to masking objections based solely on personal preference or opinion. » 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: Mandatory Individual Health Insurance

The recently enacted Law No. 21,342 establishes new obligations for employers to guarantee employees a safe return to the workplace. Employers are now required to provide mandatory individual insurance for employees in the private sector who are performing their work in person, in whole or in part, that will cover the employee’s hospitalisation and rehabilitation expenses associated with the COVID-19 virus. Those employees who have agreed to work exclusively under remote work or teleworking modalities, are excluded from this obligation. » 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: Illegal Employment with Foreign Employee was found due to Failure to Obtain new Work Permit

The Beijing Court held that if the foreign employee changed employers in China, without filing the necessary paperwork to modify the information registered in the work permit or obtaining a new work permit, the foreign employee’s working at the new employer shall be deemed as illegal employment. » Read More
 

China Passes the PRC Data Security Law to Improve Data Regulation

The Standing Committee of the 13th National People’s Congress passed the PRC Data Security Law, which lays the foundation and framework for establishing the requisite systems on data regulation in China. The PRC Data Security Law will come into effect as of 1 September 2021. » 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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EUROPEAN UNION • Van Olmen & Wynant

EU: Fundamental Rights in the ECHR vs. EU Economic Freedoms

The European Court of Human Rights issued its recent ruling regarding a possible violation of the right to take collective action under Art. 11 ECHR, in which it clarified that Member States should avoid trying to balance the fundamental rights of the ECHR against the economic freedoms of the EU (and the EEA). The Court also awards a wide margin of appreciation to the national courts in judging whether a restriction of the right to collective action is lawful or not. » 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: Paris Court Grants Employment Rights to Uber Driver

A recent court ruling confirms that Uber and other platform drivers may be deemed, employees when the elements of a subordinate relationship are present. In this case, the driver was granted employment rights and monetary damages. » Read More
 

France: Government Issues New Safety Protocol for Businesses

As the COVID-19 health crisis subsides in France, the government has issued an updated version of the health protocol for businesses. This document sets out guidelines for maintaining health and safety, while allowing for a progressive return to on-site work. » 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: No Changes (yet) to the Burden of Proof in Overtime Proceedings

The Lower Saxony regional labour court recently overturned a controversial ruling from the local labour court in Emden and clarified that the existing principles developed by the Federal Labour Court regarding the burden of proof in overtime proceedings, continue to apply for the time being. Despite the EJC ruling from 2019 on the recording of working time, there is still no legal obligation for German employers to record all working hours of their employees – necessary changes to this principle considering the EJC ruling are a matter for the legislator and not the labour courts. » Read More
 

Germany: Works Council brings Claim Against Employer for Video Conferencing Equipment

Works council meetings can be held as video conferences since the beginning of the Coronavirus pandemic. As a recent court ruling shows, employers can be obligated to provide appropriate equipment to their works council for such purposes (e.g., software licenses, headsets, video cameras and smartphones). » 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: Government to Encourage the practice of Work from Home for Nursing Mothers

The Central Government of India issued an advisory on 1 June 2021 to all State Governments and Union Territories, to encourage the practice of work-from-home for nursing mothers to protect them from COVID-19. » 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: New Decree Approves Emergency Measures to Facilitate Economic Recovery

On 25 May 2021, the so-called "Sostegni-bis" decree entered into force. This decree introduces urgent measures to support businesses and economic operators and strengthen new employment or re-employment, in connection with the COVID-19 emergency. » 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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LUXEMBOURG • KLEYR | GRASSO

Luxembourg: New Collective Bargaining Agreement for Bank Employees 2021-2023

The new collective labour agreement for bank employees, which was signed on 10 June 2021, contains various changes related to, in particular, work-life balance and social issues, including the right to disconnect and measures on telework, as well an increase in wages. The CBA has entered into force retroactively as of 1 January 2021. » 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 Website of KLEYR | GRASSO.

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THE NETHERLANDS • Palthe Oberman

Netherlands: Will the Study Costs Clause No Longer be Allowed?

1 August 2022 is the deadline for the Netherlands to have implemented the European Directive on transparent and predictable terms of employment. The directive includes an improved information obligation of the employer and new minimum rights for the employee. An important result of the directive is an adjustment of the current training obligation of the employer and the effect it will have on the study costs clause. » Read More

Netherlands: The Act on Management and Supervision of Legal Entities enters into Force

As of 1 July 2021, the “Act on Management and Supervision of Legal Entities” will enter into force. This means that the rules governing the management and supervision of associations, foundations, cooperative associations and mutual benefit organisations will change. For these entities, the law will provide more clarity on the duties and responsibilities of managing and supervisory directors. For the director of a foundation, the preventive dismissal test will also lapse. » Read More

Netherlands: SER-advisory Report on the Labour Market

In the advisory report of 2 June 2021, the Social and Economic Council announced its recommendations for the Dutch labour market; incl. proposals to reduce flexible employment relationships and to make use of the open-ended employment contract more attractive for employers. The report aims to increase the security of work and income, make the economy more flexible and create more equality of opportunity. » Read More

Netherlands: Can a Fixed-term Employment Contract be Terminated Prematurely?

