We are pleased to present you with the L&E Global Employment Law Tracker for August 2022, our monthly bulletin specifically designed to help employers stay up-to-date on the latest global workplace trends. 
BROWSE BY COUNTRY
Argentina • Australia • BelgiumCanada • Chile • China • Dominican Republic • European UnionFrance • Germany • The NetherlandsNorway • Poland • Switzerland • United States

ARGENTINA • Allende & Brea

Argentina: Key Issues

  1. Labour authorities allow employees to receive payment in foreign currency (e.g., the dollar instead of the Argentine peso).

Argentina: Salary Payments in Foreign Currency

National Labour Courts have admitted the possibility of paying employees in foreign currency. » Read More

For more information on these articles or any other issues involving labour and employment matters in Argentina, please contact Nicolás Grandi (Partner) of Allende & Brea at ngrandi@allende.com or visit Website of Allende & Brea.

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AUSTRALIA • Harmers Workplace Lawyers

Australia: Key Issues

  1. Newly elected Federal Government intending to reform many key areas of workplace relations.
  2. Government commits to act as a model employer when utilising non-permanent employment.
  3. Proposed legislative reform to support women in the workforce, including paid family and domestic violence leave.
  4. Proposed legislative reform to criminalise wage theft at the federal level.
  5. Proposed legislative reform for minimum entitlements of labour hire workers, gig workers and casual employees.
  6. Proposed legislative reform for enterprise bargaining.

Australia: The Future Direction of Workplace Relations for the New Federal Government

The newly elected federal Labor Government will be seeking to reform some key aspects of Australia’s workplace relations system. This update provides an overview of the main areas of reform that the new Government proposes to implement. » Read More

For more information on these articles or any other issues involving labour and employment matters in Australia, please contact Michael Harmer (Partner) of Harmers Workplace Lawyers at michael.harmer@Harmers.com.au or visit Website of Harmers Workplace Lawyers.

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BELGIUM • Van Olmen & Wynant

Belgium: Key Issues

  1. Communicating an employee’s sensitive health data to employees other than those whose job requires that they know (the HR staff) and including this data in the minutes, requires a specific separate basis to be considered ‘lawful processing’ as per the GDPR.

Belgium: Disclosing Personal Health Information during HR-meeting on Dismissal Violates GDPR

The Belgian national data protection authority (DPA) has recently reprimanded a public authority, following a complaint for a breach of GDPR-rules concerning the data processing of personal health information, filed by a dismissed employee. » Read More

For more information on these articles or any other issues involving labour and employment matters in Belgium, please contact Chris Van Olmen (Partner) of Van Olmen & Wynant at chris.van.olmen@vow.be or visit Website of Van Olmen & Wynant.

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CANADA • Filion Wakely Thorup Angeletti

Canada: Key Issues

  1. Effective 1 July 2022, the costs associated with COVID-19 related claims, as well as the corresponding claim count, will be applied in the calculation of premium rates. This change will apply to only claims with an accident date on or after 1 July 2022. The policy change likely results from the recent lifting of most pandemic-related public health restrictions and the increased risk of community infection.
  2. Recent decision reinforces an employee’s right to privacy in the workplace, especially in respect of public sector employees who may be entitled to the Charter protections in their employment relationship.
  3. Employers who meet the 25-employee threshold requirement must have a written policy on the electronic monitoring of employees in place by 11 October 2022.
  4. Federally regulated employers with 100 or more employees need to be aware of the new paid medical leave provisions, which will come into force on or before 1 December 2022, and how they will be implemented.
  5. Under the COVID-19 Worker Income Protection Benefit program, employers may be entitled to reimbursement of the statutory IDEL pay that they provide to their employees. The maximum reimbursement amount is $200 per each day of IDEL taken per employee. Claims for reimbursement must be submitted to the Workplace Safety and Insurance Board within 120 days of when the employer paid the employee’s IDEL pay or by 29 July 2023, whichever is earlier.

Canada: WSIB Policy Shift: Schedule 1 Employers Responsible for COVID-19 Claim Costs Effective 1 July 2022

Schedule 1 Business Accounts are now affected by COVID-19 claims. » Read More

Canada: Court of Appeal Upholds Employees’ Right to Privacy

On 21 June 2022, the Court of Appeal for Ontario issued a decision that reinforces an employee’s right to privacy in the workplace, specifically for teachers employed by a public school board to whom the Charter of Rights and Freedoms applies. » Read More

Canada: Ministry of Labour Releases Interpretive Guidance on Electronic Monitoring Policies

