The Government of India, via a notification dated 25 September 2019, has amended certain provisions regulating apprentices in India, chief among them: i) new guidelines for organisations to engage apprentices (eligibility provisions plus mandatory obligations); ii) revised monthly stipends payable to the different kinds of apprentices; iii) an apprentice shall not be considered a worker and therefore the laws pertaining to labour shall not apply to an apprentice; and iv) requirements for organistions to engage apprentices, within a financial year, based on the percent of the total strength of the establishment
Oct
25
2019
Germany: Employees in old age part-time in the so-called block model do not acquire vacation claims for the duration of their release phase
Employees in the so-called “block model” for the old age part-time, which splits the period of the old age part-time into a working phase and a release phase, due not accrue claims for vacation during the release phase of their old age part time, because he/she did not actually perform any work and thus is not comparable to employees who did. This ruling provides legal certainty to employers regarding vacation entitlements of old age part-time employees, and safeguards employers from unexpected payment obligations for vacation days for the period of the release phase
Oct
25
2019
France: Exceptional purchasing power premium will be extended
The exceptional power of purchase bonus scheme, exempt from social security contributions, taxes, levies and income taxes, that was created at the end of 2018, will be renewed for the year 2020. It will come with a major change however: the exemption from contributions and taxes attached to this bonus could be conditioned by the existence or the implementation of a profit-sharing agreement. This renewal is currently being examined by Parliament this autumn, in view of its entry into force at the end of the year
Oct
25
2019
France: The saga of the Macron dismissal indemnification scale continues
Court of Appeal admits that it is possible to rule out the application of the scale when an application of the ceiling would result in a disproportionate infringement of the employee’s rights
Oct
25
2019
European Union: Court of Justice rules that occupational illness can be seen as a disability
In a new judgement, the CJEU has applied its broad definition of ‘disability’ in light of the UN Convention on the Rights of Persons with Disabilities, and finds that an occupational illness can be qualified as a disability within the framework of EU discrimination law
Oct
25
2019
Colombia: Summary of recent legislative amendments
In the past month, there have been several legislative developments related to labour and employment law matters, chief among them: i) newly defined measures regarding the implementation of the biannual family day and ii) new regulation of the anticipated old-age pension for parents of a disabled child
Oct
25
2019
Chile: Change in the procedure for foreigners to leave Chile
On 1 October 2019, the Department of Immigration published Circular N°29, which provides new measures to facilitate the departure from the country of foreigners who are processing residence permits
Oct
25
2019
Canada: Court of Appeal for Ontario Finds Another Termination Clause Unenforceable
In the recent case of Andros v. Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal held that a termination clause was unenforceable, despite the fact that it explicitly referred to statutory minimums. The Court of Appeal also found that the employee was entitled to a prorated share of an annual bonus during the common law notice period, even though the bonus only became payable after the expiry of the notice period
Oct
25
2019
Belgium: Sanction for motivation of dismissal without registered letter – excessive formalism?
If an employee, in accordance with national Collective Bargaining Agreement no. 109, requests the concrete reasons for his or her dismissal by registered letter, the employer must also provide them by registered letter. If the communication has been made by other means, the employee can claim payment of a fixed fine. This does not constitute an abuse of rights
Oct
25
2019
Federal Court of Australia finds that reliability and credibility issues insufficient to discharge reverse burden of proof
The Federal Court of Australia has upheld an appeal from the Industrial Magistrates Court of Western Australia, finding that an employer had failed to disprove underpayment allegations made by a pair of former visa workers that it had employed