Employment Law Tracker

 

Filion Wakely Thorup Angeletti and L&E Global are pleased to present you with the most recent employment law updates for September 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.

 

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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 |


Australia | Harmers Workplace Lawyers

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Latest Case Law: Australia: Casuals Employed On A “Regular And Predictable” Basis Entitled To Annual Leave: Full Federal Court The Full Court of the Federal Court has unanimously ruled that casuals, who are employed on a “regular and predictable” and “continuous” basis, are entitled to annual leave under the Fair Work Act 2009 (Cth). This was despite true casual rates incorporating a loading to compensate for non-receipt of annual leave under the Act. » Read More

Upcoming International Events: Australia Webinar: HR Myth Busting – Date: Wednesday 3 October 2018 – 1pm to 1:30pm AEST Do you really need to give three written warnings before you can fire someone? Ever thought you can only ask for a medical certificate when an employee has been away for at least two consecutive days? Think all employees are subject to a ‘3 month probationary period’? These are just some of the common HR myths we will bust in this 30 minute webinar. » View Webinar
Australia Webinar: Post-Employment Restraints – Date: 7 November 2018 - 1pm to 1.30pm AEST 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 AEST 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

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Impending Changes of Legislation: Belgium: Additional income without taxes The Act of 18 July 2018 has introduced an annual threshold of 6130 euro, for additional income derived from work for associations, occasional services by private persons for private persons, and the on demand economy. Under this threshold, no income taxes or social security contributions are required. » 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

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Latest Case Law: Canada: Termination for Frustration May Constitute Unjust Dismissal Under the Canada Labour Code In the recent decision of Lewis v Whiteline Trucking Ltd, 2018 CanLII 72555 (CA LA), an adjudicator ruled that the doctrine of frustration of employment did not apply to a determination of whether an employee was unjustly dismissed contrary to the Canada Labour Code. » Read More

Impending Changes of Legislation: Canada: Québec’s National Assembly Legislates Changes to Labour Standards On June 12, 2018, Québec’s National Assembly enacted Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance (the “Act”). This article focuses on some of the key amendments to: (i) vacation and leave requirements; (ii) differential treatment; and (iii) prevention of psychological and sexual harassment. » Read More

Other Observations: Canada: Federal Government Considering “Right to Disconnect” Canada’s federal government held a broad public consultation with a view to updating the Canada Labour Code, which sets out minimum labour standards for federally regulated employers. Apart from issues pertaining to scheduling, wages and other common consultation topics, this consultation also considered whether changes to the federal rules should include the introduction of a “right to disconnect” from work e-mails and phones. » Read More

Upcoming International Events: Canada Webinar: Data Breaches: What Employers Need to Know – Date: September 26, 2018 from 8:30-10:00 EST Filion Wakely Thorup Angeletti (FWTA) will host Data Breaches: What Employers Need to Know, a free online webinar that will review Canadian privacy obligations for federally and provincially-regulated employers. Participants will learn how those privacy obligations apply to employee information, developments in privacy law surrounding data breaches, and best practices on what to do if your company’s data is compromised. » View Webinar

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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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France | Flichy Grangé Avocats

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Latest Case Law: France: The dismissal of the Director of a subsidiary by the director of the parent company is valid An employee dismissed by the director of the parent company overseeing its activities is valid, since the latter is not completely detached from the subsidiary. This holds true even in the absence of any written delegation of authority. » Read More

Other Observations: France: The administration recognizes the “right to make a mistake” A new law that aims to improve the dynamics between civil society and the public administration ( «un État au service d’une société de confiance ») aims to put in place the right to rectify one’s mistakes vis-à-vis the administration. This allows the individual to escape financial sanctions or avoid being punished by having benefits revoked. The law provides for a control by the administration. » 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

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Latest Case Law: Germany: No evaluation prohibition for older recordings from open video surveillance The storage of video material from a lawful open video surveillance, which shows the commission of criminal offences by an employee, is not inappropriate due to the lapse of time. This applies as long as the employee can be prosecuted under labor law. » Read More
Germany: The employer is entitled to prevent employees from participating in a strike by promising a so-called “strike-breaking” premium The highest German labor court has ruled that an employer is generally entitled to prevent employees from participating in a strike, by promising a so-called strike-breaking premium. Apparently, an unequal treatment of striking employees and so-called strike breakers exists, which is justified for industrial action reasons. » 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

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Impending Changes of Legislation: Italy: impending changes to Privacy Legislation Legislative Decree no. 101/2018 will enter into force on September 19, 2018 and is aimed to harmonize and coordinate the national privacy legislation (the so-called “Privacy Code”) to the new provisions of the "GDPR" concerning personal data protection and processing. The general part of the Italian Privacy Code has been almost entirely replaced by the provisions of the EU Regulation, so that rules on processing, information and prior consent of the data subject are repealed and replaced by the European ones. » 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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Luxembourg | KLEYR ❘ GRASSO

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Impending Changes of Legislation: Luxembourg: Social election The law dated 10 August 2018, published on 3 September 2018, introduces changes to the general election procedure for the staff delegation. This law enters into force on 1st February 2019. » Read More
Luxembourg: Time saving account The law dated 1st August 2018 introduces a time saving account for the public sector. The law was published on 16 August 2018 and will enter into force on 1st October 2018. » Read More
Luxembourg: Complimentary pension scheme The law of 1st August 2018 has modified the amended law on complementary pension schemes of 8 June 1999 and will enter into force on 1st January 2019. » Read More

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For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Jungers, Partner at KLEYR ❘ GRASSO (www.kleyrgrasso.com) at christian.jungers@kleyrgrasso.com.

