Argentina: New interest rates applicable in labor claims

The Court of Labor Appeals, through CNAT Act No. 2764, ruled to maintain the interest rates established in CNAT Acts No. 2601/14, 2630/16 and 2658/17, but ordered the annual capitalization of interest from the date of service of notice of the complaint.
» 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. Newly elected Federal Government intending to reform many key areas of workplace relations
2. Proposed legislative reform for enterprise bargaining
3. New approach to distinguishing employees and independent contractors under Australian common law.
4. Forthcoming legislative reforms to regulation of gig economy work in Australia.

Australia: Jobs and Skills Summit – what does it mean for employers?

In our Employment Law Tracker Content for August 2022, we reported expected workplace reforms by the new federal Labor Government and noted there was more to come with the Jobs and Skills Summit to be held on 1 and 2 September 2022 (“Summit”).Many announcements were made at the Summit relating to investments in skills and labour supply which are important to employers.  However, in this update we will focus on the more controversial workplace relations announcements made by the Minister for Employment and Workplace Relations, The Hon Tony Burke MP, that came out of the sessions “Sustainable wage growth and the future of bargaining” and “Creating, safe, fair and productive workplaces”. » Read More

Australia: Fair Work Commission acknowledges unfair treatment of Deliveroo driver but overturns decision finding driver an employee

In another significant decision on the employment status of gig economy workers in Australia, a Full Bench of the Fair Work Commission has, in the wake of a significant shift in approach from the High Court of Australia, overturned a finding that a Deliveroo driver was an employee of the business whilst lamenting the fact that, in doing so, it left the driver without a remedy. The Full Bench has confirmed the approach adopted by the High Court affirming the primacy of contractual rights and obligations and ruling as impermissible an assessment of the practical reality of employment relationships when determining employee status. » 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.

Austria: Amendment to the Employment of Foreign Nationals Act

As of 01.10.2022, the Employment of Foreign Nationals Act (AuslBG) will be amended. The amendment is intended to facilitate the recruitment and labor market access of qualified workers from third countries. » Read More

For more information on these articles or any other issues involving labour and employment matters in Austria, please contact Dr. Anna Mertinz (Partner) of KWR Karasek Wietrzyk Rechtsanwälte GmbH at anna.mertinz@kwr.at or visit Website of KWR.

Belgium: Important change in dismissal law as from 2023: Saturday no longer considered a working day

The upcoming changes to the Belgian civil code will also bring with some important modifications for Belgian employment law. » 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.

Canada: Ontario Employer Convicted of COVID-Related OHSA Violations

In a first for Ontario, an employer has been convicted under the Occupational Health and Safety Act (the “OHSA”) in relation to its response to a COVID-19 outbreak in the workplace. The conviction serves as a reminder of the responsibility for employers to protect workers from COVID-19 transmission. » Read More

Canada: Ontario’s Civil Rules Committee Proposes Significant Amendments to Rules for Oral Examinations Outside of Court

The Ontario Courts’ Civil Rules Committee is considering significant amendments to Rule 34 of the Rules of Civil Procedure, which sets out the procedure for conducting oral examinations out of court. Many of the amendments aim to better facilitate the use of remote and virtual examinations, which have become more common since the onset of the COVID-19 pandemic. » 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.

Chile: Key Issues

1. Principals aspects of the indications to the bill that reduces workday to 40 hours

Chile: Further indications to the bill that reduces workday to 40 hours

“The Bill states that the application of the law under no circumstances may represent a decrease in the remunerations of the benefited employees at the date of its entry into force and during the process of gradual reduction of the working day”. » 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. Non-compete Obligation Was Held Transferred along with Employment Relation Transfer.
2. China Released Guiding Opinions on Supportive Measures for Active Childbearing.

China: Non-compete Obligation Was Held Transferred along with Employment Relation Transfer.

Shanghai No. 1 Intermediate Court held that non-compete obligation shall be transferred along with employment relation transfer and the new employer shall pay compensation to the employee for performing non-compete obligation after employment termination. » Read More

China: Released Guiding Opinions on Supportive Measures for Active Childbearing.

Seventeen departments including the National Health Commission jointly issued the Guiding Opinions on Further Improving and Implementing Supportive Measures for Active Childbearing which emphasize to improve birth leave system and create working environment friendly to childbearing. » 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. Maternity leave for biological father in surrogate motherhood.

Colombia: Does surrogate motherhood allow maternity leave in its totality to biological father?

According to the Decision T 275 of 2022, the Constitutional Court studied a constitutional action for the protection of fundamental rights filed by a petitioner in his own name and on behalf of his daughter to request the recognition and payment of “paternity leave for a time equivalent to the number of weeks granted to mothers by law”. » 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

Dominican Republic: Key Issues

1. Companies need to keep the original documents they requested from third parties or public institutions in case a Court requires it.

