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 November 2019.





Argentina | Allende & Brea

Latest Case Law: Argentina: National Supreme Court ruling clarifies the type of relationship that exists between a medical doctor and a clinic In a recent decision, the National Supreme Court of Justice overruled the judgement of the lower court and found that the relationship between a medical doctor and a clinic, which lasted more than 20 years, did not constitute a labour relationship and should be considered a civil services contract » 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: Legal Action to Challenge the Validity of the Australian Federal Government’s Controversial Backpacker Tax Australian residents are not required to pay tax on the first $18,200 of their income (a “tax free threshold”). Under provisions colloquially known as the “Backpacker Tax”, those on a working holiday visa were taxed on all their income, including the first $18,200. The Federal Court of Australia has found that a British backpacker who was in Australia on a working holiday visa, was a “resident” under the relevant tax legislation and that the “Backpacker Tax” was discriminatory in contravention of the international double tax agreement between the UK and Australia because it attempted to tax foreign workers in the same circumstances as an Australian resident at a higher tax rate » 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: Supreme Court sheds light on reimbursement of undue wages Court of Cassation decision answers the question of whether the employee has to pay back undue wages, in gross or net form, to the employer. Specifically, the question arises as to whether, in addition to the net salary, the employee must first reimburse the withholding tax on wages and, secondly, the employee's social security contributions » 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’s WSIB’s New Rate Framework and Premium Freeze for Non-Profits As of 1 January 2020, Ontario’s Workplace Safety and Insurance Board (the “WSIB”) will be replacing its current Schedule 1 employer classification system and premium and experience rating programs with a new “Rate Framework”. Under the Rate Framework, experience rating programs will be eliminated and employers will instead pay prospective and fluctuating premium rates based on their individual claims experience. As of 25 September 2019, the WSIB started notifying employers of their new 2020 premium rates. This same day, the Ontario Government announced a five-year SIB premium freeze for all non-profits operating in the province » 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 rules on labour contract termination The Department of Labour was asked to issue a ruling to clarify and confirm if employers are allowed to communicate a labour contract termination through email » 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

Latest Case Law: China: Shanghai Court holds it is Lawful for Employers to Fine Employees based on an Internal Policy Court rules it is lawful for employers to fine employees according to the employer’s internal policy, if the internal policy is reasonable, not in conflict with existing laws, established upon negotiation with trade unions or employees’ representatives, and duly notified to its employees » Read More

Other Observations: China: Trial Period Announced for New Online Arbitration and Mediation Platform for use in Labour Disputes Beijing’s district labour arbitration commission in Haidian has launched a new model of “Internet plus mediation” in its practice, which was designed to ease the parties’ respective burdens during the arbitration phase of a labour dispute » 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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Colombia | López & Asociados

Latest Case Law: Colombia: 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) newly defined measures regarding the Legal Aid for Transport subsidy granted to workers and ii) the judgement of the Constitutional Court declaring the Financing Law to be unconstitutional » Read More

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For more information on these articles or any other issues involving labour and employment matters in Colombia, please contact Alejandro Castellanos, Partner at López & Asociados (www.lopezasociados.net) at alejandro.castellanos@lopezasociados.net.

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European Union | Van Olmen & Wynant

Latest Case Law: European Union: European Court of Human Rights allows for the Secret Video Surveillance of Employees In a recent landmark case, the Grand Chamber of the European Court of Human Rights has ruled that the use of hidden video cameras by a Spanish supermarket, which led to the dismissal of several employees for theft, was not a restriction of the right to privacy of the employees » 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: Lump sum agreements in days (“forfait jours”) – an amendment to a collective agreement aimed at rendering a lump sum agreement compliant can only be imposed on an employee if it was signed after the Labour Law of 8 August 2016 The French Supreme Court (“Cour de cassation”) has rendered a decision stating that the rider to the collective agreement can only be imposed on employees if it was signed after the Labour Law entered into force. If it was concluded prior to the Labour Law of 8 August 2016, the employer must sign a new individual agreement with the employee, that is in line with the revised rules. Failing this, the employee’s forfait jours is invalid and cannot be implemented » Read More

Impending Changes of Legislation: France: With Brexit postponed to 31 January 2020 the French government provides a transition period for British nationals living in France As Brexit is now planned for 31 January 2020, measures have been taken in France to manage the post-Brexit situation. British nationals may continue their professional activities in France beyond Brexit for a transition period of at least three months. After the end-date of the transition period, British nationals will need to be in possession of one of the various permits allowing them to stay, reside, and/or work in France » 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

