L&E Global
We are pleased to present you with the L&E Global Employment Law Tracker for November 2020, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends.
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ArgentinaAustraliaBelgiumBrazilCanadaChileChinaColombiaEuropean UnionFranceGermanyIndiaItalyMexicoPolandRomaniaSaudi ArabiaUnited Arab EmiratesUnited States

ARGENTINA • Allende & Brea

Extension of Prohibition of Dismissals and Furloughs

The Decree 891/2020 extended the prohibition of dismissals: (i) without justified cause; or (ii) due to lack or reduction of work and force majeure, for a period of 60 days as from its original deadline (i.e. the prohibition is now extended until 31 January 2021). » 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 www.allende.com.

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AUSTRALIA • Harmers Workplace Lawyers

Western Australia passes Work Health and Safety legislation

The Western Australian Parliament has recently passed the Work Health and Safety Bill 2019 (WA). This finally brings that state into line with all other states in Australia (except for Victoria) in adopting the national model Work Health and Safety laws first proposed in 2010. The new legislation will replace the Occupational Safety and Health Act 1984 (WA) and introduce a number of changes including widening the term ‘employer’ to encompass any ‘person conducting a business or undertaking’, as well as introducing a new offence of ‘industrial manslaughter’. Under the Bill, insurance companies are also prohibited from indemnifying businesses from liability penalties that are imposed under work health and safety laws. The new legislation is expected to come into operation in 2021. » 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

The 2nd wave of COVID-19: latest obligations, restrictions and support measures in Belgium

Now that Belgium has been hit by a “second wave” outbreak of the coronavirus, Belgian employers and employees are facing new (or renewed) governmental measures to prevent the further spread of the virus. At the same time, the government has decided to implement further support measures to make sure that companies and employers receive a fair chance to survive this crisis. Below we give an overview of the most important measures. At the time of publication, some of these measures do not yet have a legal basis. » 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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BRAZIL • TozziniFreire Advogados

Relevant changes to Profit or Result Sharing Programs

As of 6 November 2020, Law 10,101/2000, which regulates Profit and Results Sharing Programs in Brazil (commonly called “PLR”), is effective with important changes that bring clarity to aspects that have been constantly questioned in inspections and lawsuits. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Mihoko Sirley Kimura (Partner) of TozziniFreire Advogados at mkimura@tozzinifreire.com.br or visit www.tozzinifreire.com.br.

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CANADA • Filion Wakely Thorup Angeletti

WEBINAR: 2020 The Year (and, oh, what a year!) in Review

On Tuesday, 1st December 2020, from 9:00 am – 10:30 am EST, Filion will host a webinar that will provide participants with an overview of key developments that occurred in 2020, and will offer insight into what employers can anticipate in the year ahead. Topics covered in this webinar will include employment agreements, incentive compensation, employers’ liability to pay for unauthorized overtime, and how far an employer’s duty to accommodate extends in drug and alcohol cases. » Read More

Deadlines for Ontario AODA Compliance Reports and other Accessibility Requirements

The deadline for businesses and non-profit organizations with 20 or more employees to file an accessibility compliance report under Ontario’s AODA has been extended to 30 June 2021. At this time, the extension does not apply to public sector organizations, which are still required to submit an accessibility compliance report by 31 December 2020. » 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

Chilean Court recognises Labour Relationship between Delivery App and Deliverer

On 5 October 2020, the Labor Court of Concepción-Chile- ruled in favor of a claimant worker who was working as a deliverer at the food delivery app "PedidosYa". The sentence established the existence of an employment relationship between the worker and the delivery Company which would imply, among other things, that at the time of his dismissal the worker would be entitled to the payment of severance. » 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

Personal Information Protection Law (Draft) Is Released for Public Comments

The National People’s Congress released the Personal Information Protection Law (Draft) (“Draft”) for public comments. The Draft sets the principles in handling personal information and the obligation on processors of managing the personal information in a compliant manner and ensuring its security. » Read More

MOHRSS Issues the Circular to Improve Guidance and Services for Employee Sharing

The MOHRSS issued the Circicular on Proper Guidance and Services for Employment Sharing to guide companies to fully respect wishes of employees and their right to know during employee sharing period and safeguard the healthy development of the employee sharing mode. » Read More

The Court in Guangdong held that employee’s voluntary giving up of annual leave in advance is enforceable

The Employee handwrote a letter of commitment to the Employer to voluntarily give up annual leave entitlement and encashment for unused annual leaves in advance, which was held as enforceable by the Court after the Employer terminated the Employee. » 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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COLOMBIA • López & Asociados

Extending special programs to support formal employment

Through Law 2060 of 2020, Colombia has extended two of the special programs created to help the formal sector during the Sanitary Emergency declared due to the COVID-19 outbreak: the PAEF and PAP (by its Spanish acronym). It introduced additional changes as those who could get access to them, the employee retention rate required, and the amount of the subsidy, among others. » Read More

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

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EUROPEAN UNION • Van Olmen & Wynant

Commission proposes Directive on adequate minimum wages for workers in the EU

At the end of October, the Commission published its proposal for a Directive on adequate minimum wages for workers across Member States. The right to adequate minimum wages is established by Principle 6 of the European Pillar of Social Rights. In light of this, Commission President Ursula von der Leyen promised a legal instrument regarding minimum wages in the beginning of her mandate. » 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

