The RESOLUTION through which the alert status due to COVID-19 was changed to a red traffic light was published last Friday afternoon in the Official Gazettes of Mexico City and the State of Mexico, thus ordering the temporary suspension of all non-essential activities from December 19, 2020 to January 10, 2021. In accordance with the […]
On December 16, 2020, the National Commission on Minimum Wages (“CONASAMI”) issued a resolution to establish increases to the minimum wage for 2021. This resolution established that: The general minimum wage will be increased from $123.22 to $141.70 The minimum wage of the Border Free Zone will be increased from $185.56 to $213.39 Two professions […]
A clause on variable remuneration, which is based on the objectives achieved on 31 December each year and that requires the worker to remain in the company on that date, is declared valid. This way, if the worker leaves the company voluntarily, the fact of denying the variable payment is not solely a decision of the company and neither does it produce unjust enrichment for the company. Furthermore, the worker’s right to receive the agreed remuneration is not infringed.
As of 14 December 2020, New South Wales employers are no longer obliged to allow employees to work from home where they can practicably do so, as restrictions under the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 5) 2020 have eased. However, employers still have a duty to ensure, as far as reasonably practicable, the health and safety of employees and others is protected. Further, employers are still strongly encouraged to have COVID-19 safe plans to protect the community and prevent the spread of COVID-19, and in preparation for more employees physically returning to the workplace. Victoria continues to require employees to work from home, unless employees cannot perform their role from home or another location; while Queensland and South Australia do not currently have any such directions in place
The Senate of the Republic has approved the decision sent by the House of Representatives that reforms Article 311 and adds Chapter XII BIS to the Federal Labour Law on Teleworking Matters
The Government has been working for years on new legislation for self-employed persons; how to define an independent contractor and an employee. In principle, the current law – the Assessment of Employment Relationships (Deregulation) Act – still applies. However, because this law turned out to be practically unworkable and new definitions of workers are still not implemented, the enforcement of tax authorities have always been suspended
The Supreme Court ruling of 6 November 2020, held that the parties’ intention is no longer relevant for the qualification of an employment contract
The state of alert was extended by the Government for an additional 30 days starting 14 December under similar conditions as previously established. Restriction of movement between 11 p.m. and 5 a.m. is still in place nationwide. A number of cities are under quarantine under stricter rules.
Most of 2020 has been tumultuous for employers and their management liability insurers and brokers. Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related employment complaints filed approaches 1,000.
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public input on its updated Compliance Manual on Religious Discrimination.