When the Employment Standards Act, 2000 (“ESA”) was amended earlier this year to require certain employers to implement a written policy on the electronic monitoring of employees, many were left wondering what the policy should look like. The Ministry of Labour has now released useful guidance regarding the new ESA requirements, including the required contents of the policy and how the requirements will be enforced. » Read More

Canada: Federal Government Proposes Regulations Addressing New Canada Labour Code Paid Medical Leave Entitlement

Parliament has amended the Canada Labour Code to provide federally regulated employees with up to 10 days of paid medical leave per year. These amendments and the new paid leave entitlement have not yet come into force. Until August 15, 2022, employers and stakeholders can comment on the proposed regulations as part of the Federal Government’s consultation process. » Read More

Canada: Paid Infectious Disease Emergency Leave Extended to 31 March 2023

On 21 July 2022, the Ontario Government announced that the COVID-19 Worker Income Protection Benefit would be extended to 31 March 2023. The benefit program reimburses employers for providing paid days of infectious disease emergency leave (“IDEL”). » Read More

For more information on these articles or any other issues involving labour and employment matters in Canada, please contact Robert Bayne (Partner) of Filion Wakely Thorup Angeletti at rbayne@filion.on.ca or visit Website of Filion Wakely Thorup Angeletti.

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CHILE • Cariola Díez Pérez-Cotapos

Chile: Key Issues

  1. As of 1 August 2022, the minimum monthly income increased to $400,000 Chilean pesos.

Chile: New Law adjusts Minimum Monthly Income

Under Law No. 21,456, several changes were made to the minimum legal wage. The first was applied on 1 May 2022. A second update came into effect on 1 August, increasing the minimum wage to $400,000 Chilean pesos, among other matters. » Read More

For more information on these articles or any other issues involving labour and employment matters in Chile, please contact Ricardo Tisi (Partner) of Cariola Díez Pérez-Cotapos at rtisi@cariola.cl or visit Website of Cariola Díez Pérez-Cotapos

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CHINA • Zhong Lun Law Firm

China: Key Issues

  1. The Supreme People’s Court releases seven guiding cases on labour disputes.
  2. China strictly prohibits COVID-based job discrimination.

China: Supreme People’s Court Releases Seven Guiding Cases on Labour Disputes

The Supreme People’s Court recently released seven guiding cases on labour disputes to clarify judicial rules regarding determination of employment relation, bonus payment, management of workplace sexual harassment, non-competition, job discrimination, employment termination, etc. » Read More

China: Announces Strict Prohibition of Covid-Based Job Discrimination

The Ministry of Human Resources and Social Security and the National Health Commission jointly issued an urgent circular to regulate the checking of nucleic acid test results, prohibit job discrimination against Covid-recovered patients, and ensure their working rights in accordance with the law » Read More

For more information on these articles or any other issues involving labour and employment matters in China, please contact Carol Zhu (Partner) of Zhong Lun Law Firm at carol.zhu@zhonglun.com or visit Website of Zhong Lun Law Firm.

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COLOMBIA • López & Asociados

Colombia: Key Issues

  1. New type of temporary work visa introduced by Resolution 5477 of 2022.
  2. Modification of teleworking regulation by Decree 1227 of 2022.
  3. Three administrative authorities submit a unified concept regarding the BCI (Basic Contribution Income) to Social Security for self-employed workers.

Colombia: New Visa Regulations Expand Existing Categories and Create the Visitor Visa for Digital Nomads

On 22 July 2022, the Ministry of Foreign Affairs issued Resolution 5477, by which it clearly and forcefully established the Colombian migration procedure; in it we can see some guidelines that cover several gaps contained in the previous regulations and the creation of new categories of visas adapted to the global reality of virtuality, favouring the strengthening of international relations and promoting a migration process with clear requirements, without leaving aside the discretion and sovereignty of Colombia. » Read More

Colombia: Reshaping the Implementation and Regulation of Teleworking Modality

New Decree provides for additional aspects as for the implementation and regulation of teleworking modality. » Read More

Colombia: Constitutional Court rules on Basic Contribution Income for Self-Employed Workers

Recent Constitutional Court decision nullifies the Basic Contribution Income (BCI) to social security for self-employed workers with and without a contract for the provision of services. » Read More

For more information on these articles or any other issues involving labour and employment matters in Colombia, please contact Alejandro Castellanos (Partner) of López & Asociados at alejandro.castellanos@lopezasociados.net or visit Website of López & Asociados

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DOMINICAN REPUBLIC • Sánchez & Salegna

Dominican Republic: Key Issues

  1. The company must always verify the nature of its collaborators' services. Their status as a partner or shareholder does not prevent an employment contract.