Impending Changes of Legislation: Germany: wide minimum wage for apprentices will come into force by 2020 The German Parliament decided that a Germany-wide minimum wage for apprentices will be introduced by 1 January 2020. It will initially amount to 515 Euros per month and will be gradually increased during the following years » Read More
Germany: New EU directive aimed at improving the protection of whistleblowers aggravates obligations of local companies The EU has approved a new directive aimed at extending and harmonising the protection of whistleblowers. In particular, the directive obliges companies in the member states to set up internal reporting channels for whistleblowers » 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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Italy | LABLAW Studio Legale

Latest Case Law: Italy: Court rules on Application of Criteria in the Transfer of Employees Application of the criteria provided by mandatory law for collective dismissals can be used to identify the employees to be transferred from one work seat to another » 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: New Bill aims to reform Outsourcing Rules, Regulations and Practices Senator Napoleon Gomez Urrutia recently introduced a Bill to reform the Federal Labour Laws regulating outsourcing services and activities. If approved, companies will be required to initiate a comprehensive review of their existing outsourcing agreements in order to avoid severe penalties and increased operational costs » 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: A dormant employment must be terminated at the employee’s request If an employer does not want to terminate the employment with a long-term sick employee after 104 weeks, the employment is referred to as dormant. The obligation to pay wages has usually ended, but formally, the employee is still employed despite the fact that he does not receive any wages. In this way, the employer avoids having to pay a transition payment to the employee. Keeping the employment 'dormant' is not prohibited and in the past an employer was not obliged to agree to a termination request from the employee » 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 & Wspolpracownicy

Impending Changes of Legislation: Poland: New Obligations for Employers to Introduce a Remuneration Policy On 23 October 2019, the Act on the amendment to the Act on public offering and conditions governing the introduction of financial instruments to organised trading, and on public companies and certain other acts implementing the SRD II Directive (Shareholder Rights Directive) was forwarded to the President of Poland for his signature » 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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Qatar | Clyde & Co

Impending Changes of Legislation: Qatar: New Legislation Aims to Reform Immigration Laws for Resident Expatriate Families The Council of Ministers recently announced a plan to allow children (sons and daughters both) of resident expatriate families in Qatar to be able to work in the private sector, without having to transfer their residency to their employer. Legislation pending » Read More
Qatar: Minimum Wage Requirements The Council of Ministers intend to introduce a statutory requirement, wherein employers will be required to pay their employees a non-discriminatory minimum salary. Legislation pending » Read More
Qatar: Removal of Requirement to Acquire No Objection Certificate (NOC) to Change Employment The Council of Ministers support for new legislation that would remove the requirement to obtain a No Objection Certificate (NOC) from current employers, in order to change employers, in instances where the employee has completed the probationary period with their current employer. Legislation pending » Read More
Qatar: Removal of Exit Permit Requirement The Council of Ministers recently endorsed a plan to abolish the exit permit system in Qatar for all categories of foreign nationals, including those not subject to Qatar’s labour laws. Legislation pending » Read More

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

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Romania | Magda Volonciu & Asociatii

Impending Changes of Legislation: Romania: New Pension Benefits for Employees performing Activities under Specific Working Conditions The law regulating state funded pensions has been amended to provide additional benefits to employees employed in specifically designated categories of work, after 1 April 2001 » 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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Saudi Arabia | Clyde & Co

Impending Changes of Legislation: Saudi Arabia: Ministerial Resolution amends Executive Regulations The amendments pertain to the settlement of labour violations and, in particular, extend the timeframes set out under Article 38 of the Executive Regulations dealing with the procedure involved in settling outstanding penalties imposed by the court » 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

Latest Case Law: Spain: Is the paternity leave included in collective agreements still valid? After the derogation of the paternity leave recognised in the Workers' Statute (WS), the High Court of Justice of Basque Country (País Vasco) rejects that workers can enjoy the 3 days of leave that are included, for that purpose, in the Collective Bargaining Agreement (CBA) applicable to a particular company » 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 | Cederquist

Latest Case Law: Sweden: Labour Court finds the summary dismissal of a department manager in a security services company to be lawful The department manager had brought home technical equipment belonging to the company without informing his employer, authorised his own invoices against the company’s authorisation order and allowed the company to pay for his private home security alarm. The Court noted that the department manager's actions resulted in a significant loss of trust, which was a fundamental part of the employee’s position as a company manager » 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: California Consumer Privacy Act FAQs for Covered Businesses Set to take effect 1 January 2020, the California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, places limitations on the collection and sale of a consumer’s personal information and provides consumers certain rights with respect to their personal information. Organisations should be doing their best to determine if they have CCPA obligations directly as a business, because they control or are controlled by a business, or because they have contractual obligations flowing from a business » Read More
USA: Supreme Court Hears Arguments on Deferred Action for Childhood Arrivals Policy The U.S. Supreme Court has heard oral arguments on whether the Department of Homeland Security lawfully terminated the Deferred Action for Childhood Arrivals (DACA) Policy. The Court’s decision will affect more than 700,000 individuals who came to the U.S. as children without proper documentation » 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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