In calculating the level of fair compensation, the court must however take account of the fact that the fair compensation is funded out of public funds
Feb
26
2019
Mexico: Supreme Court of Justice rules that HIV/AIDS testing for health employees as a requirement for recruiting is discriminatory
HIV/AIDS tests practiced by health institutions to medical doctors, must fulfill the following: 1. They should never be practiced before recruitment; 2. They should not give grounds to dismiss the employee;3. They can only be practiced in specialties, medical areas or activities in which, in effect, there is a reasonable and objective risk of infection to staff or patients, according to the nature of the respective medical work and in general, not individualised; 4. The results of the HIV/AIDS tests should not be published and may only be disclosed to people or workers who, strictly speaking, are responsible of implementing the necessary measures for the protection of the health of medical staff and patients
Feb
26
2019
Italy: “Citizenship income” and the so-called “Quota 100” retirement scheme entered into force
On January 29, 2019, after the Government approval, the Law Decree introducing “citizenship income” and the so-called “Quota 100” retirement scheme entered into force, with the publishing in the Official Journal
Feb
26
2019
India: Amendment of the Industrial Disputes (Central) Rules, 1957, Payment of Bonus Rules, 1975 and Minimum Wages (Central) Rules, 1960
In order to bring in consistency in the time period of filing returns, the Ministry of Labour and Employment has amended certain labour legislations, providing a uniform time period for employers to file statutory returns, making it easier for the employers to ensure compliance with law
Feb
26
2019
Germany: If the employment relationship ends due to the employee’s death, his heirs may claim financial compensation for untaken holidays towards the employer
German law provides that an employee is entitled to payment of compensation for holidays that can no longer be granted either in full or in part due to the termination of the employment relationship. The German Federal Labour Court now ruled that this also applies in cases where the reason for the termination of the employment relationship is the employee’s death. In such case, the compensation claim is transferred to the employee’s heirs, who may assert it against the employer
Feb
26
2019
Germany: German Federal Labour Court changes its case law: the limitation of an employment agreement not based on objective grounds is generally invalid if the employee has ever been employed by the same employer before
The German Federal Labor Court has ruled that limiting the term of an employment agreement without objective grounds justifying such limitation is invalid in case of an employee who already worked for the same employer eight years earlier for a duration of one and a half years. Due to the invalidity of the fixed term, the employment agreement is deemed to have been concluded for an unlimited period
Feb
26
2019
France: Measuring equal pay for women and men – The administration sets the timetable and publishes a calculator for companies with more than 250 employees
As part of the new obligations to eliminate wage gaps between women and men, companies must release their results from 1 March 2019, according to a schedule defined according to the company’s headcount. The administration has clarified these calendars and has distributed a spreadsheet to facilitate the work of companies
Feb
26
2019
France: When there is no vitiated consent, moral harrassment does not nullify a mutually agreed termination
In the absence of any vitiated consent, the existence of acts of moral harassment does not in itself affect the validity of the termination agreement. An employee who establishes that the conventional breach of his employment contract occurred in a context of moral harassment, cannot therefore request its cancellation if he does not invoke a lack of consent
Feb
26
2019
China: Shandong government released measures on stabilization of employment and regulation of employers’ layoffs
Shandong government released guidance which allows employers to be refunded with contribution for unemployment insurance if no major layoff is taken and emphasizes the role of employee representative congress in company’s layoff process
Feb
26
2019
China: The Employer is held not liable against the Employee due to Employee’s own duties of HR management
The Employer fails to enter into written employment agreement with the Employee. The Court of First Instance and the Appellate Court both upheld that the Employer shall not be liable to the said employment irregularity nor pay any compensation because the Employee is responsible for company’s HR management