Argentina: Key Issues

1. New Executive Order provides for the gradual reduction of the double severance compensation in case of a dismissal without justified cause.

Argentina: New Executive Order establishes Gradual Reduction of the Double Severance Compensation

Under the New Executive Order, the revised percentages will be applicable to the severance compensation items arising from a termination without cause, with a ceiling of ARS 500,000 (approx. USD $5,000). In addition, the benefit of the increased severance compensation will not be applicable to employment contracts entered into force after 13 December 2019. » 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.

Australia: Key Issues

1. Recent age discrimination cases demonstrate that individuals and regulatory agencies are taking a proactive stance against age discrimination in both employment and pre-employment processes.
2. In Gutierrez v MUR Shipping Australia Pty Limited, a long-serving chief accountant was awarded damages of $20,000 for non-economic loss suffered after being subjected to age discrimination.
3. Employers and in-house counsel are advised to ensure that comprehensive policies, training programs and detailed file note practices are in place to avoid age discrimination issues arising.

Australia: Age is a Concern - Recent Decisions demonstrate the Risk of Unlawful Age Discrimination

A 68-year-old accountant (whose employer attempted to transition him from a permanent role to a fixed-term contract role because of his age) has been awarded $20,000 in general damages for hurt, distress, and upset in a claim for contravening the Age Discrimination Act 2004 (Cth). This is the first successful age discrimination claim under that Act and follows other recent cases where employers have been found liable for breaching other laws prohibiting unlawful age discrimination, such as the Anti-Discrimination Act 1977 (NSW) and the Fair Work Act 2009 (Cth). » 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.

Belgium: Key Issues

1. The Programme Act of 27 December 2021 has reformed the special tax regime for foreign executives and researchers coming to Belgium to work.
2. Telework is mandatory for a minimum of 4 days per week.
3. Companies have time to pay the Corona Premium until 31 March 2022.
4. List of goods which can be bought with eco vouchers is expanded.
5. Telework cost refund is indexed from 129.48 euro to 132.07 euro as from 1 February 2022.
6. Federal civil servants and contractual employees receive “right to disconnect”, private sector system is in the making.
7. New rules for the mobility budget.
8. Belgium will implement its new whistleblower protection system by Summer 2022.

Belgium: New Tax Rules for Expats in Belgium

The Programme Act of 27 December 2021 has adapted the special tax regime for foreign executives coming to Belgium to work. The very beneficial system, which sometimes led to foreign executives not having to pay taxes altogether, has been replaced with a system in which executives will have to pay taxes, but can still benefit from an attractive costs system. The Act also introduced a new and similar attractive system for foreign researchers. » Read More

Belgium: Deadline Missed for Transposition of Whistle-blower Directive - Analysis of the Current Status

Belgium is not the only bad pupil in the European class. The vast majority of EU Member States did not meet the deadline of 17 December 2021 for the implementation of the EU Directive on the protection of individuals who report infringements of European Union law. Nevertheless, Belgium has already taken some important steps: for example, there is a draft legislative proposal for the private sector on which the social partners in the NAR have given their opinion. However, this shows that there is still a lot of work to be done. An adopted law is only expected by the summer of 2022. » 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.

Brazil: Key Issues

1. The monthly salary that an employee must receive in order to be classified as a hipersuficiente employee was updated to BRL 14,174.44 (approx. USD 2,620).
2. New Resolution aims to regulate the granting of temporary work visa for foreigners who will work remotely from Brazil for a foreign company.

Brazil: Update of the Monthly Salary applicable to Hipersuficiente Employees

On 20 January 2022, the Ministry of Labour and Social Security and the Ministry of Economy published Ordinance No. 12, which readjusts the amounts applicable to social security benefits and, consequently, updates the salary that employees must receive in order to be classified as hipersuficiente employees by law. » Read More

Brazil: National Immigration Council publishes New Resolution regulating Temporary Work Visa for Remote Workers

On 24 January 2022, the Brazilian National Immigration Council published Normative Resolution No. 45 aiming at regulating the granting of temporary work visa for foreigners who will work remotely from Brazil for a foreign company. » Read More

For more information on these articles or any other issues involving labour and employment matters in Brazil, please contact Mihoko Sirley Kimura or Gabriela Lima Arantes (Partners of TozziniFreire Advogados) at the emails mkimura@tozzinifreire.com.br or glima@tozzinifreire.com.br, or visit the website Website of TozziniFreire Advogados.

