Guidelines have been issued for initiating and conducting inquiries against employers; ascertaining the applicability of provident fund benefits to employees; and for determining sums due from the employer
Feb
22
2020
Germany: Consultation of representative body for severely disabled employees prior to transfer
The representative body for severely disabled employees must only be involved in transferring disabled employees, if they have already been recognised as severely disabled. If the recognition of severe disability has only been applied for, the representative body does not need to be involved. This applies even if the employer knows that the employee has applied for recognition of their severe disability, which is then recognised retroactively
Feb
22
2020
Germany: Failure to invite severely disabled applicant can result in compensation risk
If an employer does not invite a severely disabled applicant for an interview, a discrimination has not necessarily occurred. However, not inviting a severely disabled applicant indicates a discriminatory treatment. Therefore, the applicant is entitled to compensation if the employer cannot prove that a discrimination has not occurred
Feb
22
2020
France: The Loi Pacte’s staff thresholds are now law
The loi pacte has created new rules regarding thresholds in terms of staff headcount in companies. This much anticipated reform offers greater clarity as to which obligations concern which size businesses. There is a simplification via the reduction in the number of different thresholds and only the companies that have crossed a threshold sustainably will be subject to the obligations
Feb
22
2020
France: Limits to the freedom of expression of trade union representatives
Though public officials who perform trade union functions benefit from the particular freedom of expression required for the exercise of their mandate and for the defence of the interests of the staff they represent, this freedom is not unlimited and must be reconciled with their ethical obligations. In particular, aggressive words or behaviour towards a superior or other staff member may, even though they do not constitute a criminal offence, be characterised as misconduct of such a nature as to justify a disciplinary sanction
Feb
22
2020
European Union: Restricting the grant of a benefit introduced for top-level athletes to citizens of that Member State is a violation of the freedom of movement for workers
The freedom of movement for workers, which provides that a worker who is a national of one Member State should be able to enjoy the same social advantages as national workers in another Member State, precludes legislation which makes receipt of an additional benefit paid to certain high-level athletes, who have represented that Member State or its legal predecessors in international sporting competitions, conditional upon the person applying for the benefit having the nationality of that Member State. The Court esteems that such a benefit has attributes of the integration of the migrant worker into the Member State, and therefore achieves the objective for the freedom of movement for workers
Feb
22
2020
Colombia: Summary of Recent Labour and Employment Law Developments
In the past month, there have been several labour and employment law developments, chief among them: i) increase in the apprentices’ monthly support and ii) new permanence permit will allow Venezuelans to work in Colombia
Feb
22
2020
China: Different Provincial and Municipal Governments Announce Policies to Support Employers during Epidemic Period
The outbreak of the novel coronavirus pneumonia has caused financial difficulty to numerous employers in China. To support employers and help them to pull through during the epidemic period, different provincial and municipal governments have announced policies that help ease the burden on employers with respect to individual-employee costs that continue to become payable on a regular basis, such as salary and contributions for social insurance
Feb
22
2020
China: Judicial Opinions on Civil Disputes Concerning Coronavirus Outbreak Prove Relevant for Employment Disputes
The High People’s Court of Zhejiang Province recently issued judicial opinions on hearing civil disputes related to the novel coronavirus pneumonia, which shall serve as a reference for employers to deal with employment disputes caused by the coronavirus outbreak
Feb
22
2020
Chile: Supreme Court rules on constitutional remedy to guarantee fundamental constitutional rights
The removal of a pregnant replacement employee can only be obtained through the procedure provided by law, even if her employment agreement has already expired according to the terms established within the agreement