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 October 2018.


UPCOMING WEBINARS

L&E Global’s 2018-2019 International Webinar Series

Each webinar will have a duration of 1 hour and is free of charge. You can register for the webinar(s) of your preference via the specific registration button and feel free to forward the invitation to any of your colleagues.

 

Browse by Country


Argentina | Australia | Belgium | Brazil | Canada | Chile | China | France | Germany | India | Italy | Luxembourg | Mexico | The Netherlands | New Zealand | Norway | Poland | Portugal | Qatar | Romania | Saudi Arabia | Spain | Sweden | Switzerland | United Arab Emirates | United Kingdom | United States |


Argentina | Allende & Brea

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Latest Case Law: Argentina: Are fringe benefits part of the employee´s salary? The Labor Courts of the city of Buenos Aires, in the case ‘‘Sanchez Ávalos, Julio Arturo y otros vs/ Cisco systems inc.’’ ruled that the parking space and mobile phone granted to an employee are part of his salary and must pay taxes and social security contributions. The Court also decided that those fringe benefits, plus the bonus paid to the employee, should also be taken into account for purposes of calculating severance pay. » 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: The Fair Work Act Does Not Deny Implication of a Term of Reasonable Notice: Federal Court of Australia A Federal Court Judge has stated that the provision of a minimum period of notice under section 117 of the Fair Work Act 2009 (Cth) does not proscribe the implication of a term of reasonable notice into a contract of employment, responding to recent decisions to the contrary. » Read More

Upcoming International Events: Australia Webinar: Post-Employment Restraints – Date: 7 November 2018 - 1pm to 1.30pm AEDT How do you protect your business when employees leave? This session will include insights in post-employment restraint provisions; the steps employers can take when former employees begin working with or for competitors in breach of restraint provisions; and how employers can protect confidential information and company property when an employee leaves. » View Webinar
Australia Webinar: Dealing with Harassment, Discrimination and Bullying – Date: 28 November 2018 – 1pm to 1:30pm AEDT In this session, we will explore insights in the impact of discrimination, harassment and bullying in the workplace; the relevant legislation you need to know and how to minimise the prospects of being found liable; the courts and tribunals which enforce harassment, discrimination and bullying laws; the key differences between direct and indirect discrimination, sexual harassment, vilification and victimisation; and why good workplace policies are so important. » 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: The single permit is coming to Belgium in 4 different ways Employers who are looking to hire foreign (non-EEA) workers, will soon be able to apply for a single permit instead of two (residence and work permit in one). However, finding the correct legal sources might become difficult thanks to the transfer of competences to the Regions. » 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

Latest Case Law: Canada: British Columbia Labour Arbitrator Finds Just Cause For Discipline in Post-Accident Drug Testing Dismissal Case Even Though the Drug Policy Had Been Previously Set Aside In Teck Coal Limited (Line Creek Operations) v International Union of Operating Engineers, Local 115, 2018 CanLII 69605 (BC LA), a labour arbitration proceeding held in the province of British Columbia, a labour arbitrator upheld the employer’s decision to dismiss an employee who had failed a post-accident drug test, in spite of the fact that the employer’s Illegal Drug and Alcohol Policy had failed an earlier challenge at arbitration. » Read More

Impending Changes of Legislation: Canada: Recreational Marijuana Is Legal in Canada: Key Legislative Changes that Employers Need to Know The federal Cannabis Act, which received Royal Assent on June 21, 2018, makes recreational cannabis legal in Canada as of October 17, 2018. This article provides a short summary of what employers need to know to prepare for this new legislative change. » Read More

Other Observations: Canada: New Obligations Coming into Effect for Employers Affected by Data Breaches Effective November 1, 2018, the Personal Information Protection and Electronic Documents Act (“PIPEDA”) will require organizations to report any breach of security safeguards to the Privacy Commissioner if the breach creates a real risk of significant harm to an individual’s privacy. The affected individuals will also have to be notified about the breach. » 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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China | Zhong Lun Law Firm

Latest Case Law: China: The Employee was Held Obligated to Refund the Housing Subsidy Regardless his Being Wrongfully Terminated The Court Held that the Employee Shall Still Refund the Housing Subsidy back to the Company even where the Company’s Termination Decision on the Employee Has been Ruled as Wrongful. » Read More