Dominican Republic: A court cannot rule out a hearing record for being in a simple copy.

The Third Chamber of the Supreme Court of Justice states that labor matters are characterized by the absence of formalities and freedom of evidence. » 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.

EU: The TPWC Directive and Work-Life Balance Directive have entered into force: several member states are lagging behind with its transposition

Two of the most important recent EU legal instruments in the field of social Policy have entered into force on 2 August 2022. We are talking about the Transparent And Predictable Working Conditions Directive (2019/1152) and Work-Life Balance Directive (2019/1158). These Juncker-era directives ensure more extensive rights for workers in the EU. Below, we discuss the main principles of these directives and talk about the national implementation. » 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. Legal instruments leading to social changes have recently come into force
2. Unfair competition law may apply where a company has agreed to use the confidential client information its new employees have brought to its attention

France: September 2022: a month for social reform

Several legal instruments containing important social measures have been decided this summer. » Read More

France: Using files new employees bring to the table may constitute unfair competition

If a company is willing to use customer files coming from their new hire’s former employer, it may be found civilly liable for unfair competition practices. » 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. Decision on the consideration of RSUs in compensation for post-contractual non-compete period
2. Update of the Covid 19 Occupational Health and Safety Ordinance

Germany: No consideration of Restricted Stock Units (RSUs) when calculating compensation for a post-contractual non-compete period

The Federal Labour Court found that RSUs granted by the parent company of the employing entity don’t have to be considered when calculating an employee’s compensation for a post-contractual non-compete period. » Read More

Germany: New Version of the Covid 19 Occupational Health and Safety Ordinance for the upcoming fall and winter

The Federal Ministry of Labour and Social Affairs will issue a new version of the Covid 19 Occupational Health and Safety Ordinance. It will be in effect from the 1^st of October 2022 until the 7^th of April 2023. » 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: Work-related receivables: the Italian Supreme Court clarifies, once and for all, the commencement of the statute of limitations

Resolving a long-standing case-law conflict within the domestic courts, the Italian Supreme Court ruled that in light of the amendments introduced by the so-called “Fornero Law” and “Jobs Act”, the five-year statute of limitations for work-related receivables rights shall run from the termination of the employment relationship rather than during its course. » Read More

For more information on these articles or any other issues involving labour and employment matters in Italy, please contact Angelo Zambelli of Zambelli & Partners at angelo.zambelli@zambellipartners.com or visit Website of Zambelli & Partners.

The Netherlands: Framework letter from the Minister of Social Affairs and Employment, Labor Market 2023

On 5 July 2022, the Minister of Social Affairs and Employment published the Labour Market Framework Letter. This letter outlines, among other things, an approach to modernize the labour market and announces a legislative review in 2023. The goal is to encourage long-term employment relationships. Read briefly in this blog the measures proposed by the Minister (which are currently before the House of Representatives for approval). » 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.

Peru: Peruvian Congress approves new Law of teleworking

Law No. 31572, Law of teleworking was published on Peruvian Official Gazette on September 11^th. This new regulation will replace transitory regulation on remote work which is in force until December 31^st. 2022. » Read More

For more information on these articles or any other issues involving labour and employment matters in Peru, please contact César Puntriano (Principal Partner) of Estudio Muñiz at cpuntriano@munizlaw.com or visit Website of Estudio Muñiz.

Poland: Termination of fixed-term employment contracts will require justification

According to the draft legislation implementing the EU Directive on work-life balance for parents and carers and the EU Directive on transparent and predictable working conditions in the European Union, the termination of fixed-term employment contracts will require justification. In addition, according to the planned amendments, the employer is to notify the company trade union organisation representing the employee in writing of its intention to terminate an employee's fixed-term employment contract, stating the reason justifying the termination. » 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.

Sweden: New proposal on work environment responsibility for companies that engage, inter alia, self-employed workers, platform workers, subcontractors and freelancers.

In June 2021, the Swedish government appointed a special investigator to review parts of the Swedish Work Environment Act (Sw. Arbetsmiljölag (1977:1160)). The special investigator has proposed that when companies engage, inter alia, self-employed workers, platform workers, subcontractors and freelancers, the companies shall in certain cases be imposed with a responsibility for the work environment. » Read More

For more information on these articles or any other issues involving labour and employment matters in Sweden, please contact Robert Stromberg (Partner) of Cederquist at robert.stromberg@cederquist.se or visit Website of Cederquist.

