Employment Law Tracker

 

Filion Wakely Thorup Angeletti and L&E Global are pleased to present you with the most recent employment law updates, webinars & international events for March 2019.


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Argentina | Australia | Belgium | Canada | Chile | China | France | Germany | India | Mexico | The Netherlands | Norway | Poland | Saudi Arabia | Spain | Sweden | United States |


Argentina | Allende & Brea

Latest Case Law: Argentina: Hiring less than 30% of female employees is considered discrimination by Labor Courts in Argentina The case law from a recent decision shows that the Labor Courts in Argentina understand that even when there is no specific law in this respect, in order for employers not to discriminate against women, female employees should make up at least 30% of their workforce. The Labor Court also ordered the company to pass a hiring policy by which it guarantees equal access and opportunities for being hired as bus drivers » 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: Fashion start-up fined $274,000 for employee and “intern” underpayments, failing to comply with regulatory investigation A fashion start-up company has been fined $274,278, with an additional penalty of $54,855 personally imposed on the company’s managing director for failing to pay three employees their proper Award rates and for failing to comply with an investigation of the Fair Work Ombudsman » Read More
Australia: Company directors held to be personally liable as accessories to corporate respondents’ underpayment of employees in the Federal Circuit Court of Australia The Federal Circuit Court of Australia recently ruled that two company directors were personally liable as accessories to the corporate respondents’ contraventions because they were "involved", within the meaning of section 550 of the Fair Work Act 2009 (Cth) (FW Act), in the underpayment of employees. The two directors were "involved" because, despite the fact that they relied on others to perform day to day human resources functions, they knew the employees were not being paid their wages or salaries as they should have been. The question of penalties payable by the two directors is yet to be determined. This decision serves as a timely reminder of the potential personal liability that managers can face with contraventions to Australia's workplace relations laws » 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

Latest Case Law: Belgium: The Mobility Budget In order to diminish the number of company cars and the resulting congestion and exhaust emissions, the Belgian government introduced the cash-for-car system in 2018. On March 1, 2019 a second option entered into force to promote alternative ways of mobility: the mobility budget » 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: Ontario Pay Transparency Update Bill 57, Restoring Trust, Transparency and Accountability Act, 2018, which received Royal Assent at the end of 2018, halted the coming into force of the Pay Transparency Act, 2018. As a result, at this time the Pay Transparency Act, 2018 is not in force. The Pay Transparency Act, 2018 will not be in force until and unless proclaimed by the Lieutenant Governor. It is currently unclear when or whether the Pay Transparency Act, 2018 will be proclaimed » Read More

Other Observations: Canada: Workers’ Compensation Benefits May Now Cover Medical Cannabis in Ontario On March 1, 2019, the Ontario Workplace Safety and Insurance Board implemented Operational Policy Manual Document No. 17-01-10, “Cannabis for Medical Purposes”. Under this policy, workers’ compensation benefits may cover reasonable costs of medical cannabis or vaporizers purchased for work-related injuries/illnesses » 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

Impending Changes of Legislation: Chile: Special legal framework for specific task employments In November 2018, certain changes were introduced to employment agreements executed for a special job or task. Under such agreements, the employee undertakes to execute a specific and determined job or work (either material or intellectual). Therefore, its validity is limited to the work itself » Read More
Chile: Employees with disabilities minimum quota In 2018, Law No. 21,015 came into effect. Under it, any company that has 100 or more employees has to hire or keep hired, within the total of its employees, at least 1% of employees (i) with disabilities, or; (ii) assignees of an invalidity pension, regardless of the pension system (hereinafter "people with disabilities”). This quota is determined on a yearly basis and informed annually to the Department of Labor » 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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China | Zhong Lun Law Firm

Latest Case Law: China: The agreed scope of non-competition is held valid even if it is broader than Employer’s registered business scope The employer and the employee entered into a non-competition contract and agreed on the scope of non-competition, which is broader than the employer’s registered business scope. The Court determined the validity of the said non-competition scope and held the employee liable for violating the same » Read More

Other Observations: China’s new regulation on protection of female employees’ rights during recruitment was released Nine departments in China together issued the Notice on Further Standardizing Recruitment to Promote the Employment of Females and purported to better protect female employees’ legitimate interests during recruitment. » 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: When a settlement agreement is drafted in general terms, its scope is not limited to the sole original point of contention. The employee may not claim at a later stage for indemnification of potential rights When the employee signs a settlement agreement that includes a general waiver of claims on all legal action concerning the performance or termination of the employment contract, the employee is prohibited from later introducing a claim for indemnification on rights both future and current. Therefore, in the case of an employee terminated for economic reasons, he cannot later ask for indemnification pertaining to a redeployment obligation, rehiring priority, or the duties resulting from the employment protection plan » Read More

