In 2017, the French Supreme Court recognised the possibility, expressed in Article L. 1321- 2-1 of the Labour Code, to include in a company handbook, a general clause that allows the employer to prohibit workers from wearing any religious, political or philosophical insignia when they are in contact with customers and clients. If this restriction […]
May
27
2021
Colombia’s Tax Authority Postpones Deadline for Implementation of Electronic Payroll System
Through Resolution N° 37, the National Directorate of Taxes and Customs (DIAN), the Colombian Tax Authority, has extended the calendar, giving two extra months in order to allow more time for the preparation work necessary for DIAN to implement the electronic payroll, according to the headcount on 1 August 2021, as follows: Group Enabling […]
May
27
2021
Colombia: President Sanctions and Passes the Work at Home Bill
After months of discussions in the Congress, ‘Work at Home’ has finally become law (Law 2088 of 2021). Law 2088 allows workers to temporarily perform their services outside of the usual workplace, bearing in mind the following guidelines: Temporary place: the law aims at regulating general work conditions to work temporarily from a different place, […]
May
27
2021
China: Court releases White Paper on Trials of Labour Dispute Cases involving Senior Executives
The Shanghai First Intermediate Court recently held a press conference to release the White Paper on Trials of Labour Dispute Cases involving Senior Executives, releasing ten typical cases during the period from 2019 to 2021, in order to inform the public. The main judicial rules embodied in these cases are as follows: the existence of […]
May
27
2021
China: Employer’s Defenses for not Reinstating Employment shall be Strictly Reviewed
The employee Ms. Xie joined the employer’s company in 2017, where she served as deputy director of the commerce department. In this role, she was mainly responsible for sales. The employer unilaterally terminated the employment with Ms. Xie, based on the reason that she had seriously violated the employer’s rules and policies. Subsequently, the employee […]
May
27
2021
Chile: Modernisation of the Labour Department
On 30 April 2021, Law No. 21.327 on “Modernisation of the Labour Department” (the ‘Law’) was published in the Official Gazette. Law No. 21.327 introduced the following changes: The obligation for employers to register the information contained in their labour contracts (including the circumstances of termination) via the Labour Department’s website, in order to allow […]
May
27
2021
Canada: Employer’s Failure to Comply with Termination Provision Renders it Unenforceable
The Ontario Superior Court of Justice held that an employer’s failure to abide by the very termination provision it drafted amounted to a repudiation of the employment contract. Furthermore, following the reasoning set out in the Ontario Court of Appeal’s recent decision in Waksdale v Swegon North America, 2020 ONCA 391 (“Waksdale”), the Court determined that […]
May
27
2021
Canada: Court Finds Employee Repudiated Employment Contract after Signing ‘Strike Notice’
In a recent decision from the Ontario Superior Court of Justice, a plaintiff seeking damages for wrongful dismissal was instead found to have repudiated her employment contract. This case is a good news story for employers dealing with difficult employees. The Court’s decision highlights that employees who misguidedly attempt to withhold their services as a […]
May
27
2021
Australia: Gig Economy Update
Australia’s second-largest food ordering and delivery platform, Menulog, has recently issued a press release announcing that it will “make a shift toward an employment model for Menulog food couriers in Australia, in order to enhance the life standards of couriers”, which will include: investigating avenues for employment by making an application for a new Modern […]
May
27
2021
Australia: Changes to Paid Parental Leave Mean Much More Flexibility for Parents
The Federal Government has amended its Paid Parental Leave (“PPL”) scheme so as to provide wider and more flexible options to families seeking access to PPL. The changes aim to introduce key aspects of the Government’s Women’s Economic Security Package (as announced in the 2018-19 Mid-Year Economic and Fiscal Outlook), which includes measures to support […]