On 31 July 2019, the Protocol for the Legitimation of Existing Collective Bargain Agreements was published in the Official Journal of the Federation. The objective of this Protocol is to establish the procedures and mechanisms for compliance with provisions contained in the amendment to article 123, published In February 2017, as well as the international agreements assumed by Mexico to the effect that, within a period of four years, counted as from 1 May 2019, all existing collective bargaining agreements will be reviewed at least once during that period
Aug
28
2019
Germany: Latest developments in vacation law: An overview of the latest case law and a practical guide for employers
In order to comply with the latest case law concerning vacation law, the employer will need to provide its employees with substantial information regarding their vacation entitlement to enable the forfeiture of vacation not taken
Aug
28
2019
Germany: Extraordinary dismissal without notice for defamation via WhatsApp
An employer may be entitled to extraordinarily terminate the employment relationship with an employee, who makes untrue allegations about other colleagues via WhatsApp, which are likely to seriously damage a colleague’s reputation
Aug
28
2019
France: By 1 September 2019, companies with a workforce of 250 to 1,000 employees must have calculated and published their “equal pay” index
Amongst the measures to enter into force during the 2nd half of 2019: by 1 September 2019, companies with a workforce of 250 to 1,000 employees must have calculated and published their “equal pay” index. As for occupational training and its funding calendar: by 15 September 2019, companies must have put up an advance corresponding to 75 % of the dues designated for training purposes. The new procedure for acknowledging the occupational nature of an illness or accident, will apply to all such events declared from 1 December 2019 onwards
Aug
28
2019
France: Permission to dismiss may be struck down where it can be shown that the employer knew that the protected employee held a representative mandate outwith the company as such
In order for a Labour Inspector to validly consider a request for permission to dismiss, he must take into account all mandates held by the protected employee, including those outwith the company as such, i.e. representative mandates that do not concern the company directly. The Conseil d’État has just stressed that the employee will be entitled to protection, if it can be shown that by the date on which the preliminary hearing was held, the employer had learnt of the mandate(s), whether from the employee himself or in some other way
Aug
28
2019
EU: Directive on Transparent and Predictable Working Conditions entered into force
Directive 2019/1152 on Transparent and Predictable Working Conditions, one of the main social achievements of the Commission Juncker, has been officially published on 11 July 2019 and entered into force on 31 July 2019. The member states now have three years (until 1 August 2022) to comply with its provisions
Aug
28
2019
Colombia: Summary of recent labour and workplace related issues
Throughout the month of July, two main modifications regarding labour law and workplace related issues have taken place, chief among them: i) criteria for authorising the termination of employment contracts and ii) instruments for the evaluation of psychosocial risk factors
Aug
28
2019
Chile: Latest follow up on the huge discussion to come: Bill on Reducing Working Hours per Week
A huge discussion is underway in Chile, related to weekly worked hours limitations. Now the Government has issued its own bill of law, to diminish from 45 maximum workable hours per week to 41 (average), among other changes, and to implement the diminution in a gradual way
Aug
28
2019
Canada: Modernisation of the Canada Labour Code and Changes Effective 1 September 2019
Bill C-86 introduced a number of amendments to the Canada Labour Code. The bill subsequently received royal assent on 13 December 2018. These amendments will come into effect beginning on 1 September 2019. This article provides a summary of some of the key changes
Aug
27
2019
Brazilian Congress approves the Provisional Measure of Economic Freedom
On 21 August 2019, the Senate approved the final text for conversion into law of the provisional measure 881/2019, the so-called “Provisional Measure of Economic Freedom”. The new rule, which will still have to go through the presidential approval process, seeks to reduce the bureaucracy of entrepreneurial activities, especially those at low risk. If approved, it will affect several different aspects of Brazilian law, including labour