Switzerland: Key Issues

1. Revision of the Swiss Data Protection Law is Complete: The New Swiss Data Protection Law Enters Into Force on September 1, 2023

Switzerland: Revision of the Swiss Data Protection Law Is Complete and Enters into Force on September 1, 2023

On August 31, 2022, the Swiss Federal Council adopted the ordinance on the new Swiss Data Protection Act and decided that the new act and the ordinance will enter into force on September 1, 2023. With this, the legislative work on the revision of the Swiss data protection law is complete. Companies now have a year to implement the new requirements. » 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.

UK: Key Issues

1. Changing employment terms: “Fire and rehire”
2. Long-term sickness: PHI benefits
3. Homeworking: Location-based pay
4. Employment status: New guidance
5. Women’s health: Menopause in the workplace
6. Working practices: Hybrid and distance working

UK: Changing employment terms: “Fire and rehire”

The Court of Appeal has overturned an injunction that was granted by the High Court to prevent Tesco from “firing and rehiring” employees in order to remove a “permanent” contractual entitlement to enhanced pay. » Read More

UK: Long-term sickness: PHI benefits

The Court of Appeal has ruled that an employer was liable to pay the level of income protection payments set out in an offer letter and attached summary of benefits which were incorporated in the employee’s contract. » Read More

UK: Homeworking: Location-based pay

An employment tribunal has ruled that a homeworking employee who relocated to the north-east of England was not entitled to receive London weighting pay. » Read More

UK: Employment status: New guidance

The government has published a response to its 2018 consultation on employment status, issued as part of the response to the 2017 Taylor Review of Modern Working Practices. » Read More

UK: Women’s health: Menopause in the workplace

The House of Commons Women and Equalities Committee (WEC) has published a report, Menopause and the workplace. » Read More

UK: Working practices: Hybrid and distance working

The Office of Tax Simplification (OTS) has published a call for evidence on emerging trends in hybrid and distance working.
 » Read More

For more information on these articles or any other issues involving labour and employment matters in the United Kingdom, please contact Robert Hill (Partner) at Clyde & Co at robert.hill@clydeco.com or visit Website of Clyde & Co.

USA: Department of Labor: Releasing Employers’ 2016-2020 EEO-1 Report Data Unless Each Employer Objects | Jackson Lewis

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received a Freedom of Information Act (FOIA) request for detailed EEO-1 Report employee demographic information that thousands of U.S. employers submitted from 2016 through 2020. Unless these employers submit objections by September 19, OFCCP plans to release their currently non-public demographic employee data in response to the request. » Read More

USA: DHS Takes Step Toward Allowing Virtual, Alternative Options for Examination of I-9 Documents | Jackson Lewis

For more than two years, due to the COVID-19 pandemic, the Department of Homeland Security (DHS) has been allowing employers with remote workers to review Form I-9 Employment Verification Authorization documents virtually over video link or by fax or email. That flexibility is set to expire on October 31, 2022. As remote workforces have gained in popularity and practice, many employers and advocacy groups have encouraged making virtual I-9 review a permanent fixture in the on-boarding process. » Read More

USA: Browning Ferris Returns: NLRB Again Proposes New Broader Rule for Determining Joint Employer Status | Jackson Lewis

The National Labor Relations Board (“the Board”) has proposed a new rule for determining joint employer status under the National Labor Relations Act. The proposed rule comes after nearly a decade of the Board changing positions as to what could render two independent companies joint employers. Most changes have involved the degree to which one employer must retain the right to control another company’s employees’ terms and conditions of employment to make them joint employers. Courts have also gotten involved, especially the District of Columbia Federal Court of Appeals. Federal administrative agencies, such as the Department of Labor and the EEOC have also tended to follow the Board’s twists and turns on the issue. » 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.

This publication may not deal with every topic within its scope nor cover every aspect of the topics with which it deals. It is not designed to provide legal or other advice with regard to any specific case. Nothing stated in this document should be treated as an authoritative statement of the law on any particular aspect or in any specific case. Action should not be taken on this document alone. For specific advice, please contact a specialist at one of our member firms or the firm that authored this publication.

L&E Global CVBA is a civil company under Belgian law that coordinates an alliance of independent member firms. L&E Global does not provide client services of any kind. Such services are solely provided by the member firms in their respective jurisdictions. In certain circumstances, L&E Global is used as a brand or business name in relation to and by some or all of the member firms. L&E Global CVBA and its member firms are legally distinct and separate entities. They do not have, and nothing contained herein, shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners or joint ventures. No member firm, nor the firm which authored this publication, has any authority (actual, apparent, implied or otherwise) to bind L&E Global CVBA or any member firm, in any manner whatsoever.