Chile: Key Issues

1. Failure to comply with the preventive actions detailed in the company’s Occupational Health and Safety Covid-19 Protocol policy, compromises the health of other employees and, consequently, could lead to a termination of employment and the forfeiture of any severance payment.

Chile: Consequences for Non-Compliance with Covid-19 Protocol Policy

An employee’s non-compliance with the Occupational Health and Safety Covid-19 Protocol plan is sufficient grounds for a justified dismissal. » 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

China: Key Issues

1. Employee ordered to pay damages for breach of non-solicitation obligation.
2. Employers empowered to check criminal record of certain employees and candidates.

China: Employee was ordered to Pay Damages to the Employer for Breach of Non-solicitation Obligation

Shanghai court ruled that the agreement on employee’s post-employment non-solicitation obligation was valid and therefore, the employee was ordered to pay damages (for breach) to the employer. » Read More

China: Employers are Empowered to Check the Criminal Records of certain Employees and Candidates

The Ministry of Public Security has released new Working Rules permitting employers to independently check and verify the criminal records of employees and candidates, who are to be hired for positions that have statutory employment prohibitions. » 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.

Colombia: Key Issues

1. New regulation on the right to disconnect.
2. Changes to guidelines regarding Covid-19 quarantine conditions and mandatory testing.

Colombia: Congress issues new Act regulating the Right to Disconnect

Colombia’s Congress has officially approved a Proposal Bill intended to regulate the right to disconnect. While the right to disconnect was already established in the Work From Home Act (Act 2088 of 2021), this new law elaborates upon the scope and limitations of this right for all employees. » Read More

Colombia: New Guidelines on Quarantine Conditions and Covid-19 Testing

In the context of the Covid-19 health emergency, the Colombian Ministry of Health and Social Protection issued new guidelines on quarantine and Covid-19 testing, effective as from 7 January 2022, reducing the quarantine periods and changing the requirements related mandatory testing and a positive Covid-19 diagnosis. » 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

Czech Republic: Key Issues

1. Czech Ministry of Health has increased the frequency of Covid-19 testing to twice a week.
2. Compulsory quarantine reduced to 5 days in the event that an employee tests positive for Covid-19.

Czech Republic: Testing Employees Twice a Week

Mandatory employee testing has been tightened in the Czech Republic. Effective as from 17 January 2022, each employee must be tested at the employer’s workplace twice a week. » Read More

Czech Republic: Compulsory Quarantine shortened to 5 days

Quarantine is used for separating people who are suspected of being infected with Covid-19, despite the fact that the infection has not yet been verified or disproved. » Read More

For more information on these articles or any other issues involving labour and employment matters in the Czech Republic, please contact Jan Koval (Partner) of Havel & Partners at jan.koval@havelpartners.cz or visit Website of Havel & Partners.

Dominican Republic: Key Issues

1. There is no legal obstacle to dismissing the employee during the suspension of the work contract.

Dominican Republic: The Suspension of the Employment Contract is not an Obstacle to Dismissal

The employer must terminate (with cause) the contract within 15 days of an employee having committed a fault. This period of 15 days continues to run regardless of whether the employment contract is suspended. » 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.

European Union: Key Issues

1. Transposition of Whistleblower Directive.
2. Upcoming Transposition of Transparent and Predictable Working Conditions Directive.
3. EU Commission proposed Directive to protect Platform Workers.
4. Legislative proposal on mechanisms for setting adequate minimum wages at national level.
5. Update on coordination rules regarding social security.

EU: European Parliament and EU Council agree on Update of Social Security Coordination

After very difficult negotiations, which were launched in 2017 after a Commission proposal in 2016, the European Parliament and the EU governments have finally reached a provisional political agreement in December 2021 regarding the new rules, which will have an important impact for European cross-border workers. » Read More

EU: Only 7 Member States manage to Transpose EU Whistleblowers Directive in Time

EU Member States had the obligation to transpose the Whistleblowers Directive on the protection of persons who report breaches of Union law to their national law. Only seven out of twenty-seven Member States managed to do so in time, respecting the deadline of 17 December 2021. » 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.

