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 May 2019.


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Australia | Belgium | Chile | European Union | France | Germany | India | Italy | Mexico | The Netherlands | Poland | Romania | Spain | United Arab Emirates | United Kingdom | United States |


Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: “Unlawful” and “unreasonable” to direct employee to submit to fingerprint scanner: Full Bench of the Fair Work Commission The Full Bench of the Fair Work Commission has ruled that a casual general factory hand employed by a sawmill operator had been unfairly dismissed, finding that the sawmill operator had unlawfully and unreasonably directed the factory hand to consent to submit to fingerprint scanning, which would have monitored and tracked his attendance at the worksite » Read More

Impending Changes of Legislation: Australia: New licensing arrangements for labour-hire providers On April 29, 2019, the Labour Hire Licensing Act 2018 (“the Act”) came into effect. From this date onwards, labour-hire providers will have a six-month transition period to apply for a licence under the Act’s Labour Hire Licensing Scheme (“Scheme”). From October 30, 2019 onwards, substantial penalties will apply to labour hire providers who do not have a licence or a licence application pending and to businesses that use unlicensed providers » Read More

Upcoming International Events: Webinar: The legal quandary of the intern – know your obligations – Date: Wednesday, July 24, 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: Lessons In Accessories – Could You Be An Accessory To A Claim? – Date: Wednesday, June 12, 2019 – 1 p.m. to 1:30 p.m. AEST Do you provide employment/HR or payroll-related advice and assistance for a business operating in Australia? If so, you can be held personally liable for breaches of Australia’s Fair Work laws as an ‘accessory’. The Fair Work Ombudsman (FWO) is now actively targeting business advisors, and the risks for you have never been greater » 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

Impending Changes of Legislation: Belgium: Act on Social Elections for 2020 Every four years the Belgian companies of the private sector hold social elections for the worker representatives in the works council and the health and safety committee. The Act of April 4, 2020 has amended the general Act on social elections of 2007 in order to introduce some novelties for the upcoming elections of 2020 » 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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Chile | Cariola Díez Pérez-Cotapos

Impending Changes of Legislation: Chile: New law spotlights flexible working-time The Chilean Government is preparing a bill of law providing for more flexibility as regards working-time schedules and shifts » 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

Impending Changes of Legislation: European Union: Revision of Regulation 883/2004 on the coordination of social security postponed to the next legislature Regulation 883/2004 is the most important legal instrument of the EU with regard to social security. It lays down the coordination rules between the member states in order to i.e. prevent posted workers to be covered by more than one social security system. The envisaged revision of this instrument has however, been blocked by the Council and subsequently postponed by the European Parliament » Read More

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France | Flichy Grangé Avocats

Latest Case Law: France: Differences in treatment between employees set out in a collective agreement are no longer presumed justified The French Supreme Court has refused to deduce a general presumption of justification for all the differences of treatment provided for by a collective agreement, on the basis of European Union law. The Court thus considered that a difference of treatment based on the date of presence of the employees on the site was not presumed justified, even if this difference was set out in a collective agreement » Read More

Impending Changes of Legislation: France: The new procedures for recognition of a workplace accident or an occupational disease are implemented as of December 1, 2019 A new decree amends the procedure for the recognition of workplace/work related accidents and occupational diseases covered by the general scheme. The new procedure, applicable to accidents and occupational diseases declared from December 1, 2019, frames the formulation of reservations by the employer, and places the investigation phase of the files within a specific deadline » 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: Abusive avoidance of law on fixed-term employment by actually and legally affiliated employers An employer who was actually and legally affiliated with another employer concluded a fixed-term employment contract, with an employee who was previously already employed by the affiliated employer on a fixed-term employment contract. Due to this previous employment, another fixed-term contract with the same employer would have violated the German law on fixed-term employment. The employer’s attempt to circumvent this legal situation was found to be unlawful » Read More
Germany: The employee’s participation in a yoga course can constitute educational leave that justifies paid absence from the workplace Under certain circumstances, participating in a yoga course that aims at increasing the employee’s resilience in the working life, justifies the granting of educational leave. Hence, the employer can be obliged to grant the employee paid leave of up to five working days for such yoga course » Read More
Germany: European Court of Justice ruled that employers in the European Union must implement a system to record the daily working time of their employees According to a new ruling by the European Court of Justice on May 14, 2019, the EU Member States must require employers to set up a system through which the time worked each day, by each employee, is to be recorded, in order to ensure that the national labour laws regarding working time are complied with. A lawsuit in Spain against Deutsche Bank was the basis for this decision, but it has European-wide implications and is, therefore, also significant for Germany » 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