An employer can use evidence from an employee's private Facebook account

The French Supreme Court (Cour de cassation) considered that the right to evidence can justify that elements extracted from an employee's private Facebook account be produced in court, provided that such production is indispensable to the exercise of the right of evidence and that the infringement is proportionate to the goal pursued. » Read More

Remote work is practically mandatory

Injunctions to impose remote work have multiplied through declarations by the Minister of Labour, and instructions addressed by labour inspectorates to companies, told that implementation of telework is not left up their free choice nor that of employees, as long as the workstation or functions allow the work to be accomplished remotely/from home. However, the law is silent on this issue, except to recall the employer’s reinforced obligation to ensure their employee’s health and safety, which these days… can mean telling them to stay home. » Read More

New decrees on Short Time Work for the pandemic

In light of the health situation and the closure and lockdown measures taken by the public authorities to combat the pandemic, the reform of the Short Time Work system initially planned to come into force on 1st November 2020 has been postponed until 1st January 2021. » Read More

Proof of overtime: surprising new rules

The French Supreme Court has ruled that an employer who provided employees with timekeeping software implicitly accepts their performance of overtime. The court considered that the employer was thus informed of the hours worked, regardless of the absence of prior authorization from the employer for the performance of these overtime hours. » 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

Latest developments in German employment law with regard to COVID-19, minimum wage and mobile work

We shed a light on the latest developments in German employment law regarding COVID-19, where new financial aids shall ease the effect of the second “light” lockdown on the economy, the increase of the minimum wage and the ongoing discussion on a potential law regarding mobile work. » Read More

An employer cannot validly dismiss own employees for operational reasons as long as he covers a permanent need for workforce with leased employees

When it comes to dismissals for operational reasons, the employer always has to examine first whether there are any vacant positions within the company that he could assign to the otherwise redundant employee. Depending on the circumstances of the case, positions filled with leased employees can qualify as vacant positions in that sense, which means that the employee leasing needs to be terminated before permanent employees can be dismissed for operational reasons. » 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

Karnataka Government permits women employees working in shops and commercial establishments to work during night hours

The State Government of Karnataka vide a notification dated October 19, 2020 published the Karnataka Shops and Commercial Establishment (Amendment) Act, 2020 thereby amending by way of substitution, Section 25 of the Karnataka Shops and Commercial Establishment Act, 1961 which permits women employees working in shops and commercial establishments to work during night hours. » 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

Decreto Ristori and Decreto Ristori Bis

Urgent measures in the field of health protection, support to workers and enterprises and justice, related to the epidemiological emergency by COVID-19. » 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 www.lablaw.com.

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

Outsourcing

This month, the President of the Republic introduce a bill in the House of Representatives to reform the Federal Labor Law, the IMSS [Social Security] Law, the INFONAVIT [National Worker’s Housing Fund Institute] Law, the Federal Tax Code, the Income Tax Law and the VAT Law. The reform to all of these laws relates to the termination of labour outsourcing practice. Therefore, by virtue of the reform bill, articles 15-A, 15-B. 15-C, and 15-D, that regulate labour outsourcing, will be derogated; control measures and actions; the practice of medical examinations and its records will entry into force. » 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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POLAND • Sobczyk & Partners Law Firm

New amendments in the Labour Law

In the face of legislative changes related to the need to prevent the spread of the SARS-COV-2 virus and mitigate the effects of the pandemic, many other legislative changes remain unnoticed. In this newsletter we would like to present some of the recently introduces changes in the field of labour law. » 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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ROMANIA • Magda Volonciu & Asociatii

Romania will remain under the state of alert for at least 30 more days starting 14 November

The state of alert was extended by the Government for an additional 30 days starting November 14th. Given the general rise in number of confirmed Covid cases and the prevalence of cases in specific geographical areas, under this state of alert the restrictions are to be imposed based on the number of confirmed cases in the last 14 days. A mild nationwide lockdown is in place and people’s movement is restricted during the night. » 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

Ministry of Human Resources and Social Development (MHRSD) contractual relationship enhancement initiative

MHRSD has launched a contractual relationship enhancement initiative to improve contractual relationships. » 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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UNITED ARAB EMIRATES • Clyde & Co

10 year Golden Visa

The UAE has announced that it will grant the 10 year golden visa to all PHD holders, all doctors, engineers in the fields of computer engineering, electronics, programming, electricity, and biotechnology, and top achievers of accredited universities in the country scoring 3.8 GPA and above. The law has not yet been published. » 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 STATES • Jackson Lewis

U.S. Supreme Court to take on Affordable Care Act… Again

This term, the U.S. Supreme Court returns to a challenge to the Affordable Care Act (ACA). In the consolidated cases of California v. Texas (No. 19-840) and Texas v. California (No. 19-1019), the Court will consider whether a group of states and private individuals have standing to challenge the ACA. If that procedural hurdle is cleared, the Court then must consider whether the ACA’s individual mandate is constitutional, and, if it is not, whether that requirement can be severed from the ACA or whether the entire ACA must fall. » Read More

Real Estate Employers Can Expect Uncertainty Following Election 2020

Many of the laws and regulations governing employers will be affected by the 2020 Election results. For real estate industry employers specifically, a change in administration could lead to reversals of recently enacted policies —as well as reinstatement of prior administrations’ rules and regulations— at federal agencies. » Read More

The Future of Workplace Law Under President-Elect Joe Biden

As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of federal workplace legislation. Many of these employment law measures successfully passed the House in 2019 and 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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