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.
Dec
13
2018
Sweden: It was not considered discrimination to terminate the probationary employment of an employee on parental leave
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.
Dec
13
2018
Spain: The reasons of an agreed collective dismissal can not be reviewed in an individual claim
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.
Dec
13
2018
Romania could issue working permits to more foreign workers in 2019
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.
Dec
13
2018
Poland: The changes in the way of keeping employees’ personal files are getting closer
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.
Dec
13
2018
The Netherlands: Transition payment may also be owed after instant dismissal
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.
Dec
13
2018
Mexico: UPDATE Regarding the USMCA, the Commercial Agreement Between the United States, Mexico and Canada
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.
Dec
13
2018
Mexico: Mexican Labour and Social Welfare Ministry published the NOM 036 regarding ergonomic risk factors at work, identification, analysis, prevention and control
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.
Dec
13
2018
Italy: How to calculate the indemnity for illegitimate dismissal after the Constitutional Court judgment? The first interpretation of the Court of Bari
On September 26th, 2018, the Italian Constitutional Court declared the unlawfulness of Legislative Decree no. 23/2015 (better known as “Jobs Act”), in the part where it provides for the case of illegitimate dismissal of employees hired after March 7th 2018, an “increasing protection” system of penalties based only on the their specific length of service within the company.
Dec
13
2018
India: Ministry of Women and Child Development, India Issues Guidelines For Setting Up Of Crèche Facilities
The recently published Creche Guidelines brings across much needed clarity on the technical and specific requirements with respect to setting up a crèche facility.