Employment & Benefits updates

Australia

Contributed by Lander & Rogers
It's official: all permanent employees are entitled to 10 working days' paid sick leave... for now
  • Australia
  • 23 October 2019

The Fair Work Ombudsman recently released advice that all permanent employees are entitled to 10 days of paid personal/carer's leave for each year of their employment. This is a major departure from calculating personal/carer's leave entitlements in hours, which is the approach currently taken by most employers and employees. However, the ombudsman's advice is based on a recent court decision which may not stand.


Canada

Contributed by Fasken
Bonus entitlement on basis of reasonable expectation
  • Canada
  • 23 October 2019

A recent British Columbia Supreme Court ruling has clarified that even where the terms of a bonus plan expressly state that payment of a bonus is discretionary, an employer's conduct can affect whether the bonus is treated as discretionary on termination of employment. Employers should be aware of, and adhere to, the terms of bonus plans. Further, employers must be mindful of the pattern and history of discretion exercised in awarding bonuses during an employee's employment.


Denmark

Contributed by Norrbom Vinding
Attendance rather than childbirth-related leave determines whether dismissal is lawful
  • Denmark
  • 23 October 2019

The Western High Court recently found that the dismissal of an employee who had called in sick on the first day after a period of childbirth-related leave and holiday did not contravene the Act on the Equal Treatment of Men and Women. The judgment exemplifies that if an employee's dismissal has a close temporal connection with their return from childbirth-related leave, this does not automatically raise a presumption of discrimination.


Germany

Contributed by Mayer Brown
Leave pay for commission-based employees: an often overlooked pitfall for employers
  • Germany
  • 23 October 2019

An accurate method for calculating leave pay must take into consideration an employee's holiday, sickness, bank holiday and other paid absences; however, this can be burdensome for a company's HR department if its employees earn fluctuating rates of commission. While a certain amount of bureaucratic effort is inevitable, a well-thought-out system and properly trained HR officials will help to minimise complications and avoid negative consequences.


Indonesia

Contributed by Makarim & Taira S
Government simplifies outsourcing requirements
  • Indonesia
  • 23 October 2019

The minister of manpower recently amended the Minister of Manpower and Transmigration Regulation on the Requirements for Outsourcing, simplifying manpower outsourcing requirements to reflect current needs. The main highlight of the changes is that the required Manpower Office approval can now be obtained online and transferred using the online single submission system. Further, the time limit for registering a manpower outsourcing agreement with the Manpower Office has been removed.