In principle, a fixed-term employment agreement cannot be terminated before the end of the contract, by either the employer or the employee. The contract ends by operation of law after the agreed period. Only if an interim termination clause has been agreed upon, will premature termination be possible. In this article, we will discuss the termination of a fixed-term employment contract with and without an interim termination clause. » Read More

Netherlands: Recent Judgment on Transfer of Undertaking without the Takeover of Aircrafts by KLM

In the event of a transfer of undertaking, the transfer of the material (in this case, aircraft) must be regarded as the most important element. » 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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NORWAY • Storeng, Beck & Due Lund: SBDL

Norway: Collective Bargaining Provisions have become part of the Employee's Individual Salary Conditions

The Norwegian Supreme Court recently decided that employees may be entitled to retain individual salary increases pursuant to a former collective bargaining agreement, even when a new collective bargaining agreement, which does not contain the same provision, is applicable and the former has expired. » Read More

For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Kari Andersen (Partner) of Storeng, Beck & Due Lund: SBDL at kari.andersen@sbdl.no or visit Website of Storeng, Beck & Due Lund.

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POLAND • Sobczyk & Partners Law Firm

Poland: Government announces ‘New Deal’ for Working Parents

At the end of May, the government announced its latest strategy for economic recovery following the COVID-19 crisis, the so-called ‘New Deal’. The ‘New Deal’ includes a number of reforms in labour law, most significantly in the area of contributions, taxes and public fees. Apart from that, the ‘New Deal’ includes facilitations for working parents, particularly in the area of flexible work. » 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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QATAR • Clyde & Co

Qatar: 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) with COVID-19 restrictions lifted, employers are now able to return to the office at 80% capacity; and ii) the government has launched an online platform to facilitate the filing of labour complaints by employees. » 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 Website of Clyde & Co.

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ROMANIA • Magda Volonciu & Asociatii

Romania: 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) new rules on using electronic signatures for employment documents; and ii) the government reduces the number of mandatory employment documents needed for small companies. » 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 Website of Magda Volonciu & Asociatii.

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RUSSIA • Pepeliaev Group

Russia: Mandatory Vaccination Against COVID-19 in Russia: the New Reality

Several Russian regions have made COVID-19 vaccinations compulsory for specific spheres of the economy. The Republic of Sakha (Yakutia) in the Far East, was the first region to introduce this campaign, announcing a mandatory vaccination policy for not less than 70% of the population, giving priority to nationals over the age of 65. Furthermore, companies were made responsible for ensuring the vaccination of their employees. » Read More

Russia: Foreign Nationals May Now Stay Longer in Russia

In accordance with the latest Presidential Decree, as from 16 June 2021 the term of visas, migration cards and several temporary stay permits will be extended. The extension will be valid for 90 days after transportation is resumed with the respective country. » 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: 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) new COVID-19 workplace vaccination requirements will enter into force on 1 August 2021; and ii) the government has launched its revised Saudisation manual (Nitaqat). » 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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SPAIN • Suárez de Vivero

Spain: Alteration of Job Modality ruled a Substantial Modification that Exceeds the Company's Capacities

The alteration of the job modality imposed by the company on an employee from telecommuting to face-to-face work is considered of a substantial nature, according to the criteria applied by the Superior Court of Justice of Catalonia. » 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 Website of Suárez de Vivero.

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UNITED KINGDOM • Clyde & Co

UK: Discrimination - Philosophical Belief

In a decision which has generated strong feelings on each side of the transgender debate, the Employment Appeal Tribunal has found that a belief that sex is immutable is a protected philosophical belief. » Read More

UK: COVID-19 - Refusal to go to Work

An Employment Tribunal considered whether an employee was protected from dismissal for refusing to come into work on health and safety grounds because of expressing concerns about commuting and attending the office during lockdown. » Read More

UK: Health and Safety Duties - Automatic Unfair Dismissal

The Employment Appeal Tribunal has ruled that an employee was automatically unfairly dismissed when he was dismissed for causing 'upset' and 'friction' among colleagues when implementing a new safety procedure requested by his employer. » Read More

UK: Equality and Diversity - Government Response to Recommendations on Gendered Economic Impact of the Pandemic

The government has published its response to the Women and Equalities Committee report on the gendered economic impact of COVID-19. That report found that government policies had consistently overlooked women's caring responsibilities and the employment inequalities experienced by them and made wide-ranging recommendations. » 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: Supreme Court Adopts Narrow Interpretation of Computer Fraud and Abuse Act

In a landmark decision, the U.S. Supreme Court has ruled that the Computer Fraud and Abuse Act does not prohibit improper use of computer information to which an individual has authorised access. Rather, the law prohibits obtaining information from areas of a computer, such as files, folders, or databases, that are outside the limits of the individual’s authorised access. » Read More

USA: EEOC Updates Its Guidance on Vaccine Mandates, Incentives, Confidentiality

In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics. » Read More

USA: Biden Administration Issues Cybersecurity Executive Order

The Biden Administration has issued the much anticipated “Improving the Nation’s Cybersecurity” Executive Order, setting certain standards and requirements to prevent cyberattacks for government agencies, federal contractors, and others. » 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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