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 September 2019.

Browse by Country




Argentina | Allende & Brea

argentina-1.jpg

Latest Case Law: Argentina: An employee that suffers a drug addiction problem is protected against discriminative dismissal The Labour Courts of the City of Buenos Aires recently ruled that the dismissal of an employee that was suffering a drug addiction problem was discriminative and therefore, ordered the employer to pay him moral damages compensation » Read More

» Read all articles


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.

Back to Top ▲

Australia | Harmers Workplace Lawyers

Latest Case Law: Australia: The Full Federal Court holds that “day” in 10 days of paid personal/carer’s leave to be given “working day” construction The majority of the Full Federal Court of Australia has held for the purposes of section 96(1) of the Fair Work Act (Cth), that a “day” of paid personal/carers leave refers to a day of ordinary hours worked and not a notional day of 7.6 hours » Read More

» Read all articles


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.

Back to Top ▲

Belgium | Van Olmen & Wynant

Other Observations: Belgium: Practical Insights for the European Works Council The European Works Council Directive is an interesting and important tool for social dialogue, yet is still relatively unknown, which is why Van Olmen & Wynant organised an employment forum on the matter in September » Read More

» Read all articles



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.

Back to Top ▲

Brazil | TozziniFreire Advogados

brazil.jpg

Impending Changes of Legislation: Brazil: 2019 Brazilian Economic Freedom Act reduces the state intervention in the economy On 20 September 2019, the Brazilian federal government enacted Law n. 13,874 creating the so-called “Declaration of Economic Freedom Rights” aimed at reducing the current high level of bureaucracy in the Brazilian business environment » Read More

» Read all articles


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

Back to Top ▲

Chile | Cariola Díez Pérez-Cotapos

chile.jpg

Impending Changes of Legislation: Chile: Meaning and scope of Telemarketers law defined The Department of Labour sets out the meaning and scope of the Law of Telemarketers in Ordinary Opinion No. 4.088/024 of 26 August 2019. One of the missions of this law is the protection of the remuneration of these employees, avoiding discretion in the payment of bonuses or in any variable remuneration » Read More

» Read all articles



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.

Back to Top ▲

China | Zhong Lun Law

Latest Case Law: China: Brokerage agreement between company and individual streamer is not an employment relationship The court of second instance in Beijing ruled that the brokerage agreement between the company and the individual streamer reflects the establishment of a civil relationship, rather than an employment relationship. The liquidated damages agreed in the agreement are held to be enforceable against the individual » Read More

» Read all articles


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.

Back to Top ▲

Colombia | López & Asociados

colombia.jpg

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) regime for the exercise of the legal capacity for people with disabilities and ii) new guidelines issued by the Ministry of Labour for labour conciliations » Read More

» Read all articles


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.

Back to Top ▲

European Union | Van Olmen & Wynant

Other Observations: European Union: The new Commission is taking shape – von der Leyen’s plans for a social Europe Ursula von der Leyen, who will follow Jean-Claude Juncker as president of the European Commission in November, has presented her selection for the appointment of the new Commissioners, picking Nicolas Schmit as Commissioner for Jobs » Read More

» Read all articles


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.

Back to Top ▲

France | Flichy Grangé Avocats

Latest Case Law: France: Any employee exposed to a toxic substance may seek compensation from his employer An employee who justifies an exposure to a toxic substance that poses a high risk of developing a serious pathology and personal anxiety resulting from such exposure, may take action against his employer for failure to comply with the obligation of security. This is the ruling of the Court of Cassation in a judgment that opens the way to compensation for the damage suffered by former miners, because of their exposure to various carcinogenic substances. The financial stake is significant : in this case 700 employees claim compensation » Read More

Impending Changes of Legislation: France: Saving pension reform – the new retirement products may be available as of 1 October 2019 Following the publication of the Retirement Savings Reform Ordinance under the Pacte law, a decree specifies the contours of the new retirement savings plans. In particular, it sets out the information obligations of the manager, the conditions for gradually securing savings and the conditions for transferring funds from one account to another. It also determines the payment cap per employee. The new savings products can be launched from 1 October 2019 » Read More

» Read all articles


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.

