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 October 2019.


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Argentina | Australia | Belgium | Canada | Chile | Colombia | European Union | France | Germany | India | Mexico | The Netherlands | Poland | Saudi Arabia | Spain | United States |


Argentina | Allende & Brea

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Impending Changes of Legislation: Argentina: Mandatory one-time bonus for all private sector employees in Argentina The Argentine government issued a formal decree, wherein employers are required to pay a mandatory one-time bonus of AR$ 5.000 (equal to USD 85 at the current exchange rate), to be paid in October 2019, to all private sector employees » 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: Federal Court of Australia finds that reliability and credibility issues insufficient to discharge reverse burden of proof The Federal Court of Australia has upheld an appeal from the Industrial Magistrates Court of Western Australia, finding that an employer had failed to disprove underpayment allegations made by a pair of former visa workers that it had employed » 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: Sanction for motivation of dismissal without registered letter – excessive formalism? If an employee, in accordance with national Collective Bargaining Agreement no. 109, requests the concrete reasons for his or her dismissal by registered letter, the employer must also provide them by registered letter. If the communication has been made by other means, the employee can claim payment of a fixed fine. This does not constitute an abuse of rights » 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: Court of Appeal for Ontario Finds Another Termination Clause Unenforceable In the recent case of Andros v. Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal held that a termination clause was unenforceable, despite the fact that it explicitly referred to statutory minimums. The Court of Appeal also found that the employee was entitled to a prorated share of an annual bonus during the common law notice period, even though the bonus only became payable after the expiry of the notice period » 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

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Impending Changes of Legislation: Chile: Change in the procedure for foreigners to leave Chile On 1 October 2019, the Department of Immigration published Circular N°29, which provides new measures to facilitate the departure from the country of foreigners who are processing residence permits » 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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Colombia | López & Asociados

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Impending Changes of Legislation: Colombia: Summary of recent legislative amendments In the past month, there have been several legislative developments related to labour and employment law matters, chief among them: i) newly defined measures regarding the implementation of the biannual family day and ii) new regulation of the anticipated old-age pension for parents of a disabled child » 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: Court of Justice rules that occupational illness can be seen as a disability In a new judgement, the CJEU has applied its broad definition of ‘disability’ in light of the UN Convention on the Rights of Persons with Disabilities, and finds that an occupational illness can be qualified as a disability within the framework of EU discrimination law » 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: The saga of the Macron dismissal indemnification scale continues Court of Appeal admits that it is possible to rule out the application of the scale when an application of the ceiling would result in a disproportionate infringement of the employee’s rights » Read More

Impending Changes of Legislation: France: Exceptional purchasing power premium will be extended The exceptional power of purchase bonus scheme, exempt from social security contributions, taxes, levies and income taxes, that was created at the end of 2018, will be renewed for the year 2020. It will come with a major change however: the exemption from contributions and taxes attached to this bonus could be conditioned by the existence or the implementation of a profit-sharing agreement. This renewal is currently being examined by Parliament this autumn, in view of its entry into force at the end of the year » 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: Employees in old age part-time in the so-called block model do not acquire vacation claims for the duration of their release phase Employees in the so-called “block model” for the old age part-time, which splits the period of the old age part-time into a working phase and a release phase, due not accrue claims for vacation during the release phase of their old age part time, because he/she did not actually perform any work and thus is not comparable to employees who did. This ruling provides legal certainty to employers regarding vacation entitlements of old age part-time employees, and safeguards employers from unexpected payment obligations for vacation days for the period of the release phase » 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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India | IndusLaw

Impending Changes of Legislation: India: Amendments bring substantial changes to the law regulating apprentices The Government of India, via a notification dated 25 September 2019, has amended certain provisions regulating apprentices in India, chief among them: i) new guidelines for organisations to engage apprentices (eligibility provisions plus mandatory obligations); ii) revised monthly stipends payable to the different kinds of apprentices; iii) an apprentice shall not be considered a worker and therefore the laws pertaining to labour shall not apply to an apprentice; and iv) requirements for organistions to engage apprentices, within a financial year, based on the percent of the total strength of the establishment » 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: Government approves plan to increase accrued wages from 1 year and an interest of 2%, to 2 years and an interest of 4% The Senate`s Labour and Social Welfare Commission approved the judgement proposed by Senator Napoleon Gomez Urrutia to amend article 48 of the Federal Labour Law so that, in case of a dismissal without justified cause, the employee is protected with 100% of their salary during the first 24 months, rather than the 12 months currently foreseen in article 48 » Read More

