On 4 June 2019, it was published in the Federal Gazette the “Decree to add several provisions to the Social Security Law, the Social Security and Services Institute for State Employees and the Federal Labour Law” (the “Decree”). The Decree establishes the possibility that the Mexican Social Security Institute (“IMSS” by its acronym in Spanish) grants a license for medical care of children up to 16 years of age who have been diagnosed by the Institute with cancer of any kind. The license is granted when the child requires medical breaks during critical periods of treatment or hospitaliaation during medical treatment, including treatment for pain relief and palliative care
Jun
25
2019
Italy: The latest Court of Cassation ruling on collective dismissal and discrimination against female employees
The Supreme Court of Cassation recently confirmed the legislative principle according to which – in the context of a collective dismissal procedure – it is not possible to dismiss a percentage of female employees higher than the one existing in the area subject to the reorganisation
Jun
25
2019
India: The State Government of Karnataka has extended the exemption granted from the applicability of the Industrial Employment (Standing Orders) Act, 1946 to certain industries
The State Government of Karnataka issued a notification on 25 May 2019 (“Notification”) to extend the exemption from the applicability of the Industrial Employment (Standing Orders) Act, 1946 (“Standing Orders Act”) for another period of 5 (five) years for certain industries. The 10 (ten) industries that are exempted from the applicability of the Standing Orders Act are Information Technology industries, IT enabled services industries, startups, animation, gaming, computer graphics, telecom, business process outsourcing industries, knowledge process outsourcing industries and other knowledge based industries (“Exempted Industries”). The exemption will be applicable to entities operating in these Exempted Industries from the date the notification is published in the official gazette
Jun
25
2019
Germany: Less dismissal protection for top bankers
Germany has loosened its very strict requirements on dismissal protection. The new law however only applies to a very small group of employees – top bankers who are Material Risk Takers and have a high remuneration package. For banks, dismissals of top bankers will become easier as they no longer need to fear reinstatement, but instead courts can determine a severance amount
Jun
25
2019
Germany: Valid precontract on non-compete – no right of choice for employee
The Federal Labour Court held in a recent judgment that in the event of a valid precontract, the employee does not have a right to choose to comply with the non-compete against payment of the non-compete compensation, if the employer has previously decided against enforcement of the non-compete
Jun
25
2019
France: Moving towards reinforced social rights for digital platform workers
In response to the existing social insecurity for self-employed workers of digital platforms, a bill currently being debated in the French Parliament provides for the possibility for platforms to put in place social responsibility charters. This bill also aims, above all, to guarantee increased rights for the self-employed workers in this sector, while securing the economic model of these platforms: vocational training actions, right to disconnection, information on a guaranteed minimum fee … such would be some of the planned social rights
Jun
25
2019
France: Indemnity scale for dismissals without cause : the Supreme Court is seized regarding a request for opinion
As the rulings of Labour Councils continue to multiply, finding that scales of indemnity payments for termination without any real and serious cause, put in place by the Macron reform of 2017 are non-compliant with Convention No. 158 of the ILO and the European Social Charter, a Labour Court has decided to refer the matter to the Court of Cassation, using the referral procedure for an opinion of the High Court. It is expected to render its decision public on 8 July, but has in the past refused to comment on the legality of a law in the context of a request for an opinion
Jun
25
2019
EU: Court of justice obliges a working time registration system
In a landmark judgment of 14 May 2019, the Court of Justice decided that, in order to ensure the effectiveness of the rights provided for in the Working Time Directive (2003/88/EC) and the Charter of Fundamental Rights of the EU, Member States must require employers to set up an objective, reliable and accessible system that makes it possible to measure each worker’s daily working time
Jun
25
2019
Chile: Department of Labour case law
A labour contract termination in Chile must be communicated. The Department of Labour has recently issued a judgement stating that the communication means an irrevocable offer of payment and that the employer must honour the severance amount set forth in the letter. However, that judgement also recognises exceptions in which the offer cannot be enforceable
Jun
25
2019
Canada: Minimum Wage Rates Increase in Québec Effective 1 May 2019
On 1 May 2019, the Regulation to amend the Regulation respecting labour standards came into force in Québec, raising the province’s general minimum wage rate by 50 cents to $12.50 per hour. The minimum wage rate for employees in the Québec food industry who are partially compensated by gratuities has risen by 25 cents to $10.05 per hour