Impending Changes of Legislation: India: The Government of Gujarat has enacted the new Gujarat Shops and Establishment Act, 2019 (“New S&E Act”), which has come into force from May 1, 2019 On and from the effective date of May 1, 2019, the existing Gujarat Shops and Establishment Act, 1948 (“Old S&E Act”) stands repealed. The shops and establishment act is a state specific legislation, which regulates the operation of shops and commercial establishments in a state and the working conditions of workmen employed therein » 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: First legislative provisions regarding “riders” of the “gig economy” arrive from Region Lazio The wide case law debate concerning the qualification of “riders” type of work » Read More

Upcoming International Events: LABLAW (with Luca Failla) and Flichy Grangé Avocats (with Olivier Kress) will be sponsor of the Gala Dinner 2019 of the CCI France Italie - Chamber of Commerce: a great example of a sinergical business development & communication action between two law firms of the Alliance The event will be held in Milan on June 11, 2019 at the wonderful Palazzo del Ghiaccio (“Ice Palace”) and it will be also the opportunity to highlight, together with H.E. Christian Masset, Ambassador of France in Italy, the very sensitive topic of corporate social responsibility: the company engagement and the development of a daily more increasingly ethical and sustainable economy that cares not only about economic issues but also of human, social and environmental aspects: today an essential aspect the must be considered. This is the 16th edition of the Gala and it will recall the participation of more than 350 entrepreneurs of the French-Italian Economic Community and the presence of many institutional personalities » Contact LabLaw for more information

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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: New Labour and Employment Amendment Bill On May 1, 2019, the Chamber of Deputies approved the Amendment Bill to reform the Federal Labour Law. The Bill that reformed the Federal Labour Law is aimed to fulfill three main commitments: 1) The inclusion of the obligations set forth in ILO’s Convention 98 to guarantee the freedom of association and for collective bargaining. 2) Creation of new Labour Courts that will replace the current Conciliation and Arbitration Boards, modifying the procedural rules. 3) The modification of other legal provisions that are important for the new government’s agenda » 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

Latest Case Law: The Netherlands: Employment Law Chronicle Last year, the Dutch Supreme Court pronounced a large number of rulings in the field of the Work and Security Act (Wet werk en zekerheid). Therefore, a large part of this Chronicle deals with those decisions. The items discussed include rulings on the grounds for dismissal, the transition allowance and the fair compensation, the obligation to pay wages after immediate dismissal and a number of procedural aspects. Furthermore, attention will be paid to case law on #metoo and the rulings of the European Court of Justice on the lapse of holidays. Finally, we will discuss a number of relevant developments in laws and regulations » 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: The Act of October 4, 2018 on Employee Capital Plans (PPK) amended before even becoming fully effective On May 16, 2019, the Lower House of the Polish Parliament (Sejm) voted in favor of passing the amendment to the Act of October 4, 2018 on Employee Capital Plans. The main change introduced by the amendment is the abolition of the limit of 30 times of the average salary, above which the contributions for PPK are not to be deducted » 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

Impending Changes of Legislation: Romania: New changes within the Labour Code regarding the termination of the employment agreement A recent Law modified the contents of Article no. 56 of the Labour Code that contains the de jure situations in which the employment agreement is terminated. One of these situations is the termination of the agreement when the employee reaches the retirement age and has the minimum contribution period to benefit from pension rights. At this moment, the pension age is different for men and women. However women can choose to continue the employment until they reach the retirement age for men. The new form of the article also includes the possibility for both male and female employees to continue the employment by request for a period of 3 years after they reach the retirement age » 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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Spain | Suárez de Vivero

Impending Changes of Legislation: Spain: Residence and work permits for UK’s national members in the case of a “no-deal” Brexit The Spanish Government has recently approved Instructions to authorize the right to reside and work in Spain for UK’s national members who have been residing in Spain before the withdrawal date. These Instructions will only be applicable if UK leaves the EU without a withdrawal agreement and its effects will begin on the withdrawal date » 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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United Arab Emirates | Clyde & Co

Impending Changes of Legislation: UAE Ministerial Resolution No. 242 of 2019 The new law which came into force on April 1, 2019 lists the exemptions for payment of the administrative fines detailed in Article 3 of UAE Cabinet Resolution No. 15 of 2017 » 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: Useful court guidance on dealing with subject access requests The High Court recently ruled that the information provided in response to a subject access request (SAR) was inadequate and ordered the data controller to provide significant further information. The court also provided guidance on issues that often arise for employers when responding to a SAR » Read More
UK: Employer was not liable for injury at work Christmas party The High Court has decided that an employer was not liable for an injury sustained by an employee at a work Christmas party, and it also was not vicariously liable for the actions of the person who caused the injury » 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.

Other Observations: USA: Trump Administration Targets Visa Overstays President Donald Trump issued a Memorandum on April 22, 2019 aimed at reducing visa overstays – people who stay in the U.S. beyond the time authorized by their visas » 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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