Dominican Republic: Being a Partner does not Prevent the Existence of an Employment Contract

A shareholder can be considered an employee if he provides his services in a subordinate and paid manner to the company he is a part of. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Dominican Republic, please contact Angelina Salegna Bacó (Partner) of Sánchez & Salegna at asalegna@sys.do or visit Website of Sánchez & Salegna.

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EUROPEAN UNION • Van Olmen & Wynant

European Union: Key Issues

  1. The EU Charter of Fundamental Rights has a limited scope of application. When it is invoked by employees, the first important step is to see whether the case has an actual connection to EU law. If not, the Charter cannot be invoked.

EU: Charter of Fundamental Rights cannot be Invoked Against a Collective Bargaining Agreement regarding Overtime Pay

The Court of Justice of the EU recently decided, in a preliminary ruling, that a collective bargaining agreement (CBA) which provides for a lower supplementary pay for regular night work - than for irregular nightwork, is not implementing the Working Time Directive and therefore does not fall within the scope of the EU Charter of fundamental rights. » Read More

For more information on these articles or any other issues involving labour and employment matters in European Union, please contact Chris Van Olmen (Partner) of Van Olmen & Wynant at chris.van.olmen@vow.be or visit Website of Van Olmen & Wynant.

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FRANCE • Flichy Grangé Avocats

France: Key Issues

  1. Independent workers’ contracts will not automatically be construed as employment contracts:  the existence – or lack thereof – of an employment contract between workers and digital labour platforms is a case-by-case question that cannot be resolved in the abstract. 
  2. A bill on wealth/purchasing power could become law by the end of summer. Radtke report proposes changes to the 2009 European Works Council Directive.
  3. Tips on non-compete clauses: i) Before introducing a non-compete clause; ii) When drafting the non-compete clause; iii) Upon termination of the employment contract; and iv) In any case, and at every stage of the process.
  4. Information regarding the new contents of the BDESE (database containing economic, social and environmental information which the employer shares with elected representatives) was highly anticipated by employers and employee representatives alike. 

France: Drivers Platforms: Still Complex!

Two recent court decisions, one criminal, the other civil, discussed subordination link, and thus employment for platform workers. » Read More

France: Looking Forward

During these times of inflation, many companies are keen to find ways to safeguard their employees’ wealth/purchasing power whilst simultaneously maintaining their business endeavours’ development rate. A legislative proposal containing emergency measures for the preservation of wealth/purchasing power may fulfil some of these expectations. Mr Dennis Radtke, a European People’s Party (Christian Democrats) Member of the European Parliament has, in an eponymous report, proposed changes to the 2009 European Works Council Directive. In order for these prospective changes to become enforceable, the draft would have to go through the legislative procedure. » Read More

France: Do & Don’t – Non-Compete Clauses

The Do’s and Don’ts of non-compete clauses, tips for every stage of the process. » Read More

France: New BDESE Environmental Information

The BDESE is a database containing economic, social and environmental information which the employer shares with elected representatives. A law passed in August 2021, known as the “Climate Law”, has bestowed general powers upon the employee representative elected body known as the social and economic committee (CSE) with regards to environmental matters. The committee must now be informed of the environmental impact of the company’s operations and the BDESE data must be updated with new information to take these broader powers into account. » Read More

For more information on these articles or any other issues involving labour and employment matters in France, please contact Joël Grangé (Partner) of Flichy Grangé Avocats at grange@flichy.com or visit Website of Flichy Grangé Avocats.

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GERMANY • Pusch Wahlig Workplace Law

Germany: Key Issues

  1. Decision on dismissal during parental leave.
  2. New legislation for protection of whistle-blowers pending.

Germany: Valid dismissal of an employee during her parental leave

The Regional Labour Court of Berlin-Brandenburg found that a dismissal of an employee during her parental leave can be valid, provided that the relevant supervisory authority gave its approval. » Read More

Germany: New legislation on the way for whistle-blower protection

Finally, the German Government has decided on a bill protecting whistle-blowers following Germany’s obligation from the corresponding EU-directive. As the bill is set to reach Parliament soon and an enactment seems likely given the deadline for a national transposition act expired already in December 2021, criticism is growing. » Read More

For more information on these articles or any other issues involving labour and employment matters in Germany, please contact Dr. Tobias Pusch (Partner) of Pusch Wahlig Workplace Law at pusch@pwwl.de or visit Website of Pusch Wahlig Workplace Law.

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THE NETHERLANDS • Palthe Oberman

The Netherlands: Key Issues

  1. This article covers what this legislative proposal entails and what it means for employers and employees if the legislative proposal is also adopted by the Senate.

