The Wage and Hour Division (WHD) of the Department of Labor (DOL) has reissued a 2009 opinion letter (PDF), effectively withdrawing enforcement guidance that made the tip credit under the Fair Labor Standards Act (FLSA) unavailable for tipped employees who spend more than 20% of their time performing allegedly non-tip-generating duties.
On 6 December 2018, the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018 (Bill) passed both Houses of Parliament. The Bill will come into effect on a date to be announced.
A baker was terminated with notice due to redundancy after the employer’s decision to close down a bakery. While the Labour Court found that there was a real redundancy situation at hand, the dismissal was unlawful since the employer had not properly investigated the possibility to relocate the baker elsewhere within the business.
An employee’s probationary employment was subject to early termination after a period of absence due to pregnancy and childbirth. The Labour Court found that the termination in connection with maternity was not discriminatory since circumstances presented by the employee did not suggest that discrimination had occurred.
The Supreme Court has declared that the reasons for a collective dismissal can not be reviewed in individual lawsuits, when the Consultation Period has ended with an agreement between the company and the Employee’s Comitee, and when the agreement has not been challenged.
The Labour Ministry has published a project for a Government Decision establishing the maximum number of working permits that could be issued in 2019 for workers outside the EU and EEC. The maximum contingent announced by the Labour Ministry is the largest to date. The project is subject to public discussions and the maximum contingent could be modified by the date of the enforcement of the decision.
On January 1st 2019 amendments to the Polish Labour Code are coming into force. The changes have been enthusiastically received by HR personnel. It was commented that the changes would improve managing of personal files, and that the amendments reflect the current realities and circumstances in the field of HR.
Can an employer still owe a transition payment after a justified instant dismissal? The law states that a transition payment is not owed if the employee acted seriously culpable. Instant dismissal requires an urgent cause, but it is imaginable that the employee cannot be blamed for that cause in every case.
Mexico (December. 2018): UPDATE Regarding the USMCA, the Commercial Agreement Between the United States, Mexico and Canada.
The USMCA seeks to obligate the parties to enact legislation to comply with labour practices that guarantee the enforcement of the fundamental principles and rights at work, of the International Labour Organization (ILO).
Mexico has enacted substantial changes in its Federal Constitution to reinforce freedom of association and the right to collective bargaining, as well as drastic changes to the labour justice system substituting the current Labour Conciliation Boards by Labour Courts dependent to the judicial branch.
The new administration is about to introduce a bill to reform the Mexican Labour Code, reforms which will enforce the new constitutional reforms, and the implementation of ILO’s Convention 98 on freedom of association and collective bargaining, Convention that has been recently ratified by the Mexican Senate. This new legislation is also in line with the commitments that Mexico undertook in Annex 23-A of the USMCA.
The Labour and Social Welfare Ministry published NOM 036 regarding ergonomic factors at work. The NOM 036 establishes the elements to identify, analyse and prevent ergonomic risk factors, as well as to promote healthy and safe work environment.
From the Nom 036, we may highlight the following key points:
- The NOM 036 will be applicable to activities where the volume of the handling material is over 3 kilograms.
- The employer shall: Adopt prevention measures in order to reduce, eliminate and prevent ergonomic risks factors in the workplace; Perform health surveillance of workers; Inform employees about possible health alterations that they may suffer derived from the load handling; Provide training and coaching to exposed employees on safety procedures and safe work practices.
Employees are a vital point of this NOM 036; given that this NOM 036 protects and prevents work accidents due to the bad coaching and training that companies may give to their employees.