Minimum wage increases to 12 Euros As expected, the Social Democrats have succeeded with one of their central concerns: The statutory minimum wage will be increased from currently 9.60 Euros to 12 Euros per working hour. This goes well beyond the already planned increase to 10.45 Euros by July 2022. If the increase to 12 […]
Dec
16
2021
France: Excluding Employees assimilated to the Employer in Works Council Elections is Unconstitutional
In an ex-post constitutional review, the Constitutional Council questioned, on 19 November, the case law of the French Supreme court excluding from the electorate employees assimilated to the head of the company, by virtue of a particular delegation of authority established in writing, and those effectively representing it before the staff representative bodies. Pointing to […]
Dec
16
2021
EU: EU Commission proposes Directive to offer Protection to Platform Workers
On 9 December 2021, the Commission launched a legislative proposal to improve the working conditions of people working through digital labour platforms, such as Deliveroo and Uber (Eats). The proposal seeks to ensure that persons working through digital labour platforms can enjoy the labour rights and social benefits they are entitled to. Therefore, in the […]
Dec
16
2021
Dominican Republic: Supreme Court affirms Workers may Request Salary Review if Labour Modality Changes
On 29 October 2021, the Third Chamber of the Supreme Court of Justice (SCJ) established that it is legitimate for the employee to request a review of his salary, if the employer changes the modalities of the labour service. The termination by the employer, because the employee did not comply with the new working hours, […]
Dec
16
2021
Czech Republic: Seemingly Trivial Flaws in Privacy Policies Do Matter
The Czech Data Protection Authority inspected a company’s data processing activities and identified discrepancies between the information presented in privacy policies and the reality of the situation. In sections devoted to providing information on recipients of personal data, the company published a list of processors, but by reviewing the respective contracts between the company and […]
Dec
16
2021
China: Provinces and Cities Nationwide Release Different Measures to Encourage Childbirth
The PRC Population and Family Planning Law was amended in August 2021, which now allows a couple to have three children. To be in line with this national law by early December, more than twenty provinces and cities under direct leadership of the central government in China, have started or completed the amendment of local […]
Dec
16
2021
China: Termination Based on Employee’s Insulting WeChat Moment Was Held Legitimate
Ms. Ye (the “employee”) joined the financial service company (the “employer”) and served as project manager. One day, the employee accused another female staff member of having improper relations with a colleague, supervisor and client, and used bad language in her WeChat Moment post. The employee posted this information around midnight and deleted the same […]
Dec
16
2021
Chile: Non-Attendance to Work Due to Illness Justifies Absence
The Chilean Supreme Court, on 23 November 2021, accepted a recourse seeking to reverse a ruling issued by the Second Labour Court of Santiago, which rejected a claim for unjustified dismissal and collection of benefits. The appeal for annulment filed by the employee was also rejected by the Court of Appeals. The recourse known as […]
Dec
16
2021
Canada: Read Before you Click – Court of Appeal Finds No Entitlement to Unvested Stock Options
In Battiston v. Microsoft Canada Inc. the Court of Appeal for Ontario recently held that an employee who provided online confirmation that he had read his employer’s stock option agreement was bound by the provisions within, notwithstanding the fact that he had not actually read them. Background Fransic Battiston was employed by Microsoft Canada Inc. for almost […]
Dec
16
2021
Canada: Supreme Court concludes Arbitrators can have Exclusive Jurisdiction over Human Rights Disputes
In Northern Regional Health Authority v Horrocks, 2021 SCC 423, (“Horrocks”) the Supreme Court of Canada held, in a 6-1 ruling, that the Manitoba Human Rights Commission did not have jurisdiction to hear a human rights dispute in a unionized workplace. Rather, the Court ruled that, given the legislative framework in Manitoba, labour arbitrators have exclusive […]