On 20 July 2021, the French parliament definitively adopted the bill to combat climate change and strengthen resilience to its effects. Much criticised for its lack of ambition, notably by NGOs, this text was inspired by the work of the 150 members of the Climate Convention and includes a chapter on “adapting employment to the […]
Aug
25
2021
France: Employer’s Inexcusable Fault – Employee Warns of Death Threats is Subsequently Attacked
In case of an accident at work (or an occupational disease), the employer commits an inexcusable fault if it was, or should have been, aware of the danger to which the worker was subjected and if it did not take the necessary measures to protect him. The benefit of the inexcusable fault is automatic; the […]
Aug
25
2021
Chile: Labour Code Amendments Simplify and Update Legal Formalities Governing Electronic Documents
On 27 July 2021, the Chilean Labour Code was revised to recognise the legal validity of certain digital documents. The purpose of the reform is to update and simplify the signing of particular documents that require specific formalities in order to be enforceable. In this regard, the new rules state, among other things, that Termination […]
Aug
25
2021
Canada: Right to Sue Applications – WSIB Proceedings as a Shield
In a recent decision, the Workplace Safety and Insurance Appeals Tribunal (“WSIAT”) held that a grocery store manager was not entitled to sue a third party bakery (the “Bakery”) or its landlord after he was injured in a slip-and-fall in the shared parking lot outside the bakery. This case illustrates how companies may be able to […]
Aug
25
2021
Canada: Is Requiring Permanent Eligibility to Work in Canada Permissible?
In July of 2018, we wrote about Haseeb v. Imperial Oil Limited, 2018 HRTO 957. In this decision, the Human Rights Tribunal of Ontario (“HRTO”) found that requiring a job candidate to be a permanent resident of Canada ran afoul of the Human Rights Code (“Code”). The HRTO’s decision was recently appealed to, and overturned by, the Divisional Court. […]
Aug
25
2021
Australia: Landmark Decision on Casual Employment
High Court clarifies what it means to be a casual employee in Australia In the much-anticipated case of WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23 (“WorkPac”), the Australian High Court clarified what it means to be a casual employee in Australia. This recent decision can be characterised as a win for businesses […]
Aug
23
2021
Saudi Arabia: Impending Changes to Legislation
Decision of The Minister of Human Resources And Social Development No. 192891 Of 1442H approving the implementing regulations of the social security law (Cabinet Decision No. 211 of 1442H (corresponding to 17.11.2020)) setting out the process and eligibility for social security assistance. The Minister of Human Resources and Social Development have issued the Implementing Regulations […]
Aug
23
2021
Russia: Courts Discover New Grounds to Support Employees
Lately, Russian courts have demonstrated unprecedented creativity in supporting employees. In the latest example of this trend, the Moscow City Court recently overturned the consistent and long-held court practice on dismissals for multiple offences (case No № 33-25751/2021). The court reinstated the employee in her job, stating that the company violated the disciplinary procedure as […]
Aug
23
2021
Netherlands: Sick Employee – Suspend or Discontinue the Salary?
In principle, the sick employee is entitled to continued payment of salary for two years. In a number of cases, however, the employer may suspend or even discontinue the payment of salary. In practice, it is not always easy to distinguish the difference between suspension and discontinuation of salary. Suspension of salary The employer may […]
Aug
23
2021
Mexico: Extension for the Reform on Subcontracting
An Executive Order was published in the Official Gazette of the Federation on Saturday 31 July of this year amending Transitory Articles One, Three, Four, Five, Six and Seven of the “Executive Order amending, adding to and derogating various provisions of the Federal Labour Law; the Social Security Law; the Law of the National Workers’ […]