Impending Changes of Legislation: France: The final European directive on seconded workers is transposed into French law and will apply as of July 30, 2020 Ensure better pay equity between seconded employees and employees in the host country, apply French labor law more widely beyond a certain period of secondment and clarify the information obligations of companies hosting posted temporary workers. These are the measures resulting from an order of February 20 to transpose the posted workers directive of 2018 » 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: An employee’s entitlement to paid annual leave only expires at the end of the calendar year, if the employer has previously informed the employee of his specific holiday entitlement and the expiry periods, and the employee has still voluntarily not taken the holiday The entitlement to paid annual leave generally lapses at the end of the respective calendar year. However, according to the latest ruling of the Federal Labor Court, the employer has to inform the employee about his paid annual leave entitlement and the expiry period in detail. Only when the employer has fulfilled his obligations and the employee has still voluntarily not taken the leave he is entitled to, will the outstanding leave entitlements lapse » Read More
Germany: A hospital, which has institutional ties with the Catholic Church, may not dismiss its Catholic head physician due to his remarriage A hospital, which has institutional ties with the Catholic Church, terminated the employment of its head physician, because he got married for a second time, which is not in line with Catholic ideals. The Federal Labor Court considered the termination invalid, as it disadvantaged the employee because of his religious affiliation. The Court did not consider the requirement to behave faithfully and genuinely according to Catholic ideals, necessary in regard to the employee’s profession » Read More
Germany: Employee has no right of revocation regarding a termination agreement concluded at his private residence A termination agreement, which has been concluded at the employee’s private residence, is not subject to revocation under German Civil Law. However, a termination agreement can be considered ineffective if it has been concluded in disregard of the principle of fair negotiating » 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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India | IndusLaw

Latest Case Law: India: The Supreme Court of India re-affirms that special allowance falls within the definition of basic wages in the context of provident fund calculation On February 28, 2019, the Supreme Court of India passed a judgement clarifying the nature of allowances to be included within the ambit of ‘basic wages’ for the purpose of calculating provident fund contribution, under the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the associated schemes » 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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Mexico | De La Vega & Martinez Rojas S.C.

Impending Changes of Legislation: Mexico: The Mexican Chamber of Deputies and advisors from employers’ organizations, union organizations and State representatives met to propose an amendment to Mexican Labor Legislation In response to the obligations assumed by Mexico in relation to the signing and ratification of different international agreements, the Mexican Government is currently working on a Bill to amend the Federal Labor Law that will be submitted to the Federal Congress for its discussion and approval. It is important to point out that, as part of Chapter 23 of the USMCA regarding the labor obligations to be fulfilled by the States Parties, it was included in a specific Annex A for Mexico, in terms of which the Mexican government assumed various obligations, one of them to amend the current labor legislation » Read More
Mexico: Mexican Social Security Institute will launch on March 31 a pilot program to enroll domestic workers German Martinez, CEO of the Mexican Social Security Institute (“IMSS” for its acronym in Spanish) announced the launch of a pilot program to enroll domestic workers. The IMSS issued an opinion representing that Convention 198 of the International Labor Organization is necessary to have a fair labor environment for all kinds of workers » 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

Other Observations: The Netherlands: Brexit and the consequences for employers and employees working in the Netherlands On March 30, 2019 the United Kingdom (UK) will in all likelihood no longer be part of the EU. In this article we will discuss a number of significant Brexit consequences for employers and employees. The focus will be on the right of British citizens to reside and work in the Netherlands » 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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Norway | Storeng, Beck & Due Lund (SBDL)

Latest Case Law: Norway: Disagreement over the significance of seniority in downsizing after new Supreme Court ruling A large construction company lost a downsizing-case in the Supreme Court. However, both the employer- and employee-sides cannot seem to agree on the grounds for the decision » 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: Conflicting interpretations by Polish state authorities regarding the period of storage of personal data of job candidates By the end of January 2019, the Polish Ministry of Digitalization issued an opinion, which stated that in most cases it is justified and permissible to store personal data of candidates after the end of recruitment process. However, the Ministry’s opinion is contrary to the Polish Office of Personal Data Protection’s statement published in the handbook ‘Protection of personal data at the workplace guide for employers’ » 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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Saudi Arabia | Clyde & Co

Impending Changes of Legislation: Saudi Arabia: Minister of Labor and Social Development Resolution No. (70273) of 1440H, issuing the executive regulations of the Labor Law and its annexes The new law repeals Executive Regulations promulgated by Ministerial Resolution No. (1982) dated 28/06/1437 AH, as amended. The new regulations came into effect on January 11, 2019 » 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: News on Equality Plans Regulation Until now, only companies with more than 250 employees were required to elaborate Equality Plans. After the entry into force of Royal Decree-Law 6/2019, the regulation has been modified in order to extend the obligation to elaborate equality plans to companies with more than 50 employees » 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: Court ruling that a managing director who resigned had to observe a reasonable notice period of six months, during which the managing director was prohibited to compete with the employer An accounting firm filed an interim injunction that its managing director was obliged to observe a notice period of six months, as to prohibit the managing director to compete with the accounting firm following his resignation. While no agreement between the parties provided for a specific notice period, the Labour Court deemed it reasonable that the managing director should observe a notice period of six months » 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: Citizenship for Sale – US Plans to Amend EB-5 Regulations The US Congress has concerns about fraud and abuse of the so-called “golden visa” EB-5 green card program. Amendments to the regulations are expected soon just as Europe investigates its own “golden visa” programs » 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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