Authors: Carol Zhu and Yinbing Chen The Cyber Administration of China recently released the Regulation on Security Assessment for Cross-border Transfer of Data (“Regulation”), which has been formulated to further administrate cross-border data transfer activities and promote the free and secured flow of data. The Regulation has been viewed as an important supplement to PRC […]
Jul
27
2022
Belgium: How to Find the Place Where the Employee Habitually Works
Author: Chris Van Olmen The competent jurisdiction for international workers: how to find the place where the employee habitually works. The concept of the “place where the employee habitually works” is an essential concept for determining which employment law is to be applied and which jurisdiction is competent. According to a recent case of the […]
Jul
27
2022
Austria: Implementation Status of EU Directive on Transparent and Predictable Working Conditions
Author: Anna Mertinz Directive (EU) 2019/1152 – Implementation Status in Austria There have not yet been any official steps concerning the implementation of Directive (EU) 2019/1152 into Austrian labour law. It cannot be foreseen when and how the Austrian legislator will implement the Directive or if any implementation actions are necessary at all. Below, please […]
Jul
27
2022
Australia: Restricting Non-Disclosure Agreements for Workplace Sexual Harassment Cases
Authors: Greg Robertson, Amy Zhang, Benjamin Niciak and Amelia Dowey Non-disclosure agreements (“NDAs”) may be restricted in Victoria under proposed reforms following a wide-ranging workplace sexual harassment review. The Victorian Government has also signalled support to ensure workplaces treat sexual harassment as an occupational health and safety issue. On 8 March 2021, the Victorian Government […]
Jul
27
2022
Argentina: Maternity Leave in Cases of Surrogacy
Author: Nicolás Grandi In the case “T, J v. PEN and others s/ Amparos y Sumarísimos”, Chamber No. 3 of the Federal Court of Social Security had granted a maternity leave to an employee who was not pregnant herself, but who was carrying out the conception of her baby through a surrogate mother, in a […]
Jun
29
2022
Brazil: Mass Termination of Employees should be Subject to Prior Discussion with the Union
Authors: Gabriela Lima, Mariana Fiorotto Pereira and Giovanna Prato On 8 June 2022, the Brazilian Supreme Federal Court (STF) rendered a decision in the Extraordinary Appeal No. 999435, with “general repercussion” (theme 638), establishing that mass termination of employees should be subject to prior discussion with the union. The decision of the STF was rendered in a […]
Jun
29
2022
Sweden: Legislative Changes to the Swedish Employment Protection Act
Author: Karolina Sundqvist Legislative changes to the Employment Protection Act (Sw. Lag (1982:90) om anställningsskydd) consist of new regulations regarding, inter alia, termination of employment, exemptions from the order of priority, costs during disputes regarding the validity of a termination, general fixed-term employment and temporary agency work. The following legislative changes to the Employment Protection […]
Jun
29
2022
Spain: Employees Working Remotely are Not Entitled to a Transportation Bonus foreseen in the related CBA
Authors: Iván Suárez and Pablo Samsó Sánchez In the last two years the number of companies and, consequently, employees who have embraced teleworking has been gradually increasing. This modality of work has caused that our law and caselaw outline how to apply the employee’s entitlements to this new reality. At the beginning, the tendency of […]
Jun
29
2022
Poland: Minimum Wage to Rise Twice in 2023
Authors: Prof. Arkadiusz Sobczyk, Ph.D. and Paula Nowak The minimum wage will increase twice in 2023. The government has adopted a draft law on the matter. The first one is to come into force in January and according to it, Poles are to earn at least PLN 3,383 gross. The second one will come into […]
Jun
29
2022
Netherlands: Advocate General considers whether Meal Delivery Workers are Employed under an Employment Contract
Author: Lydia Milders On 17 June 2022, Advocate General (‘AG’) De Bock advised the Supreme Court by means of her opinion on the interpretation and qualification of the agreements between Deliveroo and its meal delivery workers. The question at the heart of this case is whether Deliveroo’s meal delivery workers are employed under an employment […]