Employees threatening their employers with sick leave is not an uncommon phenomenon. Additionally, to the loss of work force, the employer owes continued payment of remuneration. Therefore, an escape into sickness is a popular remedy. It is then often difficult to draw consequences because this is usually costly and not very promising for the employer. […]
Aug
23
2021
EU: CJEU accepts Employer’s Prohibition of Religious Signs in the Workplace if Based on a Genuine Need
The Court of Justice of the European Union has confirmed its previous case law, stating that companies can ban their employees from wearing any visible form of expression of political, philosophical or religious beliefs in the workplace. However, this prohibition must objectively be justified by the employer’s need to present a neutral image towards customers […]
Aug
23
2021
Dominican Republic: Applying the Principles of ‘Search for Material Truth’ and the ‘Apparent Employer’
In his claim, the employee sued the company ‘Diconfor’ when it was really spelled ‘Diconfo’ – that is without the letter ‘r’. Therefore, in applying the above principles, correspond to the judge, not the plaintiff, to verify if these were two companies and who the actual employer was. Key Action Points for Human Resources and […]
Aug
23
2021
Colombia: Execution of Employment Contracts by Electronic Means
Since 2018, the Colombian Ministry of Labour has contemplated the possibility for employers to use the digital signature and the electronic signature, to sign the employment contract and other documents related to the employment relationship. Decree 526 of 2021 is intended to guarantee that both the electronic and digital signature are as trustworthy as the […]
Aug
23
2021
Colombia: New General Biosafety Protocols
Issued on 2 June 2021, Resolution 777 of 2021 overturned all other Resolutions that contemplated protocols that were designed by the government for specific economic and social sectors. This Resolution has therefore, unified all previous protocols in order to reactivate the economy. Furthermore, this reactivation takes the following under consideration: vaccinated population over the age […]
Aug
23
2021
Colombia: New Measures to Promote Youth Employment
In order to fulfil the purposes of the Colombian National Development Plan 2018-2022, the government has promoted several legislative changes aimed at the reduction of unemployment rates among young employees (between 18 and 28 years old). In recent months the government has regulated two mechanisms as mutually exclusive (art 1.2.1.18.90, Decree 1625 of 2016, modified […]
Aug
23
2021
Colombia: Reduction of the Maximum Working Time from 48 to 42 Hours Per Week
Through Law 2101 of 2021, the Colombian Congress has gradually reduced the maximum working time in the country, without affecting or changing the salary of employees in the private sector. In order to reduce the maximum working time (MWT) of employees in the private sector, Law 2101 of 2021 modified article 162 of the Colombian […]
Aug
23
2021
China: Measures Released for Administration of Special Accounts for Paying Wages to Migrant Workers
The Ministry of Human Resources and Social Security, together with nine other departments, recently issued the Interim Measures for Administration of Special Accounts for Migrant Workers’ Wages in the Construction Sector (“Interim Measures“). The construction contractor’s establishment of such special accounts under the Interim Measures is to separate wage payments to migrant workers from other […]
Aug
23
2021
China: Guidance Issued for Protection of Labour Rights for Workers under New Forms of Employment
The Ministry of Human Resources and Social Security (“MOHRSS”) together with seven other departments, recently issued the Guiding Opinions on Protecting the Labour Rights and Interests of Workers under New Forms of Employment (“Guiding Opinions”). The Guiding Opinions stress to protect the labour rights and interests of workers under new forms of employment in the […]
Aug
23
2021
Australia: Additional Legislative changes introduced to tackle Workplace Sexual Harassment
Following the recent developments to address sexual harassment in the workplace (as outlined in our April 2021 Client Alert), on 24 June 2021, the Federal Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 (Bill). The purpose of the Bill is to improve and streamline the legislative frameworks that protect workers from sex […]