Other Observations: Mexico: Supreme Court Minister resigns with more than a decade still left in his tenure On 8 October 2019, Minister Eduardo Medina Mora resigned from the Supreme Court of Justice, long before his 2030 term-limit was set to expire. Mexican President Andres Manuel Lopez Obrador accepted Medina Mora`s resignation, which will now be submitted for approval by the Senate. Once Medina Mora`s resignation has been accepted in the Senate, the President will select three possible candidates for the Senate to consider. The Senate will then proceed to choose one of the three to serve as Supreme Court Minister » 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

Impending Changes of Legislation: The Netherlands: A new ground for dismissal, called the cumulation ground, enters into force on 1 January 2020 A new ground for dismissal, called the cumulation ground, was introduced as part of the Balanced Labour Market Act. If the employment contract is terminated on the basis of the cumulation ground, a higher transition payment might be owed. The thinking behind these changes is that the courts can provide insufficient tailor-made decisions. The additional payment is for the compensation of the termination of the employment contract, whilst the other grounds for dismissal, were, each in and of themselves, insufficient to justify a dismissal » 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: Record increase to the minimum wage As of 1 January 2020, the minimum remuneration for work in Poland will be PLN 2,600 gross (c.a. EUR 600). This means an increase of PLN 350, or 15.6 % compared to the 2019 minimum wage (currently the lowest salary is PLN 2,250 gross). This is also the highest increase to the minimum remuneration in recent years » 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: Ministerial Resolution No.20912 approves protection procedures to combat inappropriate behaviour at work The resolution sets out requirements for employers to comply with in order to prevent and tackle behavioural abuse within the workplace. The resolution comes into force on 21/2/1441, corresponding to 20 October 2019 » Read More
Saudi Arabia: Cabinet Resolution No. 11 of 144AH, concerning the restructuring of visit, pilgrimage and transit visas The resolution sets out the categories of visas available » 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: Surveillance Cameras vs Video Recordings in the Workplace According to the General Data Protection Regulation, images obtained through a mobile phone, to control the performance of employees at work, would be considered ‘personal data’. Therefore, employees must be informed in advance that they are being recorded, otherwise the company can be sanctioned » 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 States | Jackson Lewis P.C.

Latest Case Law: USA: Supreme Court Hears Arguments on LGBTQ+ Workplace Protections The U.S. Supreme Court heard oral arguments on 8 October 2019 in three high-stakes cases that will decide whether LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964. Given the patchwork of legal protections for LGBTQ+ workers, and the uncertain legal landscape, employers should continue to promptly and thoroughly investigate all complaints of LGBTQ+ discrimination and take remedial action in response to discrimination. Gender identity and sexual orientation harassment should be prohibited under company anti-harassment policies and staff should be trained on the prevention of LGBTQ+ discrimination. It is equally important that managers are sensitised on how to respond to LGBTQ+ discrimination complaints, including the duty to report LGBTQ+ discrimination when placed on actual or constructive notice of discrimination and harassment » Read More

Impending Changes of Legislation: USA: Department of Labour Finalises and Issues New Overtime Rule, Sets Minimum Annual Salary at $35,568 The U.S. Department of Labour (DOL) has issued a new Final Rule updating the minimum salary requirements for the “white collar” (executive, administrative, and professional) overtime exemptions. The 1 January 2020 deadline for compliance may be a challenge for some employers. Employers need to identify any currently exempt employees who will not satisfy the new minimum salary threshold and then determine whether to either reclassify them as non-exempt or adjust their salaries. When adjusting salary levels, employers must consider the impact on other exempt employees who also may request an increase, as the gap between their salary and other salaried workers diminishes. Industries most likely affected by the change include retail, hospitality, and the non-profit sector » 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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