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Mexico | De La Vega & Martinez Rojas S.C.

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Other Observations: Mexico: Andres Manuel Lopez Obrador (AMLO), Mexico’s elected President, presented the program ‘Young Building the Future’ The emerging, and highly ambitious program, ‘Young Building the Future’, will be implemented starting December 1, 2018. Phase one of this project will pursue the granting of scholarships to 300 thousand young people who have been rejected by public schools and universities, or who do not have economic resources to continue their studies. Phase two consists of training 2 million 300 thousand young people for their first job opportunity as apprentices in different companies established across the country. This means that the government will pay for the training for one year. Also, each youngster will be paid 1.5 the minimum wages, monthly. » Read More
Mexico and the US reach an arrangement in NAFTA’s (North America Free Trade Agreement) renegotiation A Labour Chapter is introduced, very similar to Chapter 19 of the Trans Pacific Partnership Agreement (TPP), where the parties are obliged to apply the principles of the International Labour Organization (ILO); these are binding rules of the Treaty and mechanisms are established for their observance and compliance. » 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

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Impending Changes of Legislation: The Netherlands: New UWV Implementing Rules regarding Dismissal for Commercial Reasons On 1 August 2018, new Implementing Rules regarding Dismissal for Commercial Reasons (the ‘Implementing Rules’) took effect, and are relevant when filing an application for dismissal with the Employee Insurance Agency UWV. » 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

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Impending Changes of Legislation: Qatar: New law eliminates an employer’s ability to prevent a foreign national employee from exiting the country New law, pertaining to an employer's ability to prevent a foreign national employee from exiting the country, removes the requirement for employees to obtain a no objection certificate (NOC) from their employer in order to exit the country. » 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 and Associates

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Impending Changes of Legislation: Romania: New rules for the providers of job placement services The Government has issued a Decision regulating new rules for EU/EEA based companies that provide job placement services for Romanian employees looking for employment abroad, similar to the ones imposed on Romanian agents that provide job placement services. » 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

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Latest Case Law: Spain: The National High Court has been pronounced on the calculation and enjoyment of paid leaves The National High Court, interpreting the jurisprudence of the Supreme Court on family paid leaves, considers that, with the exception of the marriage paid leave (long paid leave), all others (short paid leave) must begin on a work day, and in the calculation they should only be taking into consideration working days. Conversely, the marriage leave must be calculated for calendar days. » 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 Suárez, Partner at Suárez de Vivero (www.bufetesuarez.com) at isuarez@bufetesuarez.com.

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Sweden | Advokatfirman Cederquist KB

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Latest Case Law: Sweden: Court ruling on discrimination, because of an applicant’s religious belief to refuse physical contact with the opposite gender The Labour Court ruled that an applicant for a position as interpreter was subject to discrimination when the hiring company cancelling the interview because the applicant, due to her religious belief, declined to shake hands with a representative of the company. » 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 Arab Emirates | Clyde & Co

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Impending Changes of Legislation: UAE: Cabinet Resolution Seeks to Support Individuals with Disabilities in the Workplace The law seeks to support individuals with disabilities in the workplace, and in particular those working for certain government and private sector organisations, by introducing a legislative framework in which such organisations are required to adhere to, with respect to their recruitment and employment practices. » 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 LLP

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Latest Case Law: UK: Disability discrimination: discrimination arising as a result of disability The Court of Appeal has considered whether discrimination arising as a result of disability occurred where the employer dismissed a disabled employee without knowing that the misconduct arose from their disability. » Read More
UK: Agency workers: zero hours contracts The EAT has found that an employee on a zero hours contract was an agency worker because of the temporary nature of his assignment. » Read More
UK: Privilege: iniquity exception to legal advice privilege Evidence does not have to be provided to a third party or court if it is privileged. Legal advice privilege applies to confidential communications between lawyers and their clients if it is made for the purpose of seeking or giving legal advice. However, legal advice privilege does not apply if the advice is given for the purpose of facilitating crime or fraud (the iniquity exception). The EAT recently considered whether an email that suggested 'cloaking' discrimination in a redundancy exercise was covered by legal advice privilege. » Read More

Impending Changes of Legislation: UK: No-deal Brexit: workplace rights technical notice The government has published a technical notice on workplace rights in the event of a no-deal Brexit. » Read More
UK: Corporate governance Draft legislation has been published to implement a package of corporate governance reforms aimed at increasing boardroom accountability. » 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.

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Other Observations: USA: NLRB’s Proposed Rule Adopts Pre-Browning-Ferris Joint-Employer Standard The National Labor Relations Board has announced that it will publish a “Notice of Proposed Rulemaking” in the Federal Register regarding its joint-employer standard. The proposed rule will adopt the pre-Browning-Ferris standard for determining if two or more employers are joint employers of employees. » 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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