Casual or temporary workers have no automatic claim for co-employment rights. Retrenchment or termination of a worker without reason amounts to an unfair labour practice. Failure by employer to issue worker with notice of retrenchment/termination, or failure to pay the worker appropriate retrenchment/termination compensation would make the worker eligible for reinstatement.
A German District Employment Court ruled on 27 February 2015 that a termination based on late arrival to work is invalid because the employee could not arrive to work on time since she needed to take care of her children. Beforehand, the employer had moved the start time from 8 a.m. to 7 a.m. due […]
A German District Employment Court ruled on 6 June 2015 that a job advertisement which specifically requires applicants to have just finished their commercial training (“Berufsanfänger”), poses an indirect discrimination based on age. The court therefore awarded the plaintiff – a rejected applicant who had around ten years of work experience – damages in the […]
The Conseil d’État has acknowledged that where the Courts have ordered an employer to compensate employees for failure to comply with his duty to ensure their health and safety, the employer may sue the State, should there be fault on the authorities’ part which contributed to the harm at issue. Only where the employer has […]
The Social Security Financing Bill for 2016 was adopted on its 1st reading by Parliament. In particular, it proposes to lower the ceiling beyond which CSG and National Insurance dues are levied on the entirety of termination indemnities from 10 down to 5 times the annual Social Security ceiling. The Bill is now before the […]
Decree 2015-1327 dated 21st October 2015 published, re circulation, on an Internet site, of sentences passed for the offence of undeclared employment (JO dated 22 October 2015). DGEFP Circular /2015/303 dated 1st October 2015 issued, on subsidy to employers who recruit their first employee. Decree 2015-1359 dated 26 October 2015 issued, with rules for reliance […]
The Communist Party of China (CPC) announced, after its Fifth Plenary Session of the 18th Central Committee, that China will allow all couples to have two children, abandoning its decades-long one-child policy. We are expecting a new PRC Population and Family Planning Law and looking forward to new rules on maternity leave. Currently, expectant mothers […]
Recently, in order to attract more overseas talent to Shanghai, the Shanghai Housing Reserve Fund Management Committee published the Circular on Several Issues Regarding Foreign Personnel, Persons Acquiring Overseas Permanent (Long Term) Residence and Inhabitants from Taiwan, Hong Kong and Macau, Participating in Housing Reserve Fund System While Working in Shanghai. According to the Circular, […]
A recent judgment issued by the Tianjin No.1 Intermediary Court involved an employee, working under the Flexible Working Hours System (“FWHS”), who was terminated after failing to return to work after taking her annual leave. The employee filed a complaint with the Labor Arbitration Commission and then the Intermediary Court, seeking unpaid overtime as well […]
Canada elected a majority liberal government on October 19, 2015. At the beginning of November, Justin Trudeau was sworn in as the new Prime Minister of Canada. This is the first time in 10 years that Canada has elected a liberal government.