The Spanish government has recently enacted a new legal text regulating remote work, (Royal Decree Law 28/2020, of 22 September). This new regulation foresees a series of obligations and rights, recognised to both companies and employees, regarding flexible working hours, IT systems and data protection, among others. According to the new Royal Decree Law 28/2020 […]
Oct
20
2020
Norway: Big Win for Unions against the State in the Supreme Court
The Norwegian state argued that labour unions are not entitled to having their legal costs recovered, when helping union members to appeal administrative decisions. The Supreme Court did not agree
Oct
20
2020
Mexico: Sixth National Commission for the Employee Profit Sharing violates its Legal and Constitutional Mandate
On 18 September 2020, the resolution issued by the Sixth National Commission for the Employee Profit Sharing was published in the Federal Official Gazette. The resolution established that there were not enough ‘grounds’ to review and make an informed decision as to the Employees Profit Sharing percentage rate; therefore, the Commission determined that the percentage […]
Oct
20
2020
India: Parliament has passed Three New Labour Codes
In the month of September 2020, the Occupational Safety, Health and Working Condition Code, 2020; the Industrial Relations Code, 2020 and the Code on Social Security, 2020 have been passed by both the houses of the Indian Parliament, and they received presidential assent on 28 September 2020.
Oct
20
2020
EU: ECtHR allows Restriction of Freedom of Expression of Teacher who made his Controversial Views Public
The European Court of Human Rights (“ECtHR”) does not regard disciplinary sanction of teacher, who violated his duty of discretion, as a violation of the freedom of expression.
Oct
20
2020
Brazil: Federal Supreme Court recognises Constitutionality of Social Security Contributions on top of Vacation Bonus
On 28 August 2020, the Brazilian Federal Supreme Court (“STF”) ruled, by majority, for the legality of social security contributions paid on top of the 1/3 vacation bonus. In accordance with the decision, the 1/3 vacation bonus has a salary nature.
Oct
20
2020
Australia: Harmers Assists in Obtaining Landmark Award of $5.2 Million in Damages for Adverse Action and Breach of Contract
The Federal Court has recently awarded a landmark figure of $5.2 million to a senior employee of an ASX-listed software company. Mr Roohizadegan, represented by Harmers Workplace Lawyers, was successful in his claims that the respondents had contravened the general protections provisions of the Fair Work Act by terminating him after he made bullying complaints, and breached its contractual obligations in relation to the payment of incentives. The $5.2 million award comprises general damages, past economic loss, future loss of earning capacity and penalties. Given the significant award handed down in this decision, employers and senior management should be mindful of the importance of ensuring any termination process is managed properly
Oct
20
2020
The Romanian Labour Code was modified
Law no. 213/2020 modified the Romanian Labour Code by including professional third parties in the development of the labour relationship. Specialists in labour law and human resources can now assist both the employer and the employee during the individual negotiation, can be designated to conduct disciplinary inquiries on behalf of the employer and can act as a mediator in case of individual conflict
Oct
19
2020
China: Court rules on Termination of Employee who Unreasonably refused to Work at New Location
The court held that, if the employer has adopted appropriate measures to reduce the adverse impact caused by a relocation of the workplace, and the relocation did not amount to a fundamental barrier for employees to perform their work, then the employees shall continue to work at the new location
Oct
18
2020
UK: Data Protection – Consultation on Draft Statutory Guidance
The UK’s Information Commissioner’s Office (ICO) has launched a public consultation on its draft Statutory guidance, which sets out how it will regulate and enforce data protection legislation in the UK, including how it calculates fines. The draft statutory guidance seeks to: • Set out the nature of the ICO’s statutory powers and to be […]