France: Key Issues

1. A new penalty system will be applicable to employers who do not respect their obligation to implement preventive measures to limit the risk of the Covid-19 virus spreading in the workplace.
2. The Social and Economic Committee (Works Council) only needs to be consulted when one of its members is dismissed, if the company has at least 50 employees.

France: New Administrative Penalty for Non-compliance by Employers with Covid-19 Prevention Obligations

Employers will be fined €500 per employee in the event of a dangerous situation linked to exposure to Covid-19, resulting from non-compliance with their general prevention obligations. This measure was included in the law adopted by Parliament that aims to strengthen health crisis management tools. » Read More

France: CSE consultation is only Compulsory in Companies with at least 50 Employees

In principle, French law requires that the CSE be consulted before one of its member is dismissed. In an opinion dated 29 December 2021, the highest French administrative court specified that this consultation with the CSE is only compulsory in companies with at least 50 employees, unless such consultation has been provided for in a collective agreement. » 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.

Germany: Key Issues

1. Minimum wage increases, a facility-related vaccination requirement, electronic certificates in case of employees’ incapacity for work and additional contributions to pension funds affect employers in 2022, among other matters.
2. In the event of a violation of Coronavirus protection measures, a dismissal of the concerned employee is possible. However, this usually requires a prior written warning, depending on the severity and extent of the violation.

Germany: What’s new in 2022? Overview of the Most Important Changes in Employment Law for Employers

The new year has already begun and as usual, it brings about various changes in German employment law: some have already been implemented with effect as of 1 January 2022, while others will follow as the year progresses and some are only being discussed. We have summarised the most important changes in German employment law for employers in 2022. » Read More

Germany: Dismissal due to Refusal of Coronavirus Rapid Testing usually requires a Prior Warning

According to recent local case law, the employer is entitled to instruct the staff to do compulsory Coronavirus tests before work. However, the employees’ refusal to comply with such instruction usually only justifies a dismissal if a prior written warning has been issued. » 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.

Italy: Key Issues

1. Mandatory possession of green passes (plus the differences between them and how to obtain them) for public and private workers 50 years of age or older.
2. The Extraordinary Wage Fund has been extended to all sectors and granted to all companies with more than 15 employees for reasons of company reorganisation (also to implement transition processes), company crisis and solidarity contracts.
3. The Budget Act of 2022 introduces Anti-Delocalisation Rules.

Italy: New Decree on Urgent Measures to deal with the Covid-19 Emergency

New Decree provides for a series of measures, including the mandatory possession of a green pass for persons over 50. » Read More

Italy: Extraordinary Wage Fund has been Extended and Shock Absorbers Introduced

The Extraordinary Wage Fund has been extended to all sectors and granted to all companies with more than 15 employees for reasons of company reorganisation (also to implement transition processes), company crisis and solidarity contracts. For all shock absorbers, a single ceiling of 1,199.72 euros has been introduced. This increases the amounts by more than 200 euros for people with a salary of up to 2,159.48 euros. » Read More

Italy: The Budget Act of 2022 introduces Anti-Delocalisation Rules

The Budget Act of 2022 introduced a requirement applicable to employers who have employed, on average, at least 250 workers and who intend to close a branch, establishment, subsidiary, office, or autonomous department - located in the national territory - with the definitive termination of the relevant activity and with the dismissal of at least 50 workers. » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Michela Bani (Partner) of LabLaw at m.bani@lablaw.com or visit Website of LabLaw.

Luxembourg: Key Issues

1. The 3G Scheme (vaccinated/recovered/tested) is now mandatory at the workplace, as of 15 January 2022.

Luxembourg: 3G Scheme is Mandatory at the Workplace

The amended Covid-19 law has introduced the compulsory “3G” (vaccinated/recovered/tested) Scheme at the workplace. The 3G Scheme is now mandatory at the workplace, as of 15 January 2022. » Read More

For more information on these articles or any other issues involving labour and employment matters in Luxembourg, please contact Christian Jungers (Partner) of KLEYR | GRASSO at christian.jungers@kleyrgrasso.com or visit Website of KLEYR | GRASSO.