The Netherlands: The Legislative Proposal Working Where You Want Act

The legislative proposal aims to give employees more freedom to choose between working at the office or from home. In this blog you will read what this legislative proposal entails and what it means for employers and employees if the legislative proposal is also adopted by the Senate. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Netherlands, please contact Christiaan Oberman (Partner) of Palthe Oberman at oberman@paltheoberman.nl or visit Website of Palthe Oberman.

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NORWAY • Storeng, Beck & Due Lund

Norway: Key Issues

  1. Updated rules for home office work, proposed changes to regulations on hiring from staffing agencies and the reintroduction of trade unions’ independent right to institute legal proceedings in pursuance of certain legal breaches.

Norway: Updated Rules for Home Office Work

During the last months, the Norwegian government has issued and proposed several amendments to Norwegian labour law. » Read More

For more information on these articles or any other issues involving labour and employment matters in Norway, please contact Kari Andersen (Partner) of Storeng, Beck & Due Lund: SBDL at kari.andersen@sbdl.no or visit Website of Storeng, Beck & Due Lund.

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POLAND • Sobczyk & Partners Law Firm

Poland: Key Issues

  1. Each day of delay in implementation of the EU Directive on work-life balance for parents and carers makes it impossible for workers to exercise their rights under the directives.

Poland: EU Directive on Work-Life Balance for Parents and Carers has Still Not been Implemented

According to the plans, the implementation (deadline was 1 August 2022) of the EU Directive on work-life balance for parents and carers shall be combined with implementation of the EU Directive on transparent and predictable working conditions in the European Union. » Read More

For more information on these articles or any other issues involving labour and employment matters in Poland, please contact Prof. Arkadiusz Sobczyk (Partner) of Sobczyk & Partners Law Firm at arkadiusz.sobczyk@sobczyk.com.pl or visit Website of Sobczyk & Partners Law Firm.

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SWITZERLAND • Humbert Heinzen Lerch

Switzerland: Key Issues

  1. COVID-19 vaccination: No general right of employer to ask about vaccination status.

Switzerland: No General Right to Ask about COVID-19 Vaccination Status of Employees

In connection with COVID-19, the question often arises as to whether employers have a right to inquire about the vaccination status of employees. In a recent decision, the Appeals Commission of the Zurich Universities has concluded that it is not permissible for an employer to ask about the COVID-19 vaccination status of an employee or put measures in place that reveal the vaccination status. » Read More

For more information on these articles or any other issues involving labour and employment matters in Switzerland, please contact André Lerch (Partner) of Humbert Heinzen Lerch at lerch@hhl-law.ch or visit Website of Humbert Heinzen Lerch.

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UNITED STATES • Jackson Lewis

USA: Key Issues

  1. The Occupational Safety and Health Administration has issued a new indoor and outdoor heat enforcement initiative impacting over 70 high risk industries.
  2. Jackson Lewis publishes 2022 mid-year report.
  3. Rather than wait for circumstances to return to “normal,” companies instead can work to evolve their businesses to become even more agile and resilient in our “new normal.” They should consider taking advantage of government or other programs that might support reshoring.
  4. On July 23, 2022, the Director of the World Health Organization (WHO) declared MPV a public health emergency of international concern. In addition, a growing number of states, including California, Illinois, and New York, have declared a state of emergency due to the MPV outbreak. Most recently, on August 4, 2022, the federal government declared MPV a public health emergency.

USA: OSHA Turns Up the Heat: Enforcement of Indoor and Outdoor Heat-Related Workplace Hazards Impacts Over 70 Industries

With the goal of mitigating employee exposure to heat hazards in the workplace, the agency intends to ramp up its efforts by increasing inspections and enforcement activity across the targeted industries. » Read More

USA: U.S. Supreme Court’s Impact on Employers

The U.S. Supreme Court concluded a blockbuster 2022 terms. Our 2022 mid-year report surveys these cases providing insight and offering resources to employers as they decide whether to make necessary changes or stay the course to remain in compliance and mitigate legal risk. » Read More

USA: Reshoring as a Trending Choice for Manufacturers

The COVID-19 pandemic and other global events have forced companies to assess their fundamental operations. Chief among the considerations of U.S. companies in 2022 is how potentially relocating manufacturing can mitigate the risks of unstable international trade and supply chain management. » Read More

USA: What Employers Need to Know About Monkeypox

Monkeypox (MPV) is the latest virus to catch wide attention. But it is important for employers to keep in mind that MPV is not COVID-19. Nevertheless, there are steps employers can take. » Read More

For more information on these articles or any other issues involving labour and employment matters in the United States, please contact John Sander (Principal) of Jackson Lewis at john.sander@jacksonlewis.com or visit Website of Jackson Lewis.

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