Other Observations: China: Shanghai Released the Measures on Management of Information in relation to Dishonest Action in Respect of Social Insurance Contribution Obligation Shanghai Municipal Human Resources and Social Security Bureau and Shanghai Municipal Development and Reform Commission jointly released the Measures on Management of the Information in relation to Dishonesty in Social Insurance Contribution. » 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: The principle of equality does not prevent employers from giving a 13th month bonus exclusively to executives Non-executive employees may not claim, on the basis of equal treatment, the payment of a 13th month bonus that was reserved for executives, no matter the modalities of the payment. This bonus is linked to annual remuneration paid in exchange for the work performed, and in this respect, executives and non-executives are not placed in an identical situation. » 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 Legal

Latest Case Law: Germany: Employees are not entitled to a payment of a lump sum for delay in the event of an employer’s delay in payment of remuneration The highest German labor court has ruled that an employee is not entitled to claim a lump sum for delay in the amount of 40 € from the employer in case of a delayed bonus payment. » 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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Italy | LabLaw – Studio Legale

Latest Case Law: Italy: Italian Constitutional Court against penalties provided for the case of illegitimate dismissal by the so-called Jobs Act Italian Constitutional Court declared the unlawfulness of the “proportionate protection” system of penalties provided by the so-called “Jobs Act” for the case of illegitimate dismissal of employees hired after March 7th 2015. » 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.

Latest Case Law: Mexico: The Senate ratified Mexico’s adhesion to Convention 98 of the International Labour Organization (ILO) on the right of freedom of association and free collective bargaining The Senate ratified Mexico’s adhesion to Convention 98 of the International Labour Organization (ILO) on the right of freedom of association and free collective bargaining. This Convention that is a treaty, will become part of the Mexican legal system due to its binding effects. » Read More

Mexico: The US and Canada announced having reached a trade agreement together with Mexico The US Trade Representative, Robert Lighthizer, and Canada’s Foreign Affairs Minister Chrystia Freeland, announced having reached a trade agreement together with Mexico, as part of the renegotiation of what was previously known as the North American Free Trade Agreement (NAFTA). As expected, the trade agreement will include a labour chapter, in terms of which violations to its provisions could have more severe consequences. » 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: Pro-rated transition payment in the event of partial redundancy An employment agreement has always been considered as an indivisible whole. In actual practice, however, partial termination of the employment agreement does occur. It has long been debated whether a transition payment (partial or otherwise) is due in the event of partial termination. Recently, the Dutch Supreme Court (Hoge Raad) clarified this matter (HR 14 September 2018, ECLI:NL:HR:2018:1617). » 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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Qatar | Clyde & Co

Impending Changes of Legislation: QATAR: Law No. (11) of 2018 considers asylum in Qatar The new law has been approved and is awaiting publication in the Gazette. » Read More

QATAR: Law No. (10) of 2018 sets out the requirements for an expatriate already living in Qatar to apply for and obtain permanent residency in Qatar This law introduces the ability of expatriates to apply for permanent residency in Qatar. » 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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Sweden | Advokatfirman Cederquist KB

Latest Case Law: Sweden: Game programmers’ post termination restrictions were considered unreasonable by the Labour Court as regards non-solicitation of employees. The Labour Court overruled two cases on interim measures as regards post termination restrictions for game programmers, because the restrictions on non-solicitation of employees were deemed unreasonable towards the game programmers. » 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.

Impending Changes of Legislation: USA: Department of Labor Issues Additional FLSA Opinion Letters, Acknowledges New “Fair Reading” Standard for Overtime Exemptions In furtherance of a practice reinstituted earlier this year, on August 28, 2018 the DOL’s Wage Hour Division (WHD) issued four new opinion letters covering FLSA topics. “Opinion letters help provide greater clarity for American job creators and employees,” commented Acting Wage and Hour Division Administrator Bryan Jarrett, and “show the ongoing efforts of the Department to provide the tools employers need to comply with the law and protect workers.” » 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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This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice with regard to any specific case. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Action should not be taken on this document alone. For specific advice, please contact a specialist at one of our member firms or the firm that authored this publication. The content is based on the law as of 2017.

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