Netherlands: Key Issues

1. There have been several employment law changes as of 1 January 2022, chief among them: i) introduction of nine weeks paid parental leave; ii) temporary act on widening the use of corona access cards; iii) return regulation for reduction in working hours; iv) tax exemption for home office costs; v) law on more balanced male to female ratio and much more.

Netherlands: Summary of Recent Labour and Employment Law Developments in 2022

As of 1 January 2022, a lot will change in the area of employment law. Paid parental leave will be introduced, the law on a more balanced male to female ratio will enter into force, and many other changes will occur. We have listed the most important changes in 2022. » 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.

Portugal: Key Issues

1. Changes to remote work (teleworking) rules.
2. Companies must not contact employees outside of working hours.

Portugal: New Rules on Remote Work in Portugal effective January 2022

Amendments to the previous teleworking rules contained in the Portuguese Labour Code were published in December 2021 and have been in effect as from January 2022. Main changes regard new rules on the terms applicable to switch from on-site work to remote and vice-versa, bearing of increased expenses and the recognition of hybrid options. » Read More

For more information on these articles or any other issues involving labour and employment matters in Portugal, please contact Helena Tapp Barroso (Partner) or Pedro Pardal Goulã (Partner) of Morais Leitão at htb@mlgts.pt or pgoulao@mlgts.pt or visit Website of Morais Leitão.

Russia: Key Issues

1. The Moscow Trilateral Agreement for 2022-2024 imposes extensive obligations on all employers, who have not submitted a written refusal to join the agreement by 9 February 2022.
2. As of 1 January 2022, companies with more than 25 employees are required to use the digital platform "Work in Russia" only, when submitting information to the state employment service.

Russia: Moscow Trilateral Agreement for 2022-2024

The regional 2022-2024 agreement for Moscow provides for a wide range of obligations for employers. Employers may refuse to join the agreement fully or in-part, by submitting a motivated refusal by 9 February 2022. » Read More

Russia: New Rules on Reporting to the State Employment Service

As of 1 January 2022, companies with a headcount over 25 employees are required to use the digital platform "Work in Russia" only, when submitting information to the state employment service. » Read More

For more information on these articles or any other issues involving labour and employment matters in Russia, please contact Anna Berlina (Partner) of Pepeliaev Group at a.berlina@pgplaw.ru or visit Website of Pepeliaev Group.

Saudi Arabia: Key Issues

1. Ensuring compliance with Saudisation requirements.
2. Navigating the contract authentication requirements.
3. Understanding the requirements under the new data protection law.

Saudi Arabia: New Table of Fines and Penalties for Non-Compliance with Employment Regulations

On 17 December 2021, the Ministry of Human Resources and Social Development (MHRSD) issued a new table of fines and penalties for violations of various employment regulations, including sanctions for non-compliance with Saudisation requirements, work authorisation obligations and payment of wages. » Read More

For more information on these articles or any other issues involving labour and employment matters in Saudi Arabia, please contact Sara Khoja (Partner) of Clyde & Co at sara.khoja@clydeco.ae or visit Website of Clyde & Co.

USA: Key Issues

1. Supreme Court halts vaccine or test mandate for employers.
2. New requirements for travel in response to Covid-19 Omicron variant.
3. Covid-19 again causes rethinking in remote work/co-working spaces.

USA: Supreme Court Puts OSHA Covid-19 Vaccine-Or-Test ETS Back on Ice

In a 6-3 ruling, the U.S. Supreme Court has granted a temporary stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS). » Read More

USA: Avoiding Immigration-Related Litigation in the Current Labor Market

According to the U.S. Bureau of Labor Statistics, the number of unfilled job openings increased by over three million in the last year. The construction industry has been particularly hard hit by labor shortages, causing many employers to turn to alternative hiring sources, including recruitment and hiring of foreign nationals. This can be a consistent and reliable source of labor in an otherwise difficult market. » Read More

USA: California Consumer Privacy Act, California Privacy Rights Act FAQs for Covered Businesses

The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on 1 January 2020. The CCPA placed significant limitations on the collection and sale of a consumer’s personal information and provides consumers new and expansive rights with respect to their personal information. » 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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