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.
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.
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.
A number of significant changes to Polish labour law have been announced in recent months. This article examines these amendments in detail, including changes to the Labour Code, remuneration for vocational training and apprenticeships, an increase in the minimum wage rate, the abolition of limits on retirement and disability insurance contributions and changes to social benefit fund contributions.
The Employment Appeal Tribunal (EAT) recently ordered an employer to disclose comments that it had received from its external solicitor relating to an employee's dismissal because it had deliberately disclosed other related privileged documents which were helpful to its case. Interestingly, this case is one of the few where the EAT has had to grapple with issues relating to privilege. It is also a strong reminder that employers that make a tactical decision to waive privilege must be aware of the potential ramifications.
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.
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.
The Supreme Court recently held that an employer had been unjustified to summarily dismiss an employee with retroactive effect after discovering that he had covertly recorded a conversation with his manager. The court had to decide whether the employee's secret audio recording could be regarded as a material breach of the employment relationship and justify summary dismissal.
The Ontario Court of Appeal recently reaffirmed that the upper limit for reasonable notice remains 24 months, absent exceptional circumstances. This decision is a reminder of the importance of well-drafted employment contracts, particularly with regard to an employee's entitlements on termination.
In a recent decision, the Supreme Court addressed an important question relating to the day-to-day activities of companies operating in Brazil: is the outsourcing of services allowed without restriction or should it be limited to non-core business activities, as set out by Precedent 331 of the Superior Labour Court? This decision is relevant because it will affect the standards adopted by the Brazilian labour courts in relation to outsourcing.
The Federal Court recently upheld an employee's dismissal, which had occurred after he criticised his law firm's clients in an opinion piece in two newspapers. While the court's decision is not a green light for employers to terminate employees who express political views, it is a reminder for employers and employees that a failure to follow a lawful and reasonable direction may justify termination of employment (depending on the circumstances of the case).
The Trades Union Congress (TUC) recently published its recommendations for eliminating class-based bias in society. Its report points to a number of statistics demonstrating that working-class individuals suffer disadvantage in the employment sphere. As such, the TUC has proposed (among other things) the introduction of compulsory class pay gap reporting for all employers.
In the three-year saga over anticipated changes to the minimum salary threshold for overtime exemptions under the Fair Labour Standards Act, the latest – and probably final – development occurred on 24 September 2019, when the US Department of Labour issued its new final rule updating the regulations in this regard. The new regulations will become effective on 1 January 2020. As such, employers must evaluate their workforces to identify positions that will need to be reclassified or modified.
As new information and communication technologies continue to be developed, employees are increasingly connected to their business phones or computers outside their working hours. As such, the line between employees' private and professional lives has become blurred. Within this context, the Luxembourg courts recently recognised, for the first time, the existence of employees' right to disconnect.
During the Trades Union Congress conference in early September 2019, the Labour Party announced plans for a new Workers' Protection Agency and Ministry for Employment Rights. In particular, Labour Party Leader Jeremy Corbyn promised the biggest ever extension of employment rights in the United Kingdom, designed to put power in the hands of workers. Other Labour Party proposals include expanding 'worker' status to everybody except genuinely self-employed persons.
Ontario's Divisional Court recently found that a farm's employees were exempt from the overtime provisions of the Employment Standards Act 2000. The court's decision is now the leading authority on the farm exemption and provides critical clarity to the farming community, which often relies on overtime work to produce agricultural products. It also provides guidance on the interpretation of employment standards legislation.
Companies often use non-compete agreements to prevent highly skilled employees from using their know-how in favour of competitors following their termination. The Supreme Court recently addressed various questions relating to the compensation paid to employees for post-termination non-compete agreements. This article examines this topic in light of the Supreme Court's recent guidelines and a recent decision which led to debate among practitioners.
A new law has incorporated the Modified Law of 19 December 2008's provisions on apprenticeship and internship contracts into the Labour Code and introduced certain clarifications and modifications. Among other things, the new law provides that apprenticeship contracts must provide for a non-renewable three-month trial period. In addition, apprentices can now benefit from settling-in and training leave in certain circumstances.
The Court of Appeal has held that holiday entitlement and pay for workers on permanent contracts should not be prorated to reflect the fact that they work on a part-year basis. In light of this decision, employers using set percentages to calculate holiday pay should consider auditing their workers on permanent contracts to ensure that these fixed rates do not result in them receiving less than their statutory entitlement.
The Board of Equal Treatment recently found that an amendment to a university lecturer's homeworking agreement and her subsequent termination did not conflict with the Anti-discrimination Act. The board held that there had been no indirect discrimination against the lecturer on the grounds of her national or ethnic origin, as it was her choice of residence rather than her ethnic or national origin that had given rise to the situation that led to her termination.