Back to Top ▲

Germany | Pusch Wahlig Workplace Law

Latest Case Law: Germany: Statutory accident insurance protection also applies on a “trial day” An applicant, who injures himself during a “trial day” at a potential new employer, is covered by statutory accident insurance protection. A “trial day” should enable employers to select a suitable applicant, and therefore has an objective economic value » Read More
Germany: A business trip paid by the employer counts as working time and, therefore, this time has to be taken into account when determining the duration of the employment relationship in terms of the validity of a fixed-term Fixed-term employment agreements without objective grounds are only permissible under German law for a maximum duration of up to two years. Exceeding this maximum duration by only one day, due to a business trip, leads to an unlimited employment relationship, as a business trip paid by the employer is not part of the employee’s leisure time, but part of the employment relationship and therefore, counts as working time » Read More
Germany: Fixed-term employment without objective grounds is valid despite the general prohibition of pre-employment, if the previous employment relationship ended 22 years ago Following a ruling by the German Federal Constitution Court and changing its previous case law, the German Federal Labour Court had ruled in January 2019, that the limitation of an employment agreement not based on objective grounds is generally invalid if the employee has ever been employed by the same employer before. This case law has now been concretised by a new ruling from August 2019, whereas this prohibition of pre-employment does not apply if an employee is rehired by the same employer 22 years after the termination of his first employment relationship » Read More

» Read all articles


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.

Back to Top ▲

India | IndusLaw

Impending Changes of Legislation: India: Ministry of Labour and Employment proposes to amend the Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 The Employees’ Provident Funds & Miscellaneous Provisions Act, 1952 (“Act”) is one of India’s most important social security legislation for employees. The Bill has been introduced with the intention of addressing issues that have been the focus of several litigation proceedings in the past, especially ‘basic wages’ and ‘allowances.’ » Read More

» Read all articles


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.

Back to Top ▲

Italy | LABLAW – Studio Legale

Latest Case Law: Italy: Collective dismissal before and after “Jobs Act” The Court of Milan raises a question of difference in treatment before the European Court of Justice » Read More

» Read all articles





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.

Back to Top ▲

The Netherlands | Palthe Oberman

Impending Changes of Legislation: The Netherlands: Changes in employment law concerning on-call workers with effect from 1 January 2020 With effect from 1 January 2020, the employment law will be amended in some respects as a result of the Dutch Balanced Labour Market Act. This includes amendments in respect of on-call workers. On-call workers include employees working on the basis of a zero-hours contract or a 'min-max' contract (meaning a contract with varying working hours between a minimum and a maximum). The legislator wants to strengthen their legal position, because they face (too) much uncertainty about their income due to the varying working hours » Read More

» Read all articles


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.

Back to Top ▲

Norway | Storeng, Beck & Due Lund

Other Observations: Norway: Expert committee shall analyse the challenges in the working life of the future The government has decided that a committee representing trade unions and employers’ associations shall assess the legal framework for working life. The committee shall in particular analyse the different rules on employment and how to engage labour » Read More

» Read all articles


For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Kari Andersen, Partner at Storeng, Beck & Due Lund (www.sbdl.no) at kari.andersen@sbdl.no.

Back to Top ▲

Poland | A. Sobczyk & Wspolpracownicy

Impending Changes of Legislation: Poland: Changes in the rules for calculating the minimum wage from 2020 On 1 January 2020, the Act of 19 July 2019 amending the Act on Minimum Wages, shall come into effect. On the basis of the amendment, seniority allowances to which employees are entitled after reaching a specified period of employment (on the basis of separate legal acts, collective agreements or work regulations) will no longer be included in the employee's remuneration for the purposes of calculating the minimum wage. So far, this remuneration has not included: service anniversary award, retirement benefit, one-time disability benefit, overtime work remuneration and wage supplement for night work » Read More

» Read all articles


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.

Back to Top ▲

Romania | Magda Volonciu & Asociatii

Impending Changes of Legislation: Romania: The number of working permits for non-EU employees has been increased The Romanian Government took the decision to supplement the maximum number of new working permits that can be issued by the immigration authorities in 2019, from the initial 20.000 to 30.000 in consideration of the high demand for working permits » Read More

Other Observations: Romania: Local Labour Inspectorates sanctioned 1 in 5 employers that were controlled in August The General Labour Inspectorate announced that the local inspectorates applied administrative sanctions – fines to 515 of the 2.449 – more than 1 in 5 – employers that were controlled in August in order to verify working conditions » Read More

» Read all articles


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.

Back to Top ▲

Saudi Arabia | Clyde & Co

Impending Changes of Legislation: Saudi Arabia: Summary of recent legislative amendments Recently, there have been several legislative developments related to labour and employment law matters, chief among them: i) new resolution entered into force on 2 August 2019, approves an updated table of violations and penalties to the Labour Law and replaces the table previously issued; ii) new law entered into force on 7 August 2019, on female and nationalisation controls within the workplace, differentiates between different types of shopping or market areas and sets out the different environments and activities female employees may be employed; iii) new resolution, which also entered into force on 7 August 2019, sets out the framework in which female employees may be employed, including the sectors in which female employees may undertake night shifts, rules pertaining to work attire and wages and general facility requirements for female employees within different types of work environments; and iv) new law entered into force on 1 September 2019, provides for the use of Gregorian months and amends the payment date of unemployment insurance benefits » Read More

» Read all articles


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.

Back to Top ▲

United Kingdom | Clyde & Co

Latest Case Law: UK: Discrimination arising from disability – employer’s knowledge of disability The Employment Appeal Tribunal (EAT) decided that where an employer fails to make reasonable enquiries about an employee’s health issues, if the likelihood is that the employee would have continued to conceal their disability, then the employer could not reasonably be expected to know about the employee's disability » Read More
UK: Holiday pay for part year workers The Court of Appeal has ruled that holiday pay for a teacher who worked irregular hours on a permanent term-time, or so-called "part-year" contract, should be calculated using her average earnings over a 12-week period and not pro-rated according to the proportion of the year worked. The common practice of applying a cap of 12.07 percent of annualised hours, as suggested by ACAS, was incorrect » Read More

Impending Changes of Legislation: UK: Sick pay reform – Health is everyone’s business proposals to reduce ill health-related job loss All non-disabled employees could soon have a new right to request workplace modifications to assist in their return from sick leave. This new government consultation seeks views on this new right and other measures to reduce ill health-related job loss, giving emphasis on greater employer responsibility and involvement » Read More
UK: Extension of redundancy protection after return to work from maternity leave Before making a woman on maternity leave redundant, her employer must offer her a suitable alternative vacancy where one is available either with the employer or an associated employer. People taking adoption and shared parental leave are protected in a similar way. The government has been consulting on whether to expand this protection » Read More

Other Observations: UK: Revised immigration plans for no-deal Brexit The UK government has announced revised immigration arrangements that will apply in the event of a No Deal Brexit for EU national and eligible non EU national family members » Read More

» Read all articles


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.

Back to Top ▲

United States | Jackson Lewis P.C.

Latest Case Law: USA: Supreme Court’s Epic Systems Decision on Arbitration Interpreted Broadly by Labour Board An employer may lawfully issue to its employees a new or revised mandatory arbitration agreement containing a class- and collective-action waiver specifying that employment disputes are to be resolved by individualised arbitration, even if it was in response to employees opting into a collective action (such as a wage lawsuit), the National Labour Relations Board (NLRB) has ruled. The NLRB also concluded that the NLRA does not prohibit an employer from threatening to discharge an employee who refuses to sign such an agreement » Read More
USA: Labour Board – Misclassifying Worker as Independent Contractor Does Not Violate NLRA Employers no longer have to worry about incurring unfair labour practice liability if their classification of workers is mistaken » Read More

Impending Changes of Legislation: USA: Oregon Governor Signs Paid Family and Medical Leave Law Eligible workers will be permitted to take up to 12 weeks of paid leave under the new law beginning 1 January 2023 » Read More

» Read all articles



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.

Back to Top ▲


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 2019.

L&E Global CVBA is a civil company under Belgian Law that coordinates an alliance of independent member firms. L&E Global provides no client services. Such services are solely provided by the member firms in their respective jurisdictions. In certain circumstances, L&E Global is used as a brand or business name in relation to and by some or all of the member firms.

L&E Global CVBA and its member firms are legally distinct and separate entities. They do not have, and nothing contained herein shall be construed to place these entities in, the relationship of parents, subsidiaries, agents, partners or joint ventures. No member firm, nor the firm which authored this publication, has any authority (actual, apparent, implied or otherwise) to bind L&E Global CVBA or any member firm in any manner whatsoever.

L&E Global Knowledge Center

      

collect?v=1&tid=UA-126466387-1&cid=126466387&t=event&ec=email&ea=open&el=RECEPTOR&cs=newsletter&cm=LEGLOBAL&cn=ELTGLOBAL