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 […]
Dec
19
2020
Mexico: Minimum Wage Increase for 2021
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 […]
Dec
17
2020
Spain: Is it lawful to condition Payment of Variable Remuneration on the Worker Remaining with the Company on 31 December?
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.
Dec
16
2020
Australia: Restrictions under the Public Health Order lifted in New South Wales
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
Dec
16
2020
Mexico: Senate approves Reforms on Teleworking Matters
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
Dec
16
2020
Netherlands: Update on New Legislation for Self-employed and Suspension enforcement of Tax Authorities
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
Dec
16
2020
Netherlands: Intention of the Parties is no longer relevant for the Qualification of an Employment Contract
The Supreme Court ruling of 6 November 2020, held that the parties’ intention is no longer relevant for the qualification of an employment contract
Dec
16
2020
Romania will remain under State of Alert for at least 30 more days starting 14 December
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.
Dec
15
2020
USA: Impact of COVID-19 Pandemic on Employment Litigation in 2020
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.
Dec
15
2020
USA: EEOC’s Proposed Revision of its Guidance Manual on Religious Discrimination
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is seeking public input on its updated Compliance